Day 199 - 11 Dec 95 - Page 13
1 (The witness withdrew)
2
3 MS. STEEL: We were going to suggest that, perhaps, we read the
4 statements of Mr. Boland and Mr. Cantor.
5
6 MR. JUSTICE BELL: Yes. There were about three of them, were
7 there not, two or three of them? Have you spare copies now
8 so that the stenographers can have them?
9
10 MS. STEEL: I do not have a spare copy at all.
11
12 MR. JUSTICE BELL: What I would like you to do is read them
13 absolutely verbatim now and then at some stage in the
14 fairly immediate future hand in a copy.
15
16 MS. STEEL: Yes.
17
18 MR. JUSTICE BELL: Who are you going to start with?
19
20 MS. STEEL: I will start with Mr. Boland in tab 7.
21
22 "Royal Courts of Justice in matter McDonald's v. Steel and
23 Morris. Statement of Michael Boland of 117 Leicester
24 Street, Fitzroy, Victoria 3065, Australia.
25
26 "I, Michael Boland, make the following statement: That
27 I am the joint National secretary of the Australian Liquor
28 Hospitality and Miscellaneous Workers Union (LHMU) and I am
29 also the General Secretary of the Liquor and Hospitality
30 Division of the LHMU.
31
32 That the Australian Liquor Hospitality and Miscellaneous
33 Workers Union is an amalgamation of the Federation Liquor
34 and Allied Industries Employees Union of Australia and the
35 Federated Miscellaneous Workers Union effective from 3rd
36 August 1992.
37
38 That prior to 3rd August 1992 I held the position of
39 General Secretary of the Federated Liquor and Allied
40 Industries Employees Union of Australia (FLAIEU) a position
41 I continuously held since April 1978.
42
43 That the position of General Secretary of the FLAIEU and
44 the General Secretary of the Liquor and Hospitality
45 division of the LHMU are national positions.
46
47 That some of the McDonald's Restaurants come within the
48 area of industrial coverage of the Liquor and Hospitality
49 Division of the LHMU and its predecessor the FLAIEU and
50 McDonald's Restaurants in those areas were and or are
51 covered by industrial awards to which this union is also a
52 party. McDonald's operated two restaurants in the
53 Australian capital territory (ACT) and prior to 1992 those
54 restaurants were covered by the provision of the Liquor and
55 Allied Industries Catering Cafe Restaurants, etc., ACT
56 consolidated award 1979 (the award). This industrial award
57 document covered wages and conditions of employees.
58
59 The award had restrictions on employment of juniors with
60 one such restriction being 'one junior may be employed to
