BHP Billiton and CMFEU working towards a resolution

A $2.4 MILLION compensation claim against Queensland's largest coal mining union from BHP Billiton, detailed in court documents submitted late last year, appears to moving towards a resolution.

The Construction Forestry Mining and Energy Union and a safety officer were accused of misusing their power to shut down 10 Central Queensland mines in 2010.

These allegations were made against the CFMEU by BHP Billiton Mitsubishi Alliance at the height of an industrial relations dispute over the impending enterprise agreement, a dispute that only began to ease in early July.

In the almost 12 months since the first application was filed in December 2011, both sides have reportedly entered negotiations.

The sides were due to face Federal Court on October 15, but this was postponed as discussions continued.

A staff ballot at BMA mines on this revised enterprise agreement began on Monday and is due to wrap up on Saturday with a result expected soon after.

An acceptance of the conditions by workers would end a two-year fight between both the miner and its workers.

The CFMEU declined to comment on either the court case or the enterprise agreement because a self-imposed media blackout from both sides was imposed when enterprise discussions delivered an early framework agreement.

A BMA spokeswoman would not discuss the worker ballot but told APN the company was now "in amicable discussions" to resolve the legal action it posed against the CFMEU.

"BMA and the CFMEU are in discussions to resolve this matter in the near future and are due to report back to court on November 1 to advise progress in this regard."