Day 142 - 26 Jun 95 - Page 56
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2 MR. RAMPTON: My Lord, can we please be referred to the passage
3 in the Abstract?
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5 MR. MORRIS: No. It is in the statement.
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7 MR. RAMPTON: Can you tell me which statement?
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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?
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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.
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17 MR. RAMPTON: My Lord, it is B7 of volume 2.
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19 MR. MORRIS: Do you know about the case ----
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21 MR. JUSTICE BELL: Which paragraph do you have in mind?
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23 MR. MORRIS: It is paragraph 15.
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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.
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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.
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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 ----
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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
