Workers win international right to strike

In case you missed it, an important ruling from the International Court of Justice was handed down last week.

The Court delivered it’s legal opinion, confirming that workers’ right to strike is protected by international law – specifically, by the International Labour Organisation’s Convention 87 (Freedom of Association and Protection of the Right to Organise Convention).

Cool, huh? This ruling gives a huge boost to workers all over the world: the right to strike is strongly linked to better wages and safer workplaces, reduced economic inequality and strengthened democracy, no matter where you are.

It’s about damn time

The International Labour Organisation is the UN body comprised of governments, trade unions and employers that sets and oversees international labour standards.

Despite recognising the international right to strike in its jurisprudence since 1952, employer representatives at the ILO refused to accept these rulings in 2012, arguing that there is no such right in international law.

This led to a 14-year deadlock, which the affirmation last week finally breaks; marking an important moment for the ILO and upholding the rules-based multilateral approach to setting international labour standards.

Meaning workers have a stronger voice to bargain for better wages, safer workplaces, and fairer and more democratic societies.

This ruling is particularly important for workers in countries with restrictive strike regimes or where courts have rejected workers’ general right to strike.

What this means for Australia

Industrial action – including strikes – has been an important tool for workers throughout history in Australia.

But today, there are strict rules around the types of industrial action available to workers and when it can be taken legally. Unions have long criticised the Fair Work Act’s industrial action laws, which limit strikes to collective bargaining or imminent safety risks.

The recent decision opens a path for unions to fight powers to stop industrial action, in court.

The right to strike is an essential part of workers being able to organise and win safer and fairer workplaces in Australia.

Unions welcome and respect this ruling and look forward to working within the ILO to ensure the effective exercise and protection of the right to strike.