Intense negotiations will continue over the weekend in a bid to avert further train strikes in Sydney, after the rail union and the government failed to reach an agreement over a mothballed fleet of trains.

The Rail, Tram and Bus Union (RTBU) escalated its industrial action this week, with trains out of action for not passing maintenance standards on Monday and strikes causing cancellations and delays on Tuesday and Thursday.

Despite days of negotiation between the rail union and the government, both parties had could not sign off on a deed on Friday evening, as a sticking point emerged.

The union was presented with a revised deed on Wednesday, with the government committing to make changes to a Korean-built fleet of intercity trains it believes are not yet safe to operate in NSW.

As well as the trains, a new enterprise bargaining agreement needs to be reached after the previous agreement expired in May 2021.

The two parties appear to disagree on details in the deed that would limit the rail union’s ability to negotiate its enterprise agreement to within three months of signing.

‘One or two outstanding matters’

“They appear to be close to resolution but there are still one or two outstanding matters that will need to be determined,” Transport Minister David Elliott told a budget estimates hearing on Friday.

Regional Transport Minister Sam Farraway told reporters negotiations are the closest they have ever been to reaching a resolution.

“Unfortunately, the union are not in a position to sign the deed that I have presented to them,” Mr Farraway said.

“The sticking point is the completion date of an enterprise agreement.”

Mr Farraway said the government wants an agreement within weeks, not months, and has made himself available for weekend meetings.

RTBU NSW Secretary Alex Claassens said a clause within the deed would allow the government to tear up the current offer if the enterprise agreement is not signed after three months.

“The ‘commitment’ constantly spouted by government ministers to make safety alterations to the new intercity fleet ring especially hollow when you actually look at the detail,” Mr Claassens said.

“A commitment made with a cut-off date based on other events, outside of the RTBU’s control, is no commitment at all.

“The deed needs to be final and put a pin in this sorry saga of our rail history.”

Both Mr Claassens and Mr Farraway committed on Friday to making themselves available over the weekend to continue negotiations, and further talks are scheduled for Monday.

Mr Elliott said he believed the deed could be signed and enterprise agreement bedded down by Monday, but conceded negotiations could continue for up to six months.

Mr Elliott put the price of modifications to the fleet at $1.1 billion, or $264 million “depending on how you account for the cost”.

Treasurer Matt Kean quoted the higher figure this week.

Mr Elliott did not agree the trains needed modifying, but said the opportunity cost of not making changes could prove more costly.