Industrial Action Disrupting Trains

If your team (or your customers) rely on rail, disruptions from industrial action on trains can quickly ripple through your whole business. Late arrivals. Missed shifts. Cancelled appointments. Lower foot traffic. And suddenly you’re dealing with payroll questions, rostering gaps, customer complaints and operational stress - all at once.

The tricky part is that when trains are disrupted due to industrial action, there are two moving parts you need to manage at the same time:

Operational continuity (keeping the business running), and
Legal compliance (making sure your response is lawful and fair).

This article explains practical, Australia-focused legal steps you can take to reduce business disruption when industrial action affects trains - from updating workplace policies to handling shift changes, pay issues and customer cancellations in a legally safer way.

What Does “Industrial Action” Mean When It Affects Trains?

In plain terms, industrial action is action taken by employees (often organised by a union) in relation to workplace issues. When we talk about industrial action affecting trains, it usually means rail staff are taking some form of action that reduces, delays or changes train services.

Industrial action can look like:

full stoppages (strikes);
partial bans (e.g. refusing overtime or particular tasks);
work-to-rule actions (where staff only perform minimum required duties, leading to slowdowns);
rolling stoppages or disruptions at certain times/lines.

From a small business perspective, the key issue is often not why the industrial action is happening, but what it does to your operations - and what you’re allowed to do in response.

Even if the disruption is outside your control, your response still needs to fit within:

your employment contracts and workplace policies,
modern awards or enterprise agreements (if applicable), and
the Fair Work Act and general workplace law obligations.

How Do You Prepare Your Business Before Train Disruptions Hit?

When industrial action affecting trains is announced, many businesses jump straight into “crisis mode” (shift coverage, urgent WhatsApp messages, scrambling for replacements). That’s understandable - but it’s also where legal mistakes are most likely to happen.

A better approach is to treat train disruption as a foreseeable operational risk and set up your “ground rules” early.

1. Put A Clear Shift Change And Cancellation Process In Writing

If you regularly need to change rosters because staff can’t get in, it helps to have an internal process that addresses:

how staff should notify you they’ll be late or absent;
when you may change start/finish times;
when shifts can be cancelled (and what notice you will give);
how you will communicate changes (and to whom).

Train disruptions often force last-minute changes, but you should still be mindful of legal obligations around minimum notice for shift changes and the terms in any award or enterprise agreement.

2. Check Your Award/EBA Rules (They Often Decide What You Can Do)

Many employer disputes during disruption periods come down to “we thought we could do that” - but the award says otherwise.

Depending on your industry and workforce, awards and enterprise agreements may set rules about:

minimum notice for roster changes,
minimum shift lengths (especially for part-time employees),
when you can send staff home,
cancellation payments or penalties.

If you’re unsure which award applies, it’s worth getting that sorted, because it affects almost every decision you make when disruption hits.

3. Update (Or Introduce) A Workplace Communications Approach

Industrial action can lead to rapid, frequent updates. To keep things consistent (and reduce disputes later), decide:

who can approve roster changes,
what notice you’ll aim to provide,
how changes are recorded (even if it’s a short email or roster screenshot).

If you want to record calls with staff about shift changes, keep in mind recording laws vary by state - for example, Queensland has specific rules around recording conversations.

Can You Change Rosters Or Cancel Shifts If Staff Can’t Get In Due To Train Industrial Action?

Yes, you can often change rosters or cancel shifts - but the legal risk is in how you do it.

When industrial action affecting trains disrupts staff attendance, you may consider:

delaying the start of a shift (so staff can arrive later),
offering work-from-home (where feasible),
reassigning staff to different locations (if your contracts/policies allow),
reducing staffed hours for the day, or
cancelling shifts entirely.

Shift Cancellations: Pay And Notice Can Still Apply

For casuals in particular, businesses sometimes assume “casual = no notice required.” In reality, notice and cancellation rules can depend on:

the applicable award/EBA,
the terms in the employment contract, and
your usual rostering patterns (and what’s considered reasonable in your circumstances).

If you frequently use casual staff, it’s worth understanding your legal position on minimum notice for cancelling casual shifts and having a consistent policy that aligns with your award obligations.

Shift Changes: “We Only Changed It Because Trains Were Down” Isn’t A Complete Defence

Train disruption is a genuine operational challenge - but it doesn’t automatically override legal obligations about rostering.

If you need to make changes, aim to:

give as much notice as possible (even if it’s short),
communicate in writing where you can, and
apply decisions consistently (to reduce discrimination/adverse action risks).

It can also help to have a written shift cancellation policy so employees understand the process before disruption happens.

What If Employees Are Late Or Absent Because Of Train Disruptions?

When industrial action affecting trains disrupts commuting, you’ll usually see a mix of:

late arrivals,
same-day absences, and
requests to swap shifts or work remotely.

Legally, the right response depends on your business, the employee’s role, and your workplace documents (contract/policies/award).

1. Ask For Notice And Evidence (But Keep It Reasonable)

It’s generally reasonable to require employees to notify you as soon as possible if they can’t attend work on time.

For evidence, you’ll usually want to be practical. In many cases, a screenshot of service disruptions or a brief written explanation may be enough. If the employee calls it “sick leave” (rather than transport disruption), separate rules apply around evidence for personal/carer’s leave.

Where you’re assessing leave requests and evidence standards, it can help to understand what is generally accepted for sick days without a certificate (noting your award or workplace policy may set stricter requirements).

2. Decide Whether The Employee Can Make Up Time

If an employee arrives late due to transport disruption, you might consider:

allowing them to make up time later,
offering an alternative start time,
approving annual leave or unpaid leave for part of the day, or
recording the time as unpaid (depending on your arrangements).

The important thing is consistency and documentation. If you allow one employee to “make up time” but refuse another in similar circumstances, it can create disputes (and, in some cases, discrimination-related issues).

3. Be Careful With Disciplinary Action

If lateness is frequent and unmanaged, performance management might be appropriate - but you should be careful about taking disciplinary steps when the cause is genuinely outside the employee’s control (like widespread rail disruption).

A more defensible approach is to focus on:

communication expectations (notify you early),
reasonable alternative travel options (where possible), and
role-specific flexibility (e.g. remote work where practical).

If you’re considering warnings or termination connected to attendance issues, it’s worth getting advice first, because the facts matter and there can be real legal exposure if it’s mishandled.

How Do You Handle Pay, Leave And Stand Downs During Major Train Disruption?

One of the biggest legal pressure points during industrial action affecting trains is pay. You might be thinking:

Do we have to pay someone who can’t get in?
Can we ask staff to take leave?
Can we stand people down if the business can’t operate?

These are common questions - and the answers depend heavily on your specific situation.

If Staff Can’t Attend Work, Are You Required To Pay Them?

Often, if an employee can’t attend work due to transport disruption, they may not be entitled to be paid for the time they didn’t work - but this can turn on whether the employee was ready, willing and able to work, whether alternative duties (including working from home) are available, and what the Fair Work Act, any applicable award/EBA, and the employment contract require.

However, avoid “automatic deductions” without checking your arrangements. For example, if you are considering deductions or set-offs, you need to be very careful about rules on withholding pay from employees, because unlawful deductions can create significant risk.

Can You Direct Employees To Take Annual Leave?

In some workplaces, employers can direct annual leave in certain circumstances (for example, where an award or enterprise agreement permits it, or where a direction is lawful and reasonable). But it’s not a blanket right, and you’ll generally need to check what applies to your workforce.

If your business is considering directing leave because you can’t operate normally during train disruption, it’s important to check:

your award/EBA rules,
employment contract terms, and
whether the direction is “reasonable”.

Can You Stand Employees Down?

Stand down is a specific legal concept under the Fair Work Act (and sometimes enterprise agreements). It may apply in limited situations where there is a stoppage of work and employees cannot be usefully employed because of causes outside the employer’s control. It is not something to use casually, and it won’t apply in every case just because trains are disrupted or some staff can’t attend.

If you’re considering stand down because staff can’t get to work or because you can’t run operations, it’s important to get advice on whether your situation meets the legal threshold.

What About Customer Cancellations, Delays And Refunds When Trains Are Disrupted?

Industrial action affecting trains doesn’t only affect your team - it often affects your customers too. For customer-facing businesses, you might see:

late arrivals to appointments,
no-shows,
last-minute cancellations,
requests to reschedule without fees.

This is where your customer terms, cancellation policy and compliance with Australian Consumer Law (ACL) become critical.

1. Make Sure Your Cancellation Policy Is Clear And Not “Unfair”

A common mistake is relying on a short sentence on your website or a sign at the counter that says “no refunds” or “cancellation fees apply.” If your terms are unclear, inconsistent, or overly harsh, they can create disputes - and in some cases, regulatory risk.

A well-drafted policy should explain:

how much notice customers must give,
what fees apply (and when),
what happens in “exceptional circumstances”, and
how rescheduling works.

It also needs to align with the ACL, including consumer guarantees, unfair contract terms (where applicable), and how you communicate refunds, credits and rescheduling options. Avoid blanket “no refund” statements that could be misleading or inconsistent with the ACL.

2. Use Strong Terms And Conditions (Especially If You Take Online Bookings)

If customers book appointments, classes or services online, your Terms & Conditions should cover disruptions clearly - including what happens if the customer can’t attend due to transport issues and what happens if you need to change scheduling due to staffing shortages.

Also, if you collect customer personal information through your booking system (names, phone numbers, emails), you should have a compliant Privacy Policy and data handling approach.

3. Avoid Misleading Communications During Disruption Periods

If you’re advertising “open as usual” or “same-day service guaranteed” during train disruption, be careful. If you can’t realistically deliver, you can expose your business to misleading or deceptive conduct issues under the ACL.

A safer approach is transparent messaging, like updated service hours, alternative booking options, and clear lead times.

Key Takeaways

Disruption from industrial action affecting trains can create real legal and operational pressure for small businesses, especially around rostering, attendance, and customer cancellations.
Before disruption hits, it’s worth setting up clear processes for shift changes, shift cancellations, and employee communication - and making sure your approach aligns with any awards or enterprise agreements.
If employees are late or absent due to train disruptions, focus on consistent expectations (early notice, reasonable evidence, and documented decisions) rather than reactive disciplinary action.
Pay decisions during disruption periods need to be handled carefully - particularly around deductions, unpaid time, leave requests, and any potential stand down arrangements.
Customer-facing businesses should review their terms, cancellation policies and consumer law compliance so they can respond consistently when customers can’t attend due to train disruptions.
Having the right contracts and policies in place early reduces disputes and helps you respond quickly when disruptions happen.

If you’d like a consultation on managing train disruption and industrial action impacts on your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Industrial Action Disrupting Trains: Legal Steps To Reduce Business Impact