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
