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
