Combating the tyranny of flexibility: Shop assistants and the struggle to regulate closing hours in the Australian colony of Victoria, 1880-1900

Social History

Volumn 30, Issue 3, 2005, Pages 342-365

  Quinlan, Michael ^a   Goodwin, Miles ^a  

^a UNIVERSITY OF NEW SOUTH WALES   (Australia)

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[No Author keywords available]

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EID: 24344469151     PISSN: 03071022     EISSN: None     Source Type: Journal    
DOI: 10.1080/03071020500197328     Document Type: Review

References (137)

1. M. Carter, T. H. Green and the Development of Ethical Socialism (London, 2003), 1-3, 187-90.
2. For another recent contribution on Green's ideas see A. Simhony, 'T. H. Green's community of rights: an essay on the complexity of liberalism', Journal of Political Ideologies, VII, 3 (2004), 269-87.
3. G. Thomas, The Moral Philosophy of T. H. Green (Oxford, 1987), 31.
4. O. McDonagh, Early Victorian Government (London, 1977).
5. S. Steinmo, K. Thelen and F. Longstreth (eds), Structuring Politics: Historical Institutionalism in Comparative Analysis (Cambridge, 1992).
6. Available research indicates that the level of imperial oversight of colonial laws varied according to the particular body of law. One area marked by conspicuous intervention was maritime labour law because of the close connection with imperial trade interests. M. Quinlan, 'Balancing trade and labour control: imperial/colonial tensions in relation to the regulation of seamen in the Australian colonies 1788-1865', International Journal of Maritime History, IX, 1 (June 1997), 19-56.
7. P. Craven and D. Hay (eds), Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955 (Chapel Hill, 2004).
8. See, for example, Steinmo et al., op. cit.
9. McDonagh, op. cit., 78.
10. Although Carson's views initially sparked some debate. W. Carson, 'The conventionalization of early factory crime', International Journal of the Sociology of Law, VII (1979), 37-60;
11. P. Bartrip and P. Fenn, 'The conventionalization of early factory crime: a reassessment', International Journal of the Sociology of Law, VIII (1980), 175-86;
12. W. Carson, 'Early factory inspectors and the viable class society - a rejoinder', International Journal of the Sociology of Law, VIII (1980), 187-91.
13. S. and B. Webb, History of Trade Unionism (London, 1907), 98.
14. W. Whitaker, Victorian and Edwardian Shopworkers. The struggle to obtain better conditions and a half-holiday (Newton Abbot, 1973), 36-42.
15. J. Wesley Bready, Lord Shaftesbury and Social Industrial Progress (London, 1927), 266.
16. Wesley Bready paints Shaftesbury as a supporter of early closing but Whitaker claims he opposed the legislative protection of shop workers: Whitaker, op. cit., 54.
17. ibid., 7-35.
18. ibid., 19-20.
19. ibid., 9.
20. ibid., 30, 55 and 99.
21. Exceptions include those studying sweating, shop assistants and early female labour activists like Emma Miller. F. H. Cutler, 'A History of the Anti-Sweating Movement in Victoria, 1873-93' (M.A., University of Melbourne, 1956);
22. E. Ryan, Two-thirds of a Man: Women and Arbitration in New South Wales 1902-8 (Sydney, 1984);
23. G. Reekie, 'Humanizing industry: paternalism, welfarism and labour control in Sydney's big stores, 1890-1930', Labour History, LIII (November 1987), 1-19;
24. E. Ryan and A. Conlon, Gentle Invaders (Ringwood, 1989);
25. M. Nolan, 'Uniformity and Diversity: A Case Study of Female Shop and Office Workers in Victoria, 1880-1939' (Ph.D., Australian National University, 1990);
26. P. Young, Proud to be a Rebel: The Life and Times of Emma Miller (St Lucia, 1991).
27. M. Quinlan, M. Gardner and P. Akers, 'A failure of voluntarism: shop assistants, the early closing movement and the struggle to restrict work and trading hours in Victoria 1850-1885', Labour History, LXXXVIII (May 2005), 165-182.
28. For a detailed examination of these efforts see Quinlan, Gardner and Akers, op. cit.
29. Argus, 19 September 1851.
30. Argus, 2, 7, 22 October, 1, 10 November 1851.
31. Argus, 13, 14 May, 18 June 1853.
32. Argus, 17, 27 December 1853; 20, 22 December 1854; 6, 12, 16, 17 January 1855.
33. 20, 22 December 1854;
34. 6, 12, 16, 17 January 1855.
35. Age, 13, 16 January 1877.
36. Age, 22, 29 March 1881.
37. Age, 21 April, 4 May, 18 June, 5 July, 9, 12, 19, 20 August, 15, 28 September 1881.
38. Cited in S. and B. Webb Industrial Democracy (London, 1914), 804.
39. In Britain a law securing workers four bank holidays was enacted in 1871. It was not until 1912 that Winston Churchill's Shop Act established a universal half-holiday. Wesley Bready., op. cit., 266.
40. The French-derived term employé was used in the late nineteenth century before being anglicized to 'employee'. In this article the term employé has been used where it is directly quoting a source document. In other instances the modern term 'employee' is used.
41. The members were W. Collard Smith, chair, Alfred Deakin, John Woods, G. Wilson Hall, J. Gardiner, James Munro and William Anderson. See G. Parsons 'Some Aspects of the Development of Manufacturing in Melbourne 1870 to 1890' (Ph.D., Monash University, 1970), 573.
42. Royal Commission on Employès in Shops, Second Progress Report, 1883, Government Printer, Melbourne, Minutes of Evidence.
43. ibid., 1, 18, 21, 83.
44. ibid., 85.
45. Other evidence of large retailer support for legislation includes the private letters of Fred Cato of Moran and Cato. U. Porter, Growing Together: Letters between Frederick John Cato and Frances Bethune 1881 to 1884 (Melbourne, 1981), 180-1.
46. Royal Commission on Employés in Shops, op. cit., xi.
47. ibid., viii-x. Some large retailers also saw this as a problem.
48. See Porter, op. cit.
49. Royal Commission on Employés in Shops, op. cit., ix.
50. A majority of commissioners favoured fixing closing times at 7 p.m. on weekdays and 10 p.m. on Saturdays: ibid., xii-xiii.
51. i b i d.
52. Victoria No.862 An Act for the supervision and regulation of Factories and Workrooms and for the limitation of the Hours of Trading in Shops and for other purposes, 18 December 1885.
53. ibid., Third Schedule.
54. The letter was reproduced in the Age, 16 January 1886.
55. See Carson, 'The conventionalization of early factory crime', op. cit.,
56. Craven and Hay, op. cit.
57. Report of the Chief Inspector of Factories, Workrooms and Shops for the years ended 31 December 1886 (Melbourne, 1887), 8; 31 December 1887 (Melbourne, 1888), 9.
58. 31 December 1887 (Melbourne, 1888), 9.
59. ibid., 9.
60. Report of the Chief Inspector of Factories... for the year ended 31 December 1888, 11.
61. Three years later the Chief Inspector noted the courts' willingness to impose penalties 'somewhat in proportion to the offences' by allowing costs in flagrant cases where municipal by-laws pegged fines at is. 'It renders the unpleasant duty of instituting legal proceedings a little less irksome when the penalties imposed act as a warning to others, and where the prosecutor is not treated as if he were the real offender.' Report of the Chief Inspector of Factories... for the year ended 31 December 1892, 4; 31 December 1895, 15.
62. 31 December 1895, 15.
63. W. Carson, 'The conventionalization of early factory crime', op. cit.
64. G. Maconachie, 'The Origins, Development and Effectiveness of Health and Safety Aspects of the Queensland Factories and Shops Act, 1896-1931' (B.Admin. honours thesis, Griffith University, 1988).
65. Report of the Chief Inspector of Factories, Workrooms and Shops for the years ended 31 December 1887, 9; 31 December 1888, 10; 31 December 1890 9; 31 December 1891, 9; 31 December 1893, 6; 31 December 1894, 12; 31 December 1895, 15.
66. Report of the Chief Inspector of Factories... for the year ended 31 December 1891, 9.
67. ibid., 10.
68. Report of the Chief Inspector of Factories... for the year ended 31 December 1889, 13.
69. Report of the Chief Inspector of Factories... for the year ended 31 December 1890, 9.
70. Age, 31 March 1886.
71. Age, 4, 13 June, 15, 16, 23 July 1890.
72. Age, 2, 9, 16, 21 February 1887.
73. The union achieved some success with the latter though enforcement remained an issue. For examples of campaigns involving South Melbourne and Fitzroy Councils see the Age, 28 October 1886; 19, 26 January 1887.
74. Age, 2, 15 April 1887; 12, 19 April 1888; 6 October 1888; 17 December 1888; 11 March 1889; 12, 22 April 1889; 8 May 1889; 2 October 1890; 7 March 1891.
75. Age, 27 February 1890.
76. In August 1886 the union claimed that twelve of the fifteen candidates it supported were elected to the Melbourne City Council. Age, 19 August 1886. For an example relating to other council elections see Age, 28 July 1888.
77. Age, 20, 31 October, 17, 27 November, 17 December 1888.
78. Age, 11 May, 18, 22 June, 13 July 1886. For evidence of later struggles against grocers in South Melbourne and shopkeepers in Prahran see the Age, 22 April 1889; 24 March, 21, 28, 30 April, 27 May, 6, 12, 17, 20, 26 June, 1, 7, 14, 21 August 1891.
79. For reports from the Maryborough branch see the Age, 13 January, 9 February 1887.
80. For example, the VSEU secretary repeatedly warned boot vendor James Adams to comply prior to his prosecution in June 1886: Age, 11, 21 June 1886.
81. For other examples see the Age, 7 June, 5 July, 17 September 1888; 7 February 1890; 29 October 1891.
82. For evidence of this by the Williamstown branch see Age, 19 June 1886.
83. Age, 31 March, 3, 5, 7 April 1886.
84. Unions continued to offer their support, although, as several letters to the press observed, some eight-hour day activists were 'late shoppers': Age, 2 June 1886; 1 June 1888.
85. Age, 16 July 1886.
86. Age, 29 July 1886.
87. Age, 5 December 1889.
88. Duly reported at the union's next meeting: Age, 21 January 1890.
89. In March the Chief Inspector of Factories and Shops responded, stating that constables were being specially instructed and put on duty in the suburbs to detect infringements: Age, 8, 15 January, 7 March 1891.
90. This was regularly reported back to members at half-yearly meetings: Age, 29 August 1891.
91. Cited in a letter to the Age, 16 March 1886.
92. Drawing a response from the union, which sent a deputation to councillors: Age, 22 April, 5 July 1889.
93. Newspaper reports indicate the league operated from July 1886 until June 1891 at least. One of its first acts was to urge the government to take over powers vested in local councils: Age, 28 July, 24, 27 September 1886; 5 March 1887; 4 July 1888; 18 April 1890; 2 June 1891.
94. Age, 19 November 1886.
95. Age, 27, 30 November, 7 December 1888.
96. In July 1889 a meeting of the union endorsed provisions in the amended Bill before parliament: Age, 8 May, 5 July 1889; 21 January, 16 August 1890; 7, 14 March 1891.
97. See, for example, Age, 8 March, 10 June, 11 September, 29 October 1891.
98. Age, 10 August 1896.
99. Nolan cites figures for a number of the larger Melbourne stores in the 1890s indicating that females constituted anything between 30 per cent and over 50 per cent of their shop assistants. Nolan, op. cit., 91-105.
100. A number of measures, like restrictions on working hours, had been canvassed more than a decade earlier in the run-up to the 1885 Act. Parsons, op. cit., 573-76.
101. Moves to include a half-holiday had begun prior to this. Section 6 of the 1893 Factories and Shops Amendment Act enabled municipal councils to pass by-laws for a half-holiday upon receipt of a petition signed by a majority of shopkeepers of a particular class. 57 Victoria No.1333 An Act to Amend the Factories and Shops Act 1890 and for other purposes, 3 November 1893.
102. Section 40 of the Factories and Shops Amendment Act 1900 provided for a half-holiday for persons delivering milk and meat and a oneday holiday every month for bakers' employees. 63 Victoria No.1654 An Act to further amend the Factories and Shops Act, 20 February 1900.
103. The 1885 Factories and Shops Act contained a section on seating (section 47), but this placed the onus on the inspector to decide whether seating or rest periods should be provided 'for the preservation of health' rather than specifying when seating should be provided. Consequently, little use seems to have been made of the provision.
104. Report of the Chief Inspector of Factories, Workrooms and Shops for the year ended 31 December 1896, 3.
105. W. Pember Reeves, State Experiments in Australia and New Zealand (Melbourne, 1969; orignal edn, 1902), 188-9.
106. ibid., 192.
107. The Act also reduced the maximum hours of women and juveniles to 48 hours per week: ibid., 193
108. Wednesday proved the most popular choice and became associated with that most passionate of Victorian social activities, Australian Rules football. This connection is being explored by a yet to be completed Ph.D. thesis: P. Burke, 'Wednesday? Wednesday we're playing away: a social history of the Wednesday football leagues in Melbourne between 1890 and 1930', University of Melbourne.
109. Argus, 1 November 1897.
110. Report of the Chief Inspector of Factories... for the year ended 31 December 1897, 29-37.
111. Report of the Chief Inspector of Factories... for the year ended 31 December 1898, 37-43.
112. Earlier in the year a mass meeting of Foy and Gibson's employees at the Athenaeum Hall advocated that a uniform day be set for the half-holiday rather than the existing practice of different days being selected by councils. The meeting appointed a committee to arrange a deputation to the Chief Secretary: Argus, 1, 2 February, 12 July 1898.
113. The majority report of the Queensland Royal Commission favoured legislation. Despite efforts by the early closing association, trader opposition stymied attempts to pass early closing bills in 1894 and 1895 (and even to introduce a bill in 1896). It was not until the successful 'trial' of legislation in other colonies that a law was finally enacted in 1900. P. Young, op. cit., 54-64.
114. The South Australian Early Closing Act (1900) stipulated a half-holiday on either Wednesday or Saturday and shops, like factories, were required to be registered. Ryan and Conlon, op. cit., 44-5.
115. The 1896 NSW Factories and Shops Act restricted the hours of women under 18 and boys under 16 to 52 hours per week with overtime allowable 52 times per year. E. Ryan, op. cit., 146.
116. Whitaker, op. cit., 117.
117. Thomas Mackay (ed.), A Plea for Liberty: An Argument Against Socialism and Socialistic Legislation, 2nd edn (London, 1891).
118. In Britain laissez-faire and anti-legislative bodies such as the Liberty and Property Defence League provided conspicuous opposition to closing hours legislation in the 1880s and 1890s. Whitaker, op. cit., 104-5.
119. Mackay, op. cit., 190-6.
120. E. Aves, Report to the Secretary of State for the Home Department on the Wages Boards and Industrial Conciliation and Arbitration Acts of Australia and New Zealand (HMSO, London, 1908);
121. P. S. Collier, 'Minimum wage legislation in Australasia', Appendix VIII of the Fourth Report of the New York State Factory Investigating Commission, State of New York in Senate, No. 43, J. B. Lyon and Co., Albany, 15 February 1915, 1845-2265
122. J. Commons and J. B. Andrews, Principles of Labor Legislation (New York, 1915).
123. New Zealand introduced compulsory arbitration around a decade before Australia, although the legislation was heavily modelled on a lapsed Bill introduced into the South Australian parliament.
124. See, for example, Aves, op. cit,;
125. Collier, op. cit.;
126. Commons and Andrews, op. cit.
127. Based on our best estimate from an as yet incomplete database, total union membership in the Australian colonies reached about 200,000 by 1890 out of a population of around 3 million. For an earlier estimate see M. Quinlan and M. Gardner, 'Strikes, worker protest and union growth in Canada and Australia 1801-1900', Labour/Le Travail, XXXVI (Autumn 1995), 175-208.
128. Similarly, the Chair of the Royal Commission, W. C. Smith, also dwelt on 'the moral stains of Marvellous Melbourne'. S. Macintyre, Winners and Losers: The Pursuit of Social Justice in Australian History (Sydney, 1985), 40, 47.
129. Porter, op. cit.
130. W. Hutt, 'The factory system of the early nineteenth century' in F. A. Hayek (ed.), Capitalism and the Historians (Chicago, 1963), 165.
131. For a broader examination see M. Quinlan, 'The toll factory toil does matter: occupational health and and labour history', Labour History, LXXIII (November 1997), 1-29.
132. Carson, 'The conventionalization of early factory crime', op. cit.
133. Macintyre, op. cit., 46.
134. For parallels with manufacturer opposition to early factory legislation in Britain see O. McDonagh, op. cit., 61.
135. ibid., 55-8, 89-92.
136. Reekie, op. cit.
137. Nolan, op. cit..