Page:Harvard Law Review Volume 32.djvu/237

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201
HARVARD LAW REVIEW
201

A NEW PROVINCE FOR LAW AND ORDER 201 basic wage; ^ and this practice, it must be admitted to the credit of the employers, has never been disputed so far as I know. The proper sustenance of the persons employed (on the basis of family life) is treated in ejBfect as a first charge on the product. Secondary Wage With the secondary wage the position is different. There is more scope for compromise or arrangement. At the same time it has been found inadvisable except in extreme circumstances to diminish the margin between the man of skill and the man without skill. One of the drawbacks of industry in Australia is that lads do not learn their trades thoroughly -^ do not take the trouble to become perfect craftsmen. There is a tendency to be content with imperfect workmanship, to put up with the "handyman," and his rule of thumb, to put up with what is "good enough"; and noth- ing should be done by the Court which would lessen the induce- ments to learn a trade and to learn it properly.^® However, when the Court has increased the basic wage because of abnormal increase of prices due to the war it has not usually increased the secondary wage. It has merely added the old sec- ondary wage, the old margin, to the new basic wage. It is true that the extra commodities which the skilled man usually pur- chases with his extra wages become almost indispensable in his social habits as the commodities purchased by the unskilled man, and have no less increased in price; but the Court has not seen fit to push its principles to the extreme in the abnormal circumstances of the war, and the moderate course taken has been accepted with- out demur. I may add here that the Court, where necessary, adopts gradations in the secondary wage. For instance, after fiixing the basic wage for unskilled labourers in the gas employees case, it awarded 6d. per day for men classed as skilled labourers, i/- per day more for men in charge of plant, etc., 2/- per day more for men of necessarily exceptional physical qualities, etc., such as stokers; and 3/- per day more for artisans fully trained.^^ The margin between the basic and the secondary minimum follows the margin usually adopted in the time of unregulated practice.

    • Marine engineers, 10 Com. Arb. 532 (1916).
  • • Butchers, 10 Com. Arb. 485 (1916). *' Gas employees, 11 Com. Arb. (1917).