The government of Victoria is seeking to stop teachers in Victoria continuing with their programme of rolling strike action by using the law An education circular sent out by the education department says: "The department has received advice that a stoppage of four hours may not be compliant with the requirements of the Workplace Relations Act 1996 and therefore may not be lawful."

The Australian Education Union has called this "a desperate measure to try and undermine support" and has taken its own legal advice from senior counsel which is clear that the action is lawful. State AEU President Mary Bluett and Secretary Brian Henderson say in a letter to schools, "The AEU expected that the Brumby Government may attempt to use John Howard's WorkChoices laws against teachers and principals in the same way they did against police and nurses." In the mean time the planned action will go ahead.

 Teachers in catholic schools who are planning a strike on March 7th have also been warned by their employers that a strike may be unlawful