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«COMMERCIAL RADIO INQUIRY Report of the Australian Broadcasting Authority Hearing into Radio 2UE Sydney Pty Limited February 2000 Sydney ISBN 0 642 ...»

-- [ Page 30 ] --

But this is a nail in the coffin for apprenticeships. At the end of the day what Qantas did or did not do is not necessarily germane to the issue. What they did do above all else is train young QAN.0008.0075 QAN.0008.0075 people for employability. They might not have offered them jobs but they certainly gave them the wherewithal to get jobs elsewhere.

Apprenticeships, these days are as scarce as hen’s teeth. Are companies, now, going to be offering apprenticeships when they could be forced by the Industrial Relations Commission to take these young people on in employment at the end of the indenture, whether or not there are jobs? It seems to me a remarkable ruling and it does seem quite extraordinary that such a sensitive matter was handled in the Industrial Relations Commission by Mr Ian Ross, as I said, a former union heavy weight.710 2UE’s Submission to the Hearing In addition to the general submissions made by 2UE, 2UE also made the following

submission in relation to this broadcast:

One of the factors which may limit the scope and nature of the alleged assumption of disinterestedness (assuming it to exist) is the extent to which the announcer may have become associated in the public mind with the third party because of the announcer’s participation in a campaign of live read advertising. Mr Jones performed a significant number of live read advertisements for QANTAS over a period of years.711 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on political, social and economic issues of relevance to the community.

The Panel finds the available fact of Mr Jones commercial agreement with Qantas was withheld. The existence of Mr Jones’ commercial agreement with Qantas was not disclosed in the broadcast.

The Panel finds that this available fact was relevant because:

♦ Mr Jones is defending Qantas and the course of action taken by the company. Mr Jones challenged the decision by the Industrial Relations Commission and the appropriateness of the appointment of Mr Iain Ross to hear the case. Mr Jones says ‘it does seem quite extraordinary that such a sensitive matter was handled in the Industrial Relations Commission by Mr Iain Ross, as I said, a former union heavy weight’;712 ♦ the broadcast was favourable to Qantas. Mr Jones says ‘Now, Qantas, I think, have a very strong point here’;713 and ♦ the issue was of concern to Qantas. In a letter from Mr Shirley to Mr Laws (to whom this information was sent), Mr Shirley says that this ‘decision is the biggest single threat to apprenticeship training since the war’.714 The Panel notes 2UE’s submission that an extensive live read campaign for Qantas read by Mr Jones may have caused him to become associated with Qantas in the minds of listeners.

However, clause 3.1(a) provides that advertisements must not be presented as news QAN.0008.0083 Submission made by 2UE – Alan Jones Broadcasts – Breach of Clause 2.2(d) of Code of Practice 2, C2 QAN.0008.0083 QAN.0008.0083 QAN.0008.0072 programs or other programs. To the extent that the presentation of any live read advertisement is capable of causing confusion in listeners’ minds with the editorial comment of Mr Jones, the Panel would be concerned that those live read advertisements may have breached clause 3.1(a).

The Panel therefore does not accept the submission of 2UE in this regard.

The Panel finds that, in the presentation of a current affairs program, Mr Jones presented material in a misleading manner by withholding a relevant available fact, namely the existence of a commercial relationship between himself and Qantas.

The Panel finds 2UE to be in breach of clause 2.2(d) of the Codes.

‘OPEN SKIES’ AVIATION POLICY, 18 FEBRUARY 1999 Material prepared by Mr Jones

A Script prepared by Mr Jones entitled ‘TV/Open Skies’, dated 18 February 1999 reads:

I can’t think of the number of times recently I have read about moves to what is being called a de-regulated open skies aviation system in Australia.

Federal Cabinet is preparing to debate a productivity commission report, which, we are told, is calling for Australia to follow the United States and New Zealand in negotiating bilateral open skies.

We are told this will give international airlines unfettered access to Australia.

What do they say in that funny Australian movie The Castle, ‘they’re dreamin’!’… As things stand, these foreign airlines are banned from carrying domestic passengers within Australia.

–  –  –

Whatever the productivity commission report might say, let’s be blunt.

The United States has not opened domestic flying to foreign airlines … Indeed, no country with a domestic market of any significance has granted domestic access to international airlines.

–  –  –

If foreign carriers want domestic access to our skies, then there is a simple way to achieve it.

Grant the same rights to Australian carriers overseas.

Until that happens, it might be an idea to ditch the open skies theory and settle with a good hard dose of reality.715

–  –  –

Material Broadcast by Mr Jones

On 18 February 1999 Mr Jones broadcast the following:





I can’t think about the number of times recently I have read about moves to what is being called a deregulated open skies aviation system in Australia. Federal Cabinet is apparently preparing to debate a Productivity Commission report, which no one has cited, which we are told is calling for Australia to follow the United States and New Zealand in negotiating bilateral open skies.

We are told, this will give international airlines unfettered access to Australia. I couldn’t help but think of that phrase that they use in that funny Australian movie, ‘The Castle’, ‘they’re dreamin’!’… As things stand, these foreign airlines are banned from carrying domestic passengers within Australia, hardly surprising. Whatever the Productivity Commission report might say, the bureaucrats, let’s be blunt. The United States hasn’t opened domestic flying to foreign airlines … Don’t tell me we are going to allow international airlines into this country to fill 12,000 empty seats a week, by offering cheap fares to Australia’s domestic passengers and thereby bringing Qantas and Ansett to their knees… No country with a domestic market of any significance has granted access to international airlines. Why should Australia? … If foreign carriers want domestic access to our skies, then there is a simple way to achieve it, grant the same rights to Australian carriers overseas. Until that happens, it might be an idea to ditch the open skies theory, and settle for a good dose of hard reality.716 Mr Jones’ Submission to the Hearing In addition to the general submissions made by Mr Jones, Mr Jones also made the following

submission in relation to this broadcast:

The broadcast does not differentiate between Qantas and Ansett.717 2UE’s Submission to the Hearing In addition to the general submissions made by 2UE, 2UE also made the following

submission in relation to this broadcast:

One of the factors which may limit the scope and nature of the alleged assumption of disinterestedness (assuming it to exist) is the extent to which the announcer may have become associated in the public mind with the third party because of the announcer’s participation in a campaign of live read advertising. Mr Jones performed a significant number of live read advertisements for QANTAS over a period of years.718 Exhibit 86, p. 27.

Submission made by Mr Alan Jones, paragraph 182.

Submission made by 2UE – Alan Jones Broadcasts – Breach of Clause 2.2(d) of Code of Practice 2, C9 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on political and economic issues of relevance to the community.

The Panel finds the available fact of Mr Jones commercial agreement with Qantas was withheld. The existence of Mr Jones’ commercial agreement with Qantas was not disclosed in the broadcast.

The Panel finds that this available fact was relevant because:

♦ the issue was of concern to Qantas. Mr Shirley gave evidence that he spoke with Mr Jones about the issue and sent him a note ‘outlining the main points’;719 ♦ the broadcast was favourable to Qantas: although the issue was not differentiated between Qantas and Ansett, Mr Shirley gave evidence that he was pleased with the outcome of his representations to Mr Jones regarding the issue;720 and Mr Jones used the note sent to him by Mr Shirley during his broadcast.721 ♦ The Panel notes 2UE’s submission that an extensive live read campaign for Qantas read by Mr Jones may have caused him to become associated with Qantas in the minds of listeners.

However, clause 3.1(a) provides that advertisements must not be presented as news programs or other programs. To the extent that the presentation of any live read advertisement is capable of causing confusion in listeners’ minds with the editorial comment of Mr Jones, the Panel would be concerned that those live read advertisements may have breached clause 3.1(a).

The Panel therefore does not accept the submission of 2UE in this regard.

The Panel finds that, in the presentation of a current affairs program, Mr Jones presented material in a misleading manner by withholding a relevant available fact, namely the existence of a commercial relationship between himself and Qantas.

The Panel finds 2UE to be in breach of clause 2.2(d) of the Codes.

‘OPEN SKIES’ AVIATION POLICY, 19 FEBRUARY 1999 Material Broadcast by Mr Jones On 19 February 1999, Mr Jones broadcasts a report that he had spoken to Mr Gary

Pemberton about the Open Skies issue:

Qantas has warned that rural services could be cut if the domestic airline industry is deregulated. I talked about this yesterday. Gary Pemberton, a good man, says if the rules change, then we will have to change the way we operate. Qantas got a good result. But you read everywhere, open skies. I talked about this yesterday, don’t you like the way they use all these words ‘open skies’ policy.

Transcript, Mr Shirley, p. 381.

Transcript, Mr Shirley, pp. 381-382.

Transcript, Mr Shirley, p. 381.

See, what happens is that every week into this country, to keep it simple, there are about 12,000 empty seats in international aircraft coming into the country. So, in other words, Singapore Airlines flies down here, and Malaysian Airlines flies, and British Airways fly and American Airlines fly in, and the thing is not full. They get to Sydney, and they pick up passengers, and collectively, about 12,000 empty seats.

I think someone is saying that they should be able to pick up domestic passengers. Anything would be better than what is now for them, so, they would most probably offer a domestic passenger, what, a $100 to fly to Melbourne and they would offer all sorts of odd hours. And so, would we be raking 12,000 domestic passengers out of the domestic market, currently services by Qantas and Ansett? If that happened, what would happen to Qantas and Ansett?

Can some brain dead bureaucrat, who is promoting this in Canberra tell me which other country in the world allows that to happen with domestic aviation? Does America? No, no, no. America says – ‘To hell with you, we want a viable domestic Aviation System.’ Well, if America aren’t doing it, why are we talking about it?722 2UE’s Submission to the Hearing In addition to the general submissions made by 2UE, 2UE also made the following

submission in relation to this broadcast:

One of the factors which may limit the scope and nature of the alleged assumption of disinterestedness (assuming it to exist) is the extent to which the announcer may have become associated in the public mind with the third party because of the announcer’s participation in a campaign of live read advertising. Mr Jones performed a significant number of live read advertisements for QANTAS over a period of years.723 The Panel’s Findings The Panel finds that this broadcast is a current affairs program. It purports to concern matters focussing on political and economic issues of relevance to the community.

The Panel finds the available fact of Mr Jones commercial agreement with Qantas was withheld. The existence of Mr Jones’ commercial agreement with Qantas was not disclosed in the broadcast.

The Panel finds that this available fact was relevant because:

♦ the issue was of concern to Qantas. Mr Shirley gave evidence that he spoke with Mr Jones about the issue and sent him a note ‘outlining the main points’;724 ♦ the broadcast was favourable to Qantas: although the issue was not differentiated between Qantas and Ansett, Mr Shirley gave evidence that he was pleased with the outcome of his representations to Mr Jones regarding the issue;725 and Mr Jones used the note sent to him by Mr Shirley during his broadcast.726 ♦ QAN.0008.0014 Submission made by 2UE – Alan Jones Broadcasts – Breach of Clause 2.2(d) of Code of Practice 2, C10 Transcript, Mr Shirley, p. 381.

Transcript, Mr Shirley, pp. 381-382.

Transcript, Mr Shirley, p. 381.

The Panel notes 2UE’s submission that an extensive live read campaign for Qantas read by Mr Jones may have caused him to become associated with Qantas in the minds of listeners.

However, clause 3.1(a) provides that advertisements must not be presented as news programs or other programs. To the extent that the presentation of any live read advertisement is capable of causing confusion in listeners’ minds with the editorial comment of Mr Jones, the Panel would be concerned that those live read advertisements may have breached clause 3.1(a).

The Panel therefore does not accept the submission of 2UE in this regard.

The Panel finds that, in the presentation of a current affairs program, Mr Jones presented material in a misleading manner by withholding a relevant available fact, namely the existence of a commercial relationship between himself and Qantas.

The Panel finds 2UE to be in breach of clause 2.2(d) of the Codes.

FLIGHT ATTENDANTS SACKED FOR STEALING



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