Penalties and trade union action: four recent cases

As conflict is the driver of industrial relations, so too are the various mechanisms imposed by the state which seek to limit or control it. In Australia, a key issue has been over where these regulatory settings should be set and how courts should interpret and apply the relevant legislation. Based on a review of four recent and important cases this paper shows that the Federal Court appears to recognise the legitimacy of unions carrying out their role in pursuing the interests of their members despite the quite punitive and hostile federal law. Alternatively, in the cases analysed involving the NSW Teachers' Federation, the NSW Industrial Court pursed a far less accommodating judicial approach.