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Harvester case
''Ex parte H.V. McKay'' (1907) 2 CAR 1, well known as the ''Harvester case'', is a landmark Australian labour law decision on a fair living wage for workers. The case had national ramifications and was of international significance.
H.B. Higgins in the Commonwealth Court of Conciliation and Arbitration held that an employer was required by law to pay a decent, fair wage to his workers. Higgins had been appointed President of the newly created Commonwealth Court of Conciliation and Arbitration in 1907 and had been a Justice of the High Court of Australia since 1906.
==Facts==
Hugh Victor McKay, one of Australia's largest employers, owned the Sunshine Harvester Works where agricultural machinery was built. Under the Excise Tariff Act 1906, the Federal Australian government had required the payment of an excise tax from all employers who did not pay a wage that was "fair and reasonable", as defined by the government, or the Court of Conciliation and Arbitration. McKay was charged for the tax, given the payments he paid his workers.
The hearing took place in Melbourne on several days between 7 October 1907 to 8 November 1907. Higgins heard evidence from employees of McKay's factory and also their wives. Higgins gave his judgment on 8 November 1907.
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