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ABC News
ABC News
National
By Riley Stuart and Jake Lapham

NSW's train crisis came down to just four words, documents reveal

Government grilled about ABC train exclusive in question time

The complete shutdown of NSW's passenger rail network on Monday came down to just four words, documents obtained by the ABC have revealed.

Sydney Trains and the Rail, Tram and Bus Union (RTBU) have this week blamed each other for the state-wide cancellation, and the documents, obtained from the Fair Work Commission, reveal specifically what they were arguing about.

The two parties struck a deal on Saturday that would allow trains to run during industrial action.

It specified that Sydney Trains could run "the master roster weekend timetable ... as is presently scheduled".

But by Sunday, an argument had erupted over the phrase "as is presently scheduled" — and whether Sydney Trains could run the "enhanced" weekend timetable which has been in place during parts of the COVID pandemic.

The "enhanced" weekend timetable has been used throughout this week during the dispute.

Sydney Trains argued "as is presently scheduled" meant it could go ahead with the existing roster for the week starting February 21, which had been issued earlier this month.

However, the RTBU argued that would be in breach of the agreement struck the previous day.

NSW Premier Dominic Perrottet and Transport Minister David Elliott spent Monday morning blaming unions for the fact no trains were running.

However, when images emerged of drivers and guards turning up at railway stations expecting to work, the complex industrial dispute began to emerge.

The commission hearing transcript from Sunday shows RTBU barrister Lucy Saunders insisting the agreement struck the previous day would allow Sydney Trains to maintain services for commuters on a weekend roster beginning the next day.

"That's what the agreement says. That's the position. It does not, in our view, prevent train services being run," she said.

"The key thing to remember is every single member of the RTBU who is rostered to work tomorrow will be turning up, ready, willing and able to work."

The documents reveal that, during Sunday night's hearing, Sydney Trains' barrister Maurice Baroni said it would be "nonsensical" for the organisation to agree to operate a timetable that offered less services than what were already being run.

It led to this exchange with the Fair Work Commission's deputy president.

Deputy president: "Why is it nonsensical?"

Mr Baroni: "Because we wouldn't agree to it. Our understanding is clearly ..."

Deputy president: "That doesn't make it nonsensical, it just means you wouldn't agree to it."

Mr Baroni: "Well..."

The hearing was adjourned at 8:54pm on Sunday, and Sydney Trains subsequently cancelled all services in a decision the Premier says was made after midnight.

In a statement provided to the Fair Work Commission on Monday, Sydney Trains senior executive Hayden Donoghue outlined the final hours leading up to the network shutdown.

He told the commission he consulted three other Sydney Trains staff in the early hours of Monday morning — including acting chief customer officer Jasbir Tumber — who advised the chief executive to cease services.

Mr Donoghue said despite the union cancelling two out of the nine planned industrial actions during weekend negotiations, the risk to train services remained "intolerable". 

Another Sydney Trains executive who provided the shutdown advice, Martin Bollman, told the commission in a statement it would take two to three days to change train timetables and crew rosters. 

The government has repeatedly cited "safety advice" as the reason for the Monday shutdown — and the documents before the Fair Work Commission have shed some light on those risks. 

In his statement, Mr Donohue said the safety risks could include trains being stranded on platforms, or being unable to complete their journey.

The union has always maintained its planned industrial action would not have put the safety of passengers at risk.

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