BMA asset president Steve Dumble said it had agreed in principle to a large number of outstanding issues but key issues remained where the business was unable to agree to union demands.

He said the issues were largely items that would limit BMA’s ability to manage its business effectively and would therefore impact its future competitiveness.

“BMA has agreed to retain existing union arrangements but will not agree to extend them, nor agree to have management discretion impacted,” he said.

“We cannot create a larger, more competitive business if we agree to these additional demands.”

BMA wants workers who are provided the opportunity to step up to perform supervisor roles to be formally recognised in the EA which is a sticking point with unions.

Unions are seeking to extend demarcation by, for example, mandating a preference for training to be given to EA-covered employees, ahead of others.

It would curtail BMA’s ability to determine and manage training priorities.

The unions are also seeking to be involved in the induction of new employees.

“BMA will continue to bargain in good faith with unions until all terms are agreed,” Dumble said.

“But bargaining does not mean giving in to all union demands, particularly where those demands undermine long-term competitiveness.”

BMA’s preference is to have another employee ballot on the company’s proposed agreement to take place as soon as possible.

The Construction Forestry Mining and Energy Union said it was “deeply disappointed BHP has refused to back down on major issues”

It said it was troubled by the company’s refusal to budge on housing and accommodation arrangements, site schedules, safety official coverage and workers’ rights of representation.

CFMEU Queensland district president Stephen Smyth said the union would next week take the latest draft proposal to its members to seek direction.

“We believe we have made real progress during these talks but there are still some very important outstanding matters for our members to consider,” he said.

“The workers will still be seeking satisfactory outcomes on housing and accommodation arrangements, site schedules and their rights of representation and for natural justice within the workplace.

“The union is also frustrated by the companyʼs continued demand to remove critical safety officials from the coverage of the agreement.

“Regardless of how much progress we’ve made, there is still the likelihood that BHP will go ahead with another vote of the workforce over the coming weeks to meet their bargaining timeframe.

“This could also prompt the lifting of an industrial action ceasefire brokered late last year.”