The Australian Mines and Metals Association said it would accept a return to the old no-disadvantage test, which was scrapped under Work Choices, if it helped keep individual contracts in place.

Despite her consistent pledges to erase any statutory individual contracts, Labor industrial relations spokeswoman Julia Gillard did not reject the offer out of hand last night, saying she would discuss the plan.

AMMA chief executive Steve Knott said his association would be prepared to accept a return to the test, which ensures that workers cannot be worse off under an individual contract than they would be under the equivalent award.

"One proviso — that the award base doesn't get beefed up by ambit claims from unions and so forth," he told the ABC.

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