Day 142 - 26 Jun 95 - Page 56


     
     1
     2   MR. RAMPTON:  My Lord, can we please be referred to the passage
     3        in the Abstract?
     4
     5   MR. MORRIS:  No.  It is in the statement.
     6
     7   MR. RAMPTON:  Can you tell me which statement?
     8
     9   MR. MORRIS:  It is in the statement of Michael Bowland, our
    10        witness, who is the Joint National Secretary of the
    11        National Workers Union, Australia.
    12        A.  What volume would that be in?  Which book?
    13
    14   Q.   I was going to ask you about it.  You do not have to look
    15        at it.  It is a Civil Evidence Act Notice.
    16
    17   MR. RAMPTON:  My Lord, it is B7 of volume 2.
    18
    19   MR. MORRIS:  Do you know about the case ----
    20
    21   MR. JUSTICE BELL:  Which paragraph do you have in mind?
    22
    23   MR. MORRIS:  It is paragraph 15.
    24
    25   MR. JUSTICE BELL:  Put the effect of it to Mr. Stein.  I do not
    26        think he need see the statement unless he wants to.
    27
    28   MR. MORRIS:  That McDonald's were one of a group of employers
    29        who were pressing in an arbitration case to eliminate
    30        higher weekend payments and shift payments in the State of
    31        Victoria.  This would have been about 1993.
    32        A.  I do not know of 1993.  I understand enough about the
    33        award system in Australia to comment that it sounds, and
    34        I am only guessing, to me that these would be matters
    35        before the labour court in Australia dealing with award
    36        determinations which is part of their system.  My Lord, my
    37        general knowledge of Australia is that employers are
    38        obligated to work under an award system where an
    39        association has worked out with the unions what I would
    40        consider to be like full terms and conditions of
    41        employment, or there is a private direct contract with the
    42        union.  What I am hearing sounds like award proceedings
    43        before a labour court.  Just to move this along, that would
    44        be the impression I have.
    45
    46   MR. JUSTICE BELL:  What are award proceedings?  What sort of
    47        decision does the labour court come to?
    48        A.  The labour court where there is a ----
    49
    50   Q.   Let me say what I think the topic is.  There was a move to 
    51        eliminate higher payments for weekends and for shifts in 
    52        Victoria? 
    53        A.  My Lord, my understanding and what I experienced when
    54        I was in New South Wales during the mid-70s was that if the
    55        association and the unions could not agree, their terms get
    56        very specific into areas like you were mentioning, if the
    57        two parties cannot agree there are then submissions to the
    58        labour court, if you will.  Then the labour court makes the
    59        decision as to the kinds of things should be that you are
    60        suggesting.  That is my understanding in general of

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