The NSW Government has lost a bid to suspend future industrial action by unions. 

For several weeks, the Rail, Tram and Bus Union (RTBU) has engaged in a range of disruptive practices, including refusing to staff trains that were built overseas, not cleaning hazardous waste, and running trains in “go slow” periods.

Earlier this year, the Communications, Electrical and Plumbing Union (CEPU) beganrefusing site access to contractors not employed by Sydney Trains and stopping work on capital works projects.

The NSW government last week applied to the Fair Work Commission (FWC) to halt any further action by the unions, arguing the actions have cost in excess of $100 million and done significant economic damage.

It also claimed cleaning bans pose a health and safety risk to commuters.

But FWC deputy president Bryce Cross disagrees.

“I find that no part of the protected action of the unions … has threatened, is threatening, or would threaten to endanger the life, the personal safety or health, or the welfare, of the population … or cause significant damage to the Australian economy,” he said this week.

He said evidence from the NSW government about economic impacts was based on “inexplicable assumptions” and generalised predictions that could not be relied upon.

“Even those predictions, while large figures, would not cause 'significant damage' to an economy of half a trillion dollars,” he said.

He said that while cleaning bans did appear to carry risk, there was no indication that they had, in fact, made trains unavailable to the public.

“There is a complete lack of evidence of the actual hazardous environmental factors and states said to arise from the cleaning bans,” he said.

The RBTU has taken the action in part to protest against alleged safety issues with the state’s new intercity fleet of trains, which are due to be brought online this year.

The union says the trains obscure vision of platforms before departing, and they must be modified before going into operation.

The state government says it has agreed to spend $264 million to modify the trains, but NSW RBTU secretary Alex Classens the groups are not any closer to a resolution.

“We've won in the commission, but we still don't have a commitment from the NSW government that it will make the safety changes required,” he said.

“This has been a remarkable waste of taxpayer dollars.

“The NSW government ran, and lost, a case aimed at stopping protected industrial action that doesn't even currently exist.”

Acting Minister for Transport and Metropolitan Roads Natalie Ward said the FWC action forced the unions to back down on several grounds.

Rail unions have reportedly lifted a significant number of bans on cleaning, operating Millennium and B-set trains and electrical work on the Metro construction.

“This is a step in the right direction, especially at a time when NSW is battling natural disasters,” Ms Ward said.

“The people of NSW want us focused on supporting those most in need, and delivering world-class transport services, and we expect union leadership to do the right thing and consider the impact of ongoing industrial action on the community.”

Ms Ward called on the unions to come to a “reasonable compromise”.

“We have a world-class train network, and the only reason it isn't providing world-class services is because the unions are playing politics. The people of NSW deserve better.”