for their living, allowed them their free will to accept whatever remuneration they were disposed to take for their services, and never meant that they should be prevented by human laws from taking whatever wages they saw fit."*

The Council proceeded to pass an amendment to the Bill which limited the scope of the Boards' determinations to females of any age and to males under the age of twenty-one.† When news of this action reached the ears of the Ministers and of the outside public, such a storm of opposition was created that the Council decided to recommit the Bill to the Committee, where the objectionable amendment was cut out. The Council, however, insisted on amendments which took away from the Wages Boards their power to limit the number of indentured apprentices in any trade, and which required that in the future no new Boards be constituted without the consent of both Houses of Parliament. Finally, the Council refused to to make the Factories Act a permanent one, but limited its duration to the 31st December, 1905.

In view of the open hostility to the Wages Boards in the Council, and in view of the fact that practically no one in that House supported them in debate, it may cause surprise that the Bill for the continuance of the Factories Act was allowed to pass at all. The explanation may be, in part, that changes had recently been made in the mode of selecting members for the Council whereby it became much more of a representative Chamber. The public meetings held to uphold the Wages Boards legislation and to express disapproval of the Council's attitude thereto probably caused some members of that body to feel that they were not voicing the views of their constituents. This, together with the fact that the Council was able to incorporate several important amendments in the Bill, led to the decision to continue the Wages Boards. Although still a temporary measure, the Factories and Shops Act, with its provision for establishing a minimum wage in industries, had successfully passed its crisis, and in 1905 there was little difficulty in having the Act made a permanent one.

* Parliamentary Debates, Vol. 105. p. 666. † Ibid., p. 758. An influential factor was the speech of Sir Henry Wrixon, whose opinions were held in much respect by the Council. At a critical stage in the consideration of the Bill he took the floor and urged that the Bill be passed in spite of what he was willing to admit were its defects.

4. Growing Popularity of Wages Boards in Victoria. The Factories and Shops Act of 1903 in Victoria introduced the following changes in the Wages Boards legislation (1.) The endment to the law in 1902 whereby two employers' repretatives must vote with the employees or vote with the employees or two employees' representatives with the employers in order to reach a determinaon was repealed, and the right to cast the deciding vote in case of a tie was restored to the Chairman. (2.) A Court of Appeals was created to pass on cases in which either employers, employees, or the Minister wished to take an appeal from the decision of a Board. The Court was to consist of a Supreme Court Judge, aided, if he so desired, by two assessors, representing both the conflicting interests, to give the Judge advice on technical points, The assessors, however, were not given the right to vote. (3.) New Special Boards might be created if the resolution authorizing them were adopted by both Houses of Parliament. (4.) Special Boards were no longer to place limitations on the number of apprentices in any trade or business. (5.) The Chief Inspector was empowered to grant permits to "slow" workers as well as to old and infirm ones, and on the same conditions. (6.) The Boards might, if they saw fit, fix the special wages or rates at which old, infirm, or slow workers might accept employment. (7.) In reaching a determination as to the minimum wage or price to be paid to any worker each Special Board was instructed to ascertain the average wage or price "paid by reputable employers to employees of average capacity," and to fix the minimum wage or rate no higher than such average. If the Board believed that the average was too low to serve as a minimum it might refer the matter to the Court of Appeals. (8.) The Minister was given power to nominate the members of any Special Board, and unless one-fifth or more of the employers or employees respectively objected within twenty-one days to the persons nominated to represent them, the persons nominated might be appointed members of the Board by the Minister. If one-fifth of the employers or employees did object, an election was to be held the same as hitherto.

This last amendment was one which received the strong indorsement or Sir Alexander Peacock, leader of the Opposition. Sir Alexander has always favoured the appointment rather than

5-Labour.

the election of the Board members. His reasons are well set forth by the following extract from his speech on the adoption of the amendment. He said, “I am confident that the great defect that has arisen in connection with our Wages Boards is owing to the fact that the representatives on the respective sides, before they are elected at all, have made pledges as to what they would do when they came to deal as jurymen with questions to which they should give the fairest attention, recognizing all interests ; and then having made those pledges the questions that come before them are prejudged before any evidence is taken. We know that candidates for election to the Wages Boards have canvassed for votes, and have pledged themselves to ask for certain rates of wages, and that on the other side the employers' representatives have pledged themselves beforehand to insist on the wages being as low as possible. That was all done before any evidence was taken to determine what the proper rates were. For three years we tried that system, and my experience in administering the Act was exactly what I have said.”*

In August, 1905, the Government introduced the Bill to consolidate and make permanent the nine existing laws relating to factories and shops. No changes were made in the laws themselves. In introducing the measure the Minister of Labour called attention to the fact that in 1896, the year when the Wages Boards plan was introduced into legislation, the number of workers registered in factories was 40,814; in 1904 it was 60,977.† He said, "If these figures prove anything, I think that they prove that the laws relating to factories have not in any way impeded the progress of trade in this country. I think those figures also prove the efficacy and great advantage of having these industrial laws in the State. No doubt, in the early history of these Acts, there was very considerable friction in connection with the position of employer and employees. I think I am correct in stating that the Acts are now working smoothly, and that a much better feeling exists almost the best of feeling-between both sides, and that the employers as well as the employees are thoroughly well satisfied with the law as it obtains at present. I think that the hostile mood that was apparent in the early

* Parliamentary Debates, Vol. 105, pp. 116-117.

p. 906.

† Ibid., Vol. 110,

history of these Acts has disappeared, and that there is every prospect of success in connection with our industrial legislation.

The early passage of the consolidating Bill through both Houses of Parliament gave evidence of the truth of the Minister's gatement. The debates on the measure were very brief. Most f the speakers praised the Acts for having prevented sweating and strikes and for improving the relations between masters and zen.t Some little muttering of discontent was heard from those members who claimed that the Acts were still in the "experimental" stage and should therefore not be made permanent, but this was but the lingering echo of the storm of opposition which had nearly swept the Acts away in 1902-03. When the time came for a vote the Bill to consolidate and make permanent the existing factories legislation passed in both Houses without a division.

Since 1905 no fundamental changes in the Wages Boards legislation have been made in Victoria, but the powers of the Boards have been steadily increased. The provision in the 1905 Act by which every Board was instructed to ascertain the average wages "paid by employers to employees of average capacity was found to be unsatisfactory and to hamper the work of the Boards. It was accordingly repealed in 1907.§ In 1909 Parliament provided that District Boards might be appointed in the mining industry instead of one Board for the entire State, and that any District Board might make its determinations apply to any part of such district as it saw fit. At the same session of Parliament power was given to the Governor in Council to authorize the Boards to take into consideration in fixing the lowest rates. of pay the following matters: (a) The place or locality where the work was to be done; (b) the hour of the day or night when the work was to be performed; (c) whether more than six consecutive days' work was to be done, and to fix special prices or rates for work done on Sundays or holidays; (d) the time of beginning and ending work upon each day, and the special rate of pay for work done at any hours other than

+ Ibid., Vol. 111, *Report of Chief Inspector for

* Parliamentary Debates, Vol. 110, p. 906. pp. 1608-1612. Ibid., p. 1611. 1907, p. 3.

those fixed for any day; (e) whether the work was casual—i.e., for less than a day.*

At every session of Parliament since 1905 resolutions have been carried in both Houses for the appointment of new Wages Boards, until at the close of 1913 there were in existence or authorized 134 Special Boards in as many trades or occupations. The Chief Inspector estimated that about 150,000 workers had their minimum rates of pay determined by such Boards.† Not only has the number of trades for which Boards are provided continued to increase, but their scope has constantly widened. The idea that the Boards were to operate only in the sweated trades has long been abandoned. No longer is the Board plan of wage-regulation limited to manufacturing industries. Asphalters, bill-posters, bread-carters, carpenters, coal-miners, commercial clerks, dressmakers, electroplaters, factory - engine drivers, gold miners, furniture-dealers, gardeners, grocers, hotel employees, livery-stable employees, milliners, night-watchmen, office-cleaners, quarrymen, shop-assistants (retail clerks), sorters and packers, tea-packers, timberfellers, tuck-pointers, and many other classes of employees have their minimum wages and maximum hours fixed by such Boards.‡

In some industries and occupations two Boards are appointed, one for the metropolitan area (Melbourne and suburbs) and the other for the country districts. Thus there are the Flour Board and the Country Flour Board, the Printers' Board and the Country Printers' Board, the Country Shop-assistants' Board, &c.§ No effort has as yet been made in Victoria to provide Wages Boards for distinctly agricultural callings. Doubtless the country prejudice against such legislation still survives. Nor has there been any effort to regulate the wages or hours of domestic servants by means of such legislation. But practically every other field of industry has been invaded, and Mr. Alfred Deakin's prediction, made in 1895, that one day or other these Boards will be established in every trade comes well-nigh realization within the life of that gentleman.

66

* Report of Chief Inspector for 1909, p. 4.

for 1913, p. 6.

+ Report of Chief Inspector

The full list of Boards is given in the Annual Report of § Report of Chief Inspector for 1913,

the Chief Inspector of Factories. p. 6.