BHP Billiton chief executive Marius Kloppers has blamed complex Labor workplace laws for creating the conditions for current strike action at the company's coal operations.

Workers have been on strike this week at BHP's Port Kembla coal terminal after talks broke down on a new workplace agreement.

Mining unions have also flagged industrial action and a possible strike at the BHP Billiton Mitsubishi Alliance in Queensland's Bowen Basin.

BHP has described the dispute as the union seeking "productivity destroying arrangements".

The Construction, Forestry, Mining and Energy Union said that workers are being bullied into being rostered on for multiple 12 hour night shifts that create fatigue and have job security and safety issues.

It wants union delegates to be appointed safety officers because it said that BHP's safety record is poor. However, management wants to appoint whoever it deems best suited for health and safety roles.

Workers have been warned their jobs are at risk if they strike.

Mr Kloppers said the current Fair Work Act made it difficult to negotiate with unions because more claims could be put on the table beyond just benefits and pay.

He said that "What we see in our experience around the world and in various places is that those places where essentially negotiations go around workers' benefits and pay, normally you reach agreement in a facile manner.”

"With changes in law, with things like prohibited content, the number of issues that can be put on the table which don't only govern benefits and pay but extend to all manner of other things just makes it more difficult and makes it less likely that people reach an agreement."

Mr Kloppers blamed industrial action for partly contributing to underperformance by its copper and coal divisions in 2011.

(Sourced from AAP)