The Acts of the Constitution by Michael Grose https://padlet.com/mike_grose2/actsoftheconstitution Benefits and Responsibilities of Citizenship - legislative, judicial, and constitutional aspects of a federated Australia - 1901-1914 en-us 2016-05-05 05:46:31 UTC 2025-10-02 06:36:51 UTC hello@padlet.com The Context - From the Study Design mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109365680 Description: 

The  process  of  nation  building  after  Federation  in  1901  saw  Australia  become  what  was  for  the  times  an  advanced democracy. Significant legislation introduced pioneering changes to electoral laws, industrial arbitration and social welfare. The new Conciliation and Arbitration Court introduced the principle of a basic wage for male breadwinners in 1907. This was known as the Harvester Judgement. These measures continued to be important features of Australian society for much of the twentieth century. Their advanced nature meant that the new nation was regarded internationally as a ‘social laboratory’. However, the changes had uneven outcomes. Some people were excluded from membership in the new nation. The new rudimentary welfare provisions privileged men as providers and envisioned women as unpaid mothers of the nation. Yet women, even if widowed and working to raise a family, were not paid the full basic wage. Aboriginal people were not covered by the welfare provisions or the 1907 wage decision and were governed and paid according to special state government regulations. 

Key Knowledge Dot-Point

  • the constitutional, legislative and judicial decisions that reflected the visions of a ‘White Australia’, a ‘workingman’s paradise’ and a ‘social laboratory’, including the Immigration Restriction Act, the Franchise Act, the Customs Tariff Act, work and welfare legislation, and the Harvester Judgement 

  • the extent to which the visions of ‘White Australia’, a ‘workingman’s paradise’ and a ‘social laboratory’ had become reality by 1914, including the position of Aborigines, non-British immigrants, women and workingmen’s families
]]> 2016-05-05 05:51:16 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109365680 The Process of Federation - pp. 65-6 - Ted and Sean mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109365780 How did the Constitution set out the legislative, judicial, and administrative levels to federate the six colonies? 

Research the role of these key individuals in creating the Australian Constitution and federating Australia?

Alfred Deakin
Edmund Barton
George Reid 

Describe the three stages of drafting from 1897-1901 - in the end what sort of Constitution was created? 

What challenges faced those attempting to create the final draft of the Constitution? 

What powers did the British government hold over Australia in the Constitution? 

What sections of the Constitution dealt with the Aborigines? ]]> 2016-05-05 05:54:07 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109365780 Conciliation and Arbitration Act 1904 - Industrial Relations - pp. 80-82 - Noah and Joe mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109366636
  • What preceding events/hopes defined the need for industrial harmony and working conditions free from the ills of the old world? 

  • What benefits and responsibilities did the bill confer upon:

    • Employers

    Workers

    The Government

    • What is meant by Section 51 of the constitution and the notion of conciliation and arbitration on the part of the government? 
    • What social programs/effects emerged as a result of this bill and how did it contribute to the idea of Australia as a social laboratory?
    • Describe the conservative opposition to the Bill.

    Your Research: 

    Note historiography related to the bill - note any information the textbook may be missing by researching on your own. The best place to summarise from is Alpha History or from the Article Australia as a Social Laboratory. 

    Discover and link a primary source - attempt a source analysis:

    Identification

    Attribution

    Perspective Judgment

    Reliability Assessment

    ]]>     2016-05-05 06:10:13 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109366636     The Tariff Act and New Protection - 1908 - Harvester Judgment - pp.82-82 - Elan mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109366822 Evaluate what benefits this act conferred upon people after Federation.

    What visions for Australia (NERD) were embodied in this act?

    Summarise Primary Sources views - opposition or support for this act.

    Evaluate the significance of the Harvester Judgment for both men and women How/why were the benefits different? - include historical interpretations from reading - Australia as a Social Laboratory and your textbook. 

    You are also encouraged to use Alpha history in your perspectives? ]]>     2016-05-05 06:13:06 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109366822     The Invalid and Old Age Pension Act of 1908 - pp. 87 Jaafar mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109367089 Describe the benefits conferred upon citizens through this act. 

    Explain, in your own words, the reason why, according to Attorney General Groom, the government introduced the old age pension. 

    Why was it important that is was defined as a right and not a charity? Who was excluded? 

    How does this fit into visions for Australia - NERD?

    Your Research: 
    Note historiography related to the bill - note any information the textbook may be missing by researching on your own.
    Discover and link a primary source - attempt a source analysis:
    Identification
    Attribution
    Perspective Judgment
    Reliability Assessment

    ]]>     2016-05-05 06:17:28 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109367089     The Maternity Allowance Act of 1912 - pp. 88-89 - Olivia mike_grose2 https://padlet.com/mike_grose2/actsoftheconstitution/wish/109367235 Describe the importance/responsibilities of women for the future of the new nation in terms of:

    • Motherhood
    • The White Australia Policy
    • Defence
    • Economic needs
    Describe the Royal Commission of 1903's reasons for the declining birthrate and their justifications for the need to people the vast continent. 

    Describe the benefits given to women in 1912 through the Maternity Allowance Act - what other social institutions did this act give rise to?

    What was the most controversial aspect of this legislation - who opposed it?

    Who was excluded? 

    Your Research: 
    Note historiography related to the bill - note any information the textbook may be missing by researching on your own.
    Discover and link a primary source - attempt a source analysis:
    Identification
    Attribution
    Perspective Judgment
    Reliability Assessment
    ]]>     2016-05-05 06:19:52 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/109367235     Old Age Act of 1908 https://padlet.com/mike_grose2/actsoftheconstitution/wish/110009156
    Group 6: The Invalid and Old Age Pension Act of 1908 - pp. 87

    Describe the benefits conferred upon citizens through this act. 

    Explain, in your own words, the reason why, according to Attorney General Groom, the government introduced the old age pension. Source 6.11 and 6.12 

    Why was it important that is was defined as a right and not a charity? Who was excluded? 

    How does this fit into visions for Australia - NERD?

    Useful website:
    http://www.nma.gov.au/online_features/defining_moments/featured/age_and_invalid_pensions  �
    http://www.skwirk.com/p-c_s-14_u-127_t-352_c-1220/invalid-and-old-age-pension-schemes/nsw/invalid-and-old-age-pension-schemes/australia-to-1914/social-legislation-1901-1914

    ]]>     2016-05-10 03:58:31 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/110009156     https://padlet.com/mike_grose2/actsoftheconstitution/wish/110048139 2016-05-10 09:30:42 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/110048139 The Invalid and Old Age pension Act of 1908. Jaafar, Stephen, Hamza https://padlet.com/mike_grose2/actsoftheconstitution/wish/171384965 Describe the benefits conferred upon citizens through this act?
    This act was made by the Deakin Protectionist government with the support of the labour party and had benefitted the old age from the age of 65 to earning 26 pounds and were paid 1 July 1909 or if they were incapacitated by the age of 60 they gained the Invalid pension. However Invalid pensions were paid 15 December 1910. Invalid Pensions are Pensions paid to people who are permanently incapable of work because of illness or disability. It is based on a claimant's social insurance contributions and the personal rate of payment.
    Explain in your own words the reason why according to Attorney-General Groom the government introduced the old age pension? The old age pension was introduced as a way of rewarding a man for their work and dedication to Australia through out their life and should finish it with ease as stated by Rod Kemp and Marion Stanton Speaking for Australia, NSW, 2004, P.28. "It being felt to be a reproach to civilisation that many persons whose lives have been spent in working for the advancement of the state should in their old age, through no fault of their own, be compelled to end their days charitable instituitions". Source 6.11. It was also known to be a way of connecting the state and the wellbeing of the community in the sense of being under a modern society.
    Oppositions to this Act
    George Reid an opposition of the act stated that that the bill did not cover Aboriginies and Asians, arguing that it should be paid to all decent persons no matter what colour or nationality who had resided continuosly in Australia.
    Old-timer’, near the river at Mildura, Victoria, about 1896. State Library of South Australia.]]>     2017-05-11 23:54:03 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171384965     Harvesters Judgement https://padlet.com/mike_grose2/actsoftheconstitution/wish/171385150 What is it:
    The Harvester Judgement was a court case in 1907 held between October 7 and November 8, which started when H.V Mckay applied for an exemption from the agricultural tax that was enforced on agricultural machinery produced by McKay's Sunshine Harvesters Works. The only way he could avoid the tax was if he payed his workers a 'fair and reasonable' wage. The case was heard by Justice H.B Higgins and became a landmark attempt to balance the worker against the interest of the industry. The lowest wage that McKay was found to pay was 36 shillings a week. After hearing this, Higgins declared: "Now, I want to find out whether these wages are sufficient. No one can give better evidence as to the way the shoe pinches, if it does pinch, than the working man’s wife."

    Higgins set out to determine the minimum that was required for the average worker to live to a decent standard. This took into account fresh water, wholesome food, decent shelter and provisions for 'evil days'. He decided that 7 shillings a day or 42 shillings a week was what was necessary in order for an unskilled worker to get by, plus extra for overtime. There was much division over the judgement. On November 14 'The Worker' declared the ruling as 'momentous' whereas The Argus on November 11 said that: "In practice, Commonwealth regulation of wages was bound to do injustice and grave injury to industry - the 7 shillings per day for unskilled labourers - will be used as a justification for demanding higher wages over a wider industrial are than that which it actually applies."

    H.B Higgins: Higgins was an Irish-born radical who believed that the constitution was too rigid and repressive. He also strongly supported unions and the dignity of physical labour. Higgins was the judge in charge of the Harvester Judgement and would go on to be the president of the Conciliation and Arbitration Court.

    Effect: In 1908 , the High Court ruled the judgement invalid as the Commonwealth did not hold power over the regulation of employment conditions. Higgins continued to use the judgement as a benchmark for many years afterwards, when he was president of the Conciliation and Arbitration Court. 
    The judgement raised the wages of unskilled workers by 17% at McKay's Sunshine Harvesters works. It has been suggested that general effect was that there was an increase in wages of unskilled workers by 26%. Despite this historian Lewis argues that between 1907-1914 wages only increased by 4% on average. 

    ]]>     2017-05-11 23:57:01 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171385150     Conciliation & Arbitration Act 1904- Noah and Joe https://padlet.com/mike_grose2/actsoftheconstitution/wish/171385336 The events of the 1890's Depression, and the failure of the 'Great Strikes' to achieve worker intentions, created a need for an industrial platform that would satisfy the needs of both employer and employee.

    The Bill created a Court which was viewed as a new and inclusive relationship between workers and employers. It was to be set under a High Court Justice, who would bring parties in an industrial dispute together to 'conciliate' or agree. If this did not happen the Court would 'arbitrate', or settle the dispute for them. This was hoped to settle speedy agreements instead of resorting to violent strikes.  

    For workers, the Bill was hoped to achieve any minor disputes and allow for legal representation in industry. In 1903, Prime Minister Deakin wrote "the Court would [multiply] the opportunities  of the masses for obtaining those reasonable concessions which hitherto too often required...storm and stress and devastation".

    For employers, the Bill was hoped to resolve disputes peacefully and quickly therefore nullify the chance of strikes, or "great causes of disturbance" (Deakin), and saving time and money. The ALP also hoped that the Bill would, by " subjecting employers to the public scrutiny of an arbitrator", "restrain their [employers] power".

    The government hoped the Bill would bring a peaceful platform to industry disputes and stop the need for public strikes.

    Due to Section 51 in the constitution, which stated the federal government would take no responsibility for aboriginal people in policy, Aboriginal workers were excluded from the Court's jurisdiction and given no ability to pursue worker disputes.

    The Bill also resulted in a large influx of membership to unions as only unionised workers could bring issues before the court. 

    Historians agree that the Bill was a great step forward for workers, unionist and employers a-like. Darlington claims it was the "most important single institution in Australian industrial relations" and led to "enormous growth in union membership." Lewis argues that there was a strong strain of idealism in the attempt to help workers and employers co-operate in achieving their goals and to limit class conflict. Kelly agrees, stating "Arbitration is better seen as a practical yet Utopian bid to manage competing class interests... a heroic attempt to engineer a system of social and economic fairness".


    ]]>     2017-05-11 23:59:51 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171385336     Tariff Act and New Prtotection https://padlet.com/mike_grose2/actsoftheconstitution/wish/171386137 The Customs Tariff Bill was passed in 1902, believing free trade would be successful in bringing prosperity as it gave approval to previous duties or taxes on many imported goods. The issue of protection however was not settled until 1905 as Prime Minister at the time, Alfred Deakin wanted to increase tariff rate on imported goods. Deakin introduced 'New Protection' to allow workers to share the benefits of protection with their employers allowing the government to give tariff protection to employers who paid their workers decent wages. It gave Victoria, with its manufacturing economy, protection for its industries.

    The Tariff Act and New Protection was an essential part of not only a Working Man's Paradise but also a White Australia. The Tariff Act replaced colonial tariffs with a continental wide tariff barrier and therefore the entry of cheap customer goods from Asian countries was delayed while development in Australia was prompted of labour-intensive industry sued that may not have been economically viable.

    The Conciliation and Arbitration Court established a "fair and basic wage" in 1907. Justice Higgins set out to determine a basic wage depending on the family's needs - as men's wages were seen as a family wage, not for profit or the market value of labour. He concluded 7 shillings a day for a 6 day week was a minimum wage a man was to be paid in order to get benifits such as tax exemptions.

    George McKay of Sunshine Harvester Company applied for exemption from the Tariff however was found to only pay his employes 6 shillings a day and therefore denied. The rational that Higgins used in the Harvester case was used by him in making future awards in the settlement of industrial disputes. This protected male workers and if married, their wives and children however did not cover widowers or married women in need of support. According to Creating a Nation, it was a "gendered settlement" and women's "role as citizens was defined differently to that of men", according to Di McDonald in Australia as a Social Laboritory.

    "I am a married woman living in Bay Street, Port Melbourne. I have six children. My husband is secretary to the Agricultural Implement Makers’ Union. I do not know what he earns but he gives me £2-10-0 [two pound, ten shillings] a week. This is not enough to keep the family going."
    Kate Russell, Testimony 1907 Ex parte HV McKay Harvester Case, Federal Court Arbitration and Conciliation.

    ]]>     2017-05-12 00:08:29 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171386137     The Constitution - Ted & Sean https://padlet.com/mike_grose2/actsoftheconstitution/wish/171388440 The main objective of the Australian Constitution was to bring together the six colonies in a federation. The Constitution establishes Australia's federal Government and its High Court, reflective of the English Westminster system. It provides citizens with the outline of their rights in a generalised sense, whilst the common law established by the Parliament gives specific representation of these rights. The 'Federal' nature of the Parliament established by the Constitution, which means that each state retains some independence because it has its own Parliament and High court. Whilst a key piece of Australian Independence, the constitution acknowledges that Australia still remains apart of the British Empire as it stated Australia to be a Constitutional Monarchy. 
    Edmund Barton was a crucial player in making the Australian Constitution. He was a participant in the 1891 drafting process. This drafted constitution was an import first step towards federation, as it allowed the commonwealth government over 39 political areas. Barton then participated in the following procedure, 1897-98 convention which finalised the Constitution. Barton became the first Prime Minister of Federated Australia, in 1901 representing of the Protectionist Party.                                        



    ]]>     2017-05-12 00:35:00 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171388440     Maternity Allowance Act of 1912- Omar and Olivia https://padlet.com/mike_grose2/actsoftheconstitution/wish/171727564 Andrew Fisher (prime minister) introduced the maternity allowance.

    Motherhood: along with federation, White women in Australia had a duty to the nation to become wives and mothers. The future of the nation was dependent on having a nation filled with majority if not all white, European descended children. Ideas of a fast growing population were evident as there were 4 million white Australians occupying a continent the size of Europe. 

    The White Australia Policy: as briefly mentioned before, white women were responsible for the development of a White nation. The White Australia policy was supported by groups like ‘The Bulletin’ and the Australian Natives Association, who encouraged and promoted a white nation. White women who had given birth were provided with a £5 payment- a Baby Bonus. This was equivalent to a women’s wage if she were to work for four weeks in a factory. 

    There were growing fears that the same reasoning behind taking land off Aboriginal people would be used against them- the idea that they took the land from them as it was unused and empty- "terra nullius"

    Source 6.13- “Your claim as justification for taking Australia from the black fellows, the aborigines, that they were not utilizing it for the benefit of mankind. Neither are you.”- Quoted in David Walker, Anxious Nation, Queensland, 1999.

    Defence:
    For defence reasons women need to provide the state with a large population so there could be a formation of a great naval and military armies. They believed that a large population was linked to national greatness. Population growth became part of the defence policy and was also important for the economic stability of the nation.

    Royal Commission: There were growing concerns about the increasing mortality rates and decreasing birth rates, in the later part of the 19th century. The government set up a Royal Commission to investigate this issue. The report identified, that due to personal interest such as ambition and a higher degree of luxury and comfort, people weren't interested in having babies and starting families. 

    Benefits: -an identity and a public recognised role in the new nation. 
    -5 pounds
     
    Controversial as it included unmarried women. 'The women’s Christian Temperance Union of South Australia was very opposed to the allowance, fearing that it would encourage an “evil” of unmarried mothers.'

    "Around the middle of the 19th century, the fertility rate was equivalent to six babies for every woman. At the same time, the infant mortality rate was 125 deaths for every 1000 births"- http://www.skwirk.com/p-c_s-14_u-127_t-352_c-1221/maternity-allowance-scheme/nsw/maternity-allowance-scheme/australia-to-1914/social-legislation-1901-1914

    The Maternity Allowance Act of 1912 expressly states that     'women who are Asiatics or are aboriginal natives of Australia, Papua, or the islands of the Pacific, shall not be paid a maternity allowance'

    Who was excluded: All women of colour were excluded from this act. the benefits only applied to white women.

    ]]>     2017-05-15 01:52:12 UTC https://padlet.com/mike_grose2/actsoftheconstitution/wish/171727564