Day 199 - 11 Dec 95 - Page 13


     
     1                        (The witness withdrew)
     2
     3   MS. STEEL:   We were going to suggest that, perhaps, we read the
     4        statements of Mr. Boland and Mr. Cantor.
     5
     6   MR. JUSTICE BELL:  Yes.  There were about three of them, were
     7        there not, two or three of them?  Have you spare copies now
     8        so that the stenographers can have them?
     9
    10   MS. STEEL:  I do not have a spare copy at all.
    11
    12   MR. JUSTICE BELL:  What I would like you to do is read them
    13        absolutely verbatim now and then at some stage in the
    14        fairly immediate future hand in a copy.
    15
    16   MS. STEEL:  Yes.
    17
    18   MR. JUSTICE BELL:  Who are you going to start with?
    19
    20   MS. STEEL:  I will start with Mr. Boland in tab 7.
    21
    22        "Royal Courts of Justice in matter McDonald's v. Steel and
    23        Morris.  Statement of Michael Boland of 117 Leicester
    24        Street, Fitzroy, Victoria 3065, Australia.
    25
    26        "I, Michael Boland, make the following statement:  That
    27        I am the joint National secretary of the Australian Liquor
    28        Hospitality and Miscellaneous Workers Union (LHMU) and I am
    29        also the General Secretary of the Liquor and Hospitality
    30        Division of the LHMU.
    31
    32        That the Australian Liquor Hospitality and Miscellaneous
    33        Workers Union is an amalgamation of the Federation Liquor
    34        and Allied Industries Employees Union of Australia and the
    35        Federated Miscellaneous Workers Union effective from 3rd
    36        August 1992.
    37
    38        That prior to 3rd August 1992 I held the position of
    39        General Secretary of the Federated Liquor and Allied
    40        Industries Employees Union of Australia (FLAIEU) a position
    41        I continuously held since April 1978.
    42
    43        That the position of General Secretary of the FLAIEU and
    44        the General Secretary of the Liquor and Hospitality
    45        division of the LHMU are national positions.
    46
    47        That some of the McDonald's Restaurants come within the
    48        area of industrial coverage of the Liquor and Hospitality
    49        Division of the LHMU and its predecessor the FLAIEU and
    50        McDonald's Restaurants in those areas were and or are 
    51        covered by industrial awards to which this union is also a 
    52        party.  McDonald's operated two restaurants in the 
    53        Australian capital territory (ACT) and prior to 1992 those
    54        restaurants were covered by the provision of the Liquor and
    55        Allied Industries Catering Cafe Restaurants, etc., ACT
    56        consolidated award 1979 (the award).  This industrial award
    57        document covered wages and conditions of employees.
    58
    59        The award had restrictions on employment of juniors with
    60        one such restriction being 'one junior may be employed to

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