 In 1915 he was appointed to the New South Wales Legislative Council, serving as Vice-President of the Executive Council (1915–19).He was the Representative of the Holman Labor government in the Legislative Council from 1915 until 1916 when Holman and his supporters, including Fitzgerald, were expelled from the Labor Party for supporting conscription.Holman continued as Premier with the support of the Liberal Reform Party, later merging to become the Nationalist Party.