A handful of Sydney businesses have taken the train unions to the Fair Work Commission in a bid to stop ongoing industrial action threatening New Year's Eve events.
Laundy Hotels, Ryan's Hotel Group and Luna Park are among those that lodged submissions with the Commission under Section 426 of the Fair Work Act, which cites the protection of businesses and passengers as a reason to suspend protected industrial action.
Sydney's Luna Park is among the businesses trying to stop industrial action going ahead on New Year's Eve. (AAP: Mick Tsikas)
Former Liberal MP and spokesperson for Laundy Hotels, Craig Laundy, accused the unions of playing "Russian roulette" with the hospitality sector on one of their busiest days of the year.
He said customers, staff and businesses needed certainty.
"We've taken bookings in good faith, we want to look after those people, we don't know if they'll arrive," Mr Laundy said.
"And we also don't know if our staff will be able to get to the venue to serve them if they happen to arrive so we’re exposed on a few fronts.
“Quite clearly it's unacceptable for the people of Sydney to be held hostage by a rail union.”
Craig Laundy from Laundy Hotels said customers, staff and businesses needed certainty. (ABC News)
The Fair Work Commission will hear the government and business cases to stop the industrial action this week, with the issue expected to come to ahead on Tuesday.
It comes after the Minns government lost a bid to ban industrial action in the Federal Court on Thursday, meaning the union work bans could take place immediately.
Over the weekend the entire train network was thrown into chaos with delays and 651 cancellations — 350 on Saturday and 65 on Sunday, according to Sydney Trains.
In a statement, Luna Park acknowledged the right to protest but expressed concern over the timing.
"Luna Park Sydney is pursuing available legal options to ensure that our iconic Harbour Party … will be able to be enjoyed," it said.
"New Years Eve on Sydney Harbour brings so much joy to people all around the world — it would be a tremendous shame for it to be anything but it's usual spectacle."
Sydney musician Chris Rulewsk, who plays at establishments like the Laundy-owned Woolly Bay Hotel, said businesses will feel the pinch if trains don't run.
"A lot of the venues I do play at around this time of year, you see a lot of internationals as well as out-of-towners to come and see the fireworks," Mr Rulewsk said.
"It's definitely going to have an impact but how big that impact's going to be we'll have to wait and see."
He said pubs had been quieter than usual over the past few days but could not say if that was linked to the ongoing train cancellations.
"I do feel for them [union members] obviously there's things that they're fighting for and they wouldn't be in this predicament unless it's something important."
Donald Foote worked in the rail industry for about 40 years and said the union's pay expectations were "ridiculous". (ABC News: Xanthe Gregory)
Donald Foote was a maintenance worker in the rail industry for about 40 years and is a former member of the Rail, Tram and Bus Union (RTBU).
"I think they're getting greedy," Mr Foote said.
"What they're doing around Christmas time and New Year, it's just trying to lever the government, they wouldn't even think about doing it in June."
Mr Foote said the pay rise expectations of the union were "ridiculous, over the top".
"It'll all get sorted out about three days before New Year and the union will look like we've done the right thing, we've looked after the people, we're going to get them to the fireworks."
On Saturday the RTBU refuted cancelling trains was part of their industrial action, and refuted claims over pay, saying the government had "failed to spend a single minute in formal bargaining meetings" since they last met in early December.
They also blamed transport officials for not planning for the industrial action despite being notified in advance.