In 1891 FitzGerald stood for
Legislative Assembly as a Labor candidate for the 4 member
district of West Sydney. He was elected first of the 4 Labour candidates, with the party winning 35 seats, the first Labour candidates elected in the Australasian colonies. Labor took a significant number of votes and seats from the 2 previous major parties in the assembly, which were divided on fiscal lines, the and parties, giving Labour the
balance of power. He was on the steering committee of 5 which led Labor at the time, along with
George Black,
Joseph Cook,
Thomas Houghton and
William Sharp. With poor party organisation, the caucus split almost from the day of its first meeting. The fiscal question of free trade or tariff protection was the basis of the division between the parties and Labour was divided as to which was in the best interests of its members. Fitzgerald and Sharp supported protection while Cook and Houghton supported free trade. Black's pragmatic policy of "support in return for concessions" saw Labour support the
Free Trade government of Sir
Henry Parkes until October 1891, switching support to the
Protectionist government of Sir
George Dibbs. He stood unsuccessfully as a protectionist candidate in
1895 (Bathurst),
1898 (Rylstone) and
1901 federal election (Robertson) and as an independent candidate in
1904 (Belmore). In 1909 he re-joined the Labour party, but was again unsuccessful in
1910 (Darlinghurst). He was a member of the central executive from (1911–16) and vice-president of the party in 1912. ==Career outside parliament==