MLL5902
Assignment 2
Unique No: 781358
DUE 16 September 2025
, ASSIGNMENT 02
UNIQUE NUMBER: 781358
DUE DATE: 16 SEPTEMBER 2025
Introduction
The scenario presented involves a primary strike at Tough Steel (TS) and a subsequent
strike at an adjacent company, Brown Steel (BS), in support of the TS employees. The
core legal question is whether the strike by BS employees qualifies as a secondary
strike under the Labour Relations Act (LRA) and, if so, what legal remedies are
available to BS should the strike be unprotected. This analysis will explore the legal
definition of a secondary strike, the requirements for it to be protected, and the legal
recourse available to an employer affected by an unprotected secondary strike.
Defining a Secondary Strike
The LRA defines a secondary strike as a strike by employees against their own
employer in support of a strike by employees of another employer. In the given
scenario, the employees of Brown Steel (BS) are not in a dispute with their employer,
but are striking to support the wage demands of the employees at Tough Steel (TS).
This action perfectly aligns with the legal definition of a secondary strike. The LRA does
not prohibit secondary strikes, but it does subject them to specific requirements to be
considered a protected strike. If a secondary strike is unprotected, it can have serious
legal consequences for the striking employees and the union that called the strike.
Requirements for a Protected Secondary Strike
For the strike by BS employees to be considered a protected secondary strike, it must
comply with a number of requirements as set out in the LRA. Failure to comply with any
of these requirements will render the strike unprotected.
• Lawful Primary Strike: The primary strike, which is the strike by AW Union
members at Tough Steel, must be a protected strike. A protected strike is one
Assignment 2
Unique No: 781358
DUE 16 September 2025
, ASSIGNMENT 02
UNIQUE NUMBER: 781358
DUE DATE: 16 SEPTEMBER 2025
Introduction
The scenario presented involves a primary strike at Tough Steel (TS) and a subsequent
strike at an adjacent company, Brown Steel (BS), in support of the TS employees. The
core legal question is whether the strike by BS employees qualifies as a secondary
strike under the Labour Relations Act (LRA) and, if so, what legal remedies are
available to BS should the strike be unprotected. This analysis will explore the legal
definition of a secondary strike, the requirements for it to be protected, and the legal
recourse available to an employer affected by an unprotected secondary strike.
Defining a Secondary Strike
The LRA defines a secondary strike as a strike by employees against their own
employer in support of a strike by employees of another employer. In the given
scenario, the employees of Brown Steel (BS) are not in a dispute with their employer,
but are striking to support the wage demands of the employees at Tough Steel (TS).
This action perfectly aligns with the legal definition of a secondary strike. The LRA does
not prohibit secondary strikes, but it does subject them to specific requirements to be
considered a protected strike. If a secondary strike is unprotected, it can have serious
legal consequences for the striking employees and the union that called the strike.
Requirements for a Protected Secondary Strike
For the strike by BS employees to be considered a protected secondary strike, it must
comply with a number of requirements as set out in the LRA. Failure to comply with any
of these requirements will render the strike unprotected.
• Lawful Primary Strike: The primary strike, which is the strike by AW Union
members at Tough Steel, must be a protected strike. A protected strike is one