Union busting at BHP Billiton Mitsubishi Alliance

Placards reading “Stop WorkChoices on Water” and chants of “Sweet FA, BMA” accompanied the occupation of BHP Billiton Mitsubishi Alliance’s (BMA) office in Brisbane on 26 April. BMA is the largest coking coal operator in the world.

The occupation was the latest union action in response to the sacking of the entire tug workforce at the Hay Point Coal terminal (near Mackay) in June 2016. BMA replaced its previous operator and awarded the tug contract to Rivtow Marine, which has hired a new workforce on individual agreements. Under these so-called partnership agreements, Rivtow’s employees are not covered by the Fair Work Act. “BMA just introduced the partnership agreements to get the unions out of the workplace”, Lawrie, a retired seafarer, said.

Rivtow has operated non-union tug crews out of Port Hedland since November 2015, in competition with the MUA unionised contractor. In an interview with the Daily Mercury, MUA Queensland secretary Bob Carnegie explained how they work: “All workers employed by Rivtow are not employees but are considered trustees of a partnership … and so don’t get any entitlements such as long service leave, sick leave or workers compensation”.

The union says that the partnership agreements are a form of sham contracting in which the employer disguises the employment relationship by calling employees independent contractors. Rivtow’s arrangements have received support from the bosses’ court. In April 2016 the Fair Work Commission ruled that the partnership agreements were not sham contracting.

Dan, a CFMEU delegate, said he was at the BMA occupation in solidarity with MUA members because “these partnership agreements are bad for unionised industry … it’s just the start, they’ll try and introduce them into other industries”.

Shell is already looking into the Rivtow model to bring in non-union boats to service its floating liquid natural gas processor off the coast of Queensland.