Union strikers defiant after BHP takes crucial Port Hedland dispute to the Fair Work Commission

Unions have vowed not to allow the national workplace umpire to derail planned strikes at BHP’s sole Western Australian iron ore port on Thursday, as they launch a final recruitment blitz ahead of the historic industrial action. The mining giant’s application to the Fair Work Commission was revealed as Roger Cook’s new Minister for Mines, Petroleum and Exploration was being sworn-in at Government House on Monday. Daniel Pastorelli’s first foray into the industrial fight was to call for a “practical solution”, but he didn’t say what that would look like. So far, Labor is refusing to use its party links to influence the union powerbrokers involved — as time runs out to avert the stoppage. “We want to make sure that they come to an outcome as soon as possible,” Mr Pastorelli said. He refused to say whether he believes some workers are being underpaid. “I think the workers do an incredible job. Especially the workers on those FIFO swings, it’s a hard slog, and so they should be rewarded properly,” Mr Pastorelli said. “So we ask and we hope that they can come together and find a practical solution.” The majority of those striking on Thursday, about 80 per cent by the unions’ calculations, are not FIFO workers and instead live locally around Port Hedland. BHP applied late last week for the Fair Work Commission to arbitrate its dispute with a three-union coalition at the mining giant’s crucial Port Hedland export hub. Almost 200 BHP employees aligned with the Australian Workers’ Union, the Australian Manufacturing Workers’ Union and the Electrical Trades Union are scheduled to down tools for eight consecutive hours on Thursday. The stakes are high for WA, with estimates that any strike that halts port operations in Port Hedland could cost the State Government $6.8 million per day in lost royalty revenue. AMWU boss Steve McCartney and AWU secretary Brad Gandy both sit on WA Labor’s 14-member administration committee, alongside Roger Cook — but a senior party source said that forum is strictly for party matters and not for broader policy discussion. The Premier last week insisted he has “neither stick nor carrot” to intervene. “I meet with them all regularly, and I always encourage them to to do the best for their workers and to reach agreements with their employers,” Mr Cook said on Friday. “We want our industries to be productive and profitable, and so we want them to negotiate.” All three unions involved pay affiliate fees to WA Labor. Mr McCartney was last week at the centre of factional fighting over a Cabinet reshuffle, that saw Mr Pastorelli promoted ahead of the AMWU’s chosen candidate Divina D’Anna. Opposition Leader Basil Zempilas has since called for Mr Pastorelli to intervene by getting the strike called off. “I hope he will do what the Premier has been unable to do, and that is stand up to the unions,” Mr Zempilas said. “It is too disruptive for WA, too disruptive for WA, to have people off the job on Thursday.” The State Government argues the mine workers fall under the national industrial relations regime, while the Albanese Government has also said it won’t interfere. “We encourage all parties to negotiate in good faith, resolve issues as quickly as possible and use the assistance of the Fair Work Commission to reach agreement,” a Federal Government spokesperson said. The historic stoppage —WA’s first major iron ore strike since the 1990s — has sparked industry anxiety that a union victory against BHP could ignite a contagion of similar disputes across the resources sector. A BHP spokesman said the company had sought the FWC’s assistance to secure an agreement that is “fair, competitive and reasonable.” “We have had eight separate meetings with bargaining representatives and have tabled a draft agreement which includes a 16 per cent pay increase over four years for the majority of employees, improved allowances, and simplified pay structures,” he said. “Union claims that there has been no progress in bargaining are inaccurate. We will put the bargaining in front of the independent umpire to help dispel any myths about progress.” While the FWC cannot legally block the protected strikes, it could urge the unions to defer industrial action while formal bargaining continues. However, an AMWU spokeswoman confirmed the strike plans would remain unaffected by BHP’s application. The ETU adopted a sharper tone, claiming on social media that BHP was running to the commission “like a rat up a drainpipe” to avoid direct negotiations. Industry leaders laid blame squarely at the union leaders. “Unions should call off this strike and go back to the negotiating table,” Chamber of Minerals and Energy WA chief executive Aaron Morey said. “When unions shut down the Pilbara, Australia pays and our competitors prosper. Every day the Pilbara is disrupted is another invitation for investment to go elsewhere.” ETU WA secretary Adam Woodage in response took a swing at Mr Morey’s CME. “Industrial action was notified after months of deliberate stonewalling by BHP. This is something the CME would know if they had been present for any part of those negotiations,” he said. Prospects of averting the shutdown rest on a meeting tomorrow between BHP and union delegates. A late breakthrough appears unlikely, with unions signalling last week that the two sides remain deeply divided. Instead, the unions are ramping up preparations. AWU and Mining and Energy Union organisers finalised plans on Monday to deploy officials to Port Hedland on the eve of the stoppage, it can be revealed. The AWU and MEU then plan to return back to BHP’s Port Hedland hub a day after the strikes, suggesting that another round of significant industrial action could soon be on the cards. CME estimates a total export halt caused by union action could cost BHP upwards of $120 million a day in revenue. Iron ore is WA’s number one export.