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.
