Day 142 - 26 Jun 95 - Page 59


     
     1   MR. MORRIS:  Well, Nancy Leahy says restaurants in Canberra
     2        opened in 1976.
     3
     4   MR. JUSTICE BELL:  Yes, I do not mind you asking about Canberra.
     5
     6   MR. MORRIS:  What I am pointing out is that when it says "1980s"
     7        it could quite reasonably say "from the mid-70s".
     8
     9   MR. JUSTICE BELL:  I am not concerned with that at the moment.
    10        I am concerned that you have not yet been able to refer me
    11        to any reference to Brisbane or Queensland in this context.
    12
    13   MR. MORRIS:  You are aware that in Canberra, Mr. Stein, there
    14        were disputes over youth rates of pay?
    15        A.  No, I am not aware of that.
    16
    17   Q.   You are not aware?
    18        A.  No.
    19
    20   Q.   Are you aware there were disputes over youth rates of pay
    21        generally in Australia?
    22
    23   MR. RAMPTON:  My Lord, I am sorry, I make the same objection.
    24        Mr. Morris really does not seem to listen to what your
    25        Lordship's rulings are.  I believe the effect of what your
    26        Lordship has just said is that you cannot by pleading in
    27        generality open a full-range enquiry until you have
    28        specified particular examples upon which you rely.
    29        Canberra is the only one.
    30
    31   MR. JUSTICE BELL:  What I am saying, Mr. Morris, is that the
    32        first sentence of M does not, in my view, entitle you to
    33        ask Mr. Stein -- please listen to me and then talk about it
    34        with Ms. Steel -- does not entitle you just to go searching
    35        with Mr. Stein whether there were disputes somewhere which
    36        might fit the bill of the first sentence of M.
    37
    38   MR. MORRIS:  It is our reasonable belief encapsulated in that
    39        first sentence that McDonald's were hostile to union
    40        campaigns, particularly over youth rates of pay from the
    41        mid to late 70s onwards for over a decade in Australia.
    42        There is one particular pleaded example of Canberra, but we
    43        believe quite reasonably that this was part of a pattern.
    44
    45   MR. JUSTICE BELL:  Where is your basis for other ones?  You have
    46        pleaded Canberra, but what is your basis for them being
    47        elsewhere?
    48
    49   MR. MORRIS:  Because all the ----
    50 
    51   MR. JUSTICE BELL:  I am going to cut through this whatever the 
    52        technicality of it is.  Mr. Stein, do you know anything 
    53        about disputes in Australia over youth rates of pay in the
    54        1970s or 1980s?
    55        A.  No, I do not, my Lord.  To make sure there is no
    56        confusion, the only thing that I am aware of are award
    57        proceedings in New South Wales.  Rates of pay could be
    58        included in those award proceedings.  That was not the
    59        issues that I was aware of.  There was nothing elsewhere
    60        that I was aware of.  I was not aware of anything

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