The long-running dispute between the NSW government and rail workers is being heard by the industrial relations umpire after a last minute attempt to avoid the hearing was rejected.

The Fair Work Commission (FWC) hearing follows an adjournment on Tuesday after multiple unions sought the commission’s intervention.

The government last week threatened to terminate an existing enterprise agreement for rail workers, prompting the union’s appeal to the commission to keep it at the negotiating table.

FWC deputy president Bryce Cross rejected a last minute application to adjourn and enter conciliation mounted by the state government on Friday.

“This matter has some urgency to it,” Mr Cross said.

Lawyers representing the government train agencies opposed conciliation on Tuesday, securing the adjournment so it can gather its evidence.

They argued on Friday it beggared belief the commission would not approve its application after earlier encouraging conciliation but Mr Cross did not agree.

“I don’t think that’s a very accurate recollection of history,” he said.

“The initial response (to conciliation) from respondents was no, on more than one occasion, and now we’re at the commencement of the hearing,” he said.

Unions have been negotiating with the government for months over a new enterprise agreement for rail workers after the current one expired in May last year.

But a major sticking point for the government remains the Rail, Tram and Bus Union’s insistence on modifications for a Korean-built fleet of new intercity trains it argues are not yet safe to operate on the NSW rail network.

Modifying the trains to allow guards to monitor platforms on approach and departure would ensure safety, the union says, and save about 450 jobs.

The union took industrial action throughout August with targeted strikes, which included station gates being left open, bans on fines and crews refusing to operate foreign-built trains that comprise most of the network, causing delays for commuters for several days.

Government rail agencies have agreed not to proceed with a new enterprise agreement or apply to terminate the current one until the commission matter is decided.

The union’s application last week came a day before federal Employment Minister Tony Burke wrote to the commission about the Labor government’s intention to change the law to limit an employer’s ability to terminate enterprise agreements.

Mr Burke says his letter didn’t mention the Sydney trains dispute and stemmed from the Albanese government’s jobs summit.

But Premier Dominic Perrottet slammed its timing, coming after his government threatened to tear up the enterprise agreement unless the union stopped striking and accepted the government’s terms.

Another commission hearing is currently scheduled for next Wednesday.

– AAP