Day 142 - 26 Jun 95 - Page 58


     
     1        one, which is to point out where you have an allegation
     2        about Brisbane in the 70s in either your pleadings or a
     3        statement.
     4
     5   MR. MORRIS:  We have a general allegation that McDonald's was
     6        hostile to trade unions in Australia.  For example, in
     7        Michael Bowland's statement he says: "The clear position
     8        acknowledged by unions in Australia is that McDonald's are
     9        anti-union.  Therefore, there is fear of employees, mostly
    10        young people, to joining in a union."  There is a whole
    11        range of matters which are dealt with in his statement and
    12        by Nancy Leahy in her statement.
    13
    14   MR. JUSTICE BELL:  Put the one, if there is one, in relation to
    15        Brisbane in or around 1977 at the time that the Governor
    16        General removed Mr. Whitlom as Prime Minister.  What you
    17        cannot do is just ask if there was some kind of labour
    18        dispute and what it was, because that does fall foul of the
    19        fishing rule.
    20
    21   MR. MORRIS:  With respect, I think it is not fishing to enquire
    22        into labour disputes in Australia that a witness has
    23        recognised exists to find out the details of it to see if
    24        the same complaints which are made in different areas are
    25        general complaints, whether territorially within Australia
    26        or over a period of a decade or whatever.
    27
    28   MR. JUSTICE BELL:  Unless you can point me to a specific
    29        allegation in relation not just -- Brisbane may be too
    30        narrow, but Queensland anyway at or about this time, I am
    31        not going to allow you to ask the question.  It has to be
    32        something which is either pleaded or in the statement.
    33        Saying that there are labour disputes is far too wide.  You
    34        can make an allegation that McDonald's had labour disputes
    35        somewhere in the world, anywhere in the world, between 1970
    36        and 1990 and if that, according to what you are trying to
    37        do now, would enable you to ask questions whether there
    38        were any and what the details were.  It is far too wide.
    39
    40   MR. MORRIS:  In paragraph 47 it says: "During the 1980s
    41        McDonald's were hostile to union campaigns, particularly
    42        over youth rates of pay."  Then it has one specific example
    43        in Canberra which in fact was in 1979.
    44
    45   MR. JUSTICE BELL:  Well, put Canberra then, but that is not
    46        Brisbane.
    47
    48   MR. MORRIS:  My understanding is that is an example of something
    49        that was happening.
    50 
    51   MR. JUSTICE BELL:  If you pleaded other examples or there were 
    52        other examples of McDonald's being hostile to union 
    53        campaigns or disputes over youth rates of pay, if you
    54        either pleaded other specific ones or other specific ones
    55        appear in the witness statement, guide me to that and you
    56        may ask with it.  But whether or not it is in the 70s or
    57        80s, the first sentence of subparagraph M does not entitle
    58        you just to make enquiries about whether there were
    59        disputes and, if so, where and what were the circumstances.
    60

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