Day 199 - 11 Dec 95 - Page 14


     
     1        every three adults in a section of the industry and be paid
     2        junior rates.' The union had interpreted that the above
     3        provision applied equally to full-time and casual
     4        employees.
     5
     6        On or about 1979 McDonald's closed the two ACT restaurants
     7        alleging that it was too costly to operate the accounts if
     8        they had to abide by the provisions of the award,
     9        especially in respect to wage rates for junior employees
    10        and the ratio of juniors to adults.  A dispute also existed
    11        between McDonald's and the union over a wage claim for a
    12        Manager named Lawrence Hodder.  It was arising out of this
    13        dispute that the union discovered that McDonald's were not
    14        abiding by the award and, therefore, insisted that the
    15        award should be abided by.
    16
    17        Approximately 12 months after closing the two ACT
    18        restaurants the restaurants were re-opened under franchise
    19        to an ex-manage of a McDonald's restaurant and efforts at
    20        the time to identify what registered company was the
    21        employer was unsuccessful.  The franchisee, the ex-manager,
    22        a Mr. John Foster, continued to ignore the union's
    23        interpretation of the award provision in respect to
    24        employment of juniors and, therefore, the union alleged
    25        continued to underpay its employees.  That matter was never
    26        resolved.
    27
    28        One of the reasons for failure to resolve the issue was
    29        lack of union membership at the restaurants and, therefore,
    30        no member that the union could pursue a claim for.
    31
    32        That there has been continued complaints about McDonald's
    33        Restaurants exploiting young people and when they reach 17
    34        or 18 years of age for some reason they are no longer
    35        employed.  In response to those complaints action was taken
    36        by Building Unions on or about 1980 to stop or curtail the
    37        building of new McDonald's restaurants in Melbourne.  That
    38        action was discontinued arising out of a threat by
    39        McDonald's to prosecute the unions under very Draconian
    40        secondary boycott laws in Australia.
    41
    42        That the clear position acknowledged by unions in Australia
    43        is that McDonald's are anti-union and, therefore, there is
    44        a fear of employees mostly young people to joining the
    45        union.
    46
    47        That in a recent arbitration case to eliminate higher
    48        weekend payments and shift payment in the state of Victoria
    49        McDonald's were one of the principal employers who were
    50        pressing for such elimination. 
    51 
    52        Attached is some leaflets distributed by our Victorian 
    53        branch during the case.  The union succeeded in this case.
    54        However, the new Victorian government eliminated all
    55        awards."
    56
    57        Signed Michael Boland, Joint National Secretary, 23rd July
    58        1993.  Behind the statement are the union bulletins with
    59        details about the dispute between McDonald's and the
    60        union.

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