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Australian Industrial Relations Commission

Sir Richard Kirby Archives

Harvester Case

Ex parte HV McKay (Harvester Case) (1907) 2 CAR 1—Higgins J, Judgment, 8 November 1907

Case summary

The case marks the origin of the concepts of a minimum wage and wages based on the economic needs of employees rather than a market for labour. In setting a basic wage of seven shillings a day, Justice Higgins decides that fair and reasonable pay for an unskilled labourer should be based on 'the normal needs of the average employee, regarded as a human being living in a civilised community'. The average employee referred to in the decision is a male worker supporting a wife and three children.