The NSW rail union has given up a plan to turn off Opal card readers off during peak hour. 

The Rail, Tram and Bus Union (RTBU) says it will not proceed with the move after the NSW government launched legal action against it for damages and lost fare revenue in what the government alleges is unprotected industrial action.

The Federal Court held an urgent hearing this week at which the union sought to determine whether their action could proceed, but the matter was adjourned until Friday.

Union members have now voted to pause the Opal gate industrial action while the matter was before the court.

The RTBU planned to have Opal machines switched off at all gated train stations from 3pm until 7pm on weekdays.

Secretary of the NSW branch Alex Claassens has accused the government of the most “vicious” attack on workers ever seen in Australia.

“If the government continues to stop us from giving commuters free fares, the only actions available to us are things like strike action,” he said.

“We don't want to go down that route, but it seems the government wants to force us there. Why the government would want to do that to commuters is beyond me.”

The court action is the latest episode in a long-running dispute between the RTBU and the state government.

The union has been trying to force the government to make safety changes to the $2.8 billion New Intercity Fleet (NIF), which has been sitting in storage since 2020 because RTBU members refuse to operate the trains over concerns about guards not being able to properly monitor passengers. 

Transport Minister David Elliott has accused the RTBU of playing a “political game”, and says any progress in negotiations made so far would be wound back if the union takes any further industrial action which impacts commuters.