BHP and the Combined BHP Ports Union (CBPU) will engage in Fair Work Commission-facilitated (FWC) contract negotiations on 25 August, despite the company’s removal of organisers from its Port Hedland Export Terminal on 20 August.
CBPU – a coalition of four unions – has not notified BHP of any upcoming strike plans, a union spokesperson told Lithos early on 24 August.
Unionised maintenance and production workers at BHP’s Port Hedland terminal can launch an unlimited number of consecutive work stoppages under strike authorisations passed in June-July. They launched two rounds of stoppages in July-August, but did not substantially disrupt ship loadings.
“[BHP’s] focus remains on reaching a fair and reasonable agreement, which is why we have offered a 16% pay increase for most of our port employees over [four years, plus] increases to some allowances,” a company spokesperson told Lithos on 24 August.
“We remain committed to bargaining in good faith and believe all parties engaging through the [FWC] is the best way to reach a fair and reasonable agreement,” the spokesperson added.
BHP and CBPU’s negotiations come less than a week after the company removed three union organisers from its Port Hedland Export Terminal, and allegedly restricted CBPU’s access to the site.
On 20 August, BHP staff allegedly used security guards to non-forcefully remove union organisers from the terminal because they declined to sit down at a standing-room only meeting, according to CBPU. The organisers did not have a surface to sit on, CBPU said on 21 August.
“Anyone entering a BHP site is required to comply with site rules. Aggressive behaviour is never tolerated in our workplaces,” a BHP spokesperson told Lithos on 24 August. “In the interests of maintaining a safe and respectful workplace, we have a responsibility to uphold standards of behaviour which are respectful of everyone on site,” the spokesperson added.
CBPU plans to take legal action against BHP over the removals later this week, a union spokesperson told Lithos on 24 August.
“The decision of BHP management to use security guards to [remove] workers’ elected representatives is a flagrant breach of the Fair Work Act, and of International Labor Organization conventions on freedom of association,” Electrical Trades Union Western Australia Secretary Adam Woodage said on 21 August.
BHP and CBPU have been locked in negotiations over an enterprise agreement for over seven months. The two groups have held at least 12 bargaining sessions – including multiple FWC-mediated sessions – but disagree over wage, job classification, employment progression, and working condition proposals.
BHP and CBPU have made progress in recent meetings, without reaching an agreement, Lithos understands.
By Avinash Govind