Abstract
This paper examines employment relations in the maritime industry of New South Wales in the first half of the nineteenth century. It is argued that even prior to the emergence of trade unions and any formalized type of collective negotiation, a systemic and widespread contest for control of the employment relationship is to be found. The courts and the legislature constituted key institutional forums for this struggle, with the colony developing its own maritime labour laws-laws that differed significantly from those of Britain. While much of the dissent on the part of seamen and court-based contests was individualized, there is also considerable evidence of collective action. Maritime employers, too, combined to better pursue their interests. Finally, the paper indicates a flaw in both sides of the new labour history/old labour history debate of the 1980s by demonstrating that, even in the absence of unions, institutions-notably the legislature and the courts-continue to play a central role in the life of workers.
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