Industrial action
Last updated November 2026
Reviewed by the Australian Unions policy team, November 2026
- Industrial action is taken by workers as part of negotiating better pay and working conditions.
- Legal strikes are only permitted during active enterprise agreement bargaining periods.
- Join your union to ensure you are properly protected when taking industrial action.
What is industrial action?
Industrial action is one of the most powerful tools workers have to win better pay and conditions.
When workers act together by striking, stopping work or imposing work bans, they can put collective pressure on an employer and strengthen their position in bargaining.
Industrial action has changed Australia
Strikes and other forms of collective action have played an important part in improving the lives of Australian workers.
Australian law has long placed restrictions on industrial action. During the twentieth century, unions could face substantial legal penalties arising from strike action. In 1969, union leader Clarrie O’Shea was jailed for contempt of court after refusing to comply with court orders arising from penalties imposed on his union for industrial action. His imprisonment sparked mass stoppages around Australia and marked a turning point in the practical use of the federal penal powers.
In 1993, federal workplace law introduced limited legal protection for industrial action taken as part of enterprise bargaining. Although the laws have changed over time, the Fair Work Act still provides for protected industrial action in the enterprise bargaining context today.
The purpose of industrial action
Industrial action is action taken by workers to try and improve their wages and conditions.
Some examples include strike and work-stoppages, go-slows or protests.
Industrial action has been an important tool for workers throughout history, but today in Australia, there are strict rules around the types of industrial action available to workers and when it can be taken legally.
The best way to improve your wages and conditions and make sure you’re protected is to join your union.
The right to strike
The right to strike or withdraw your labour is an internationally recognised human right.
However, under Australian laws, strikes can only happen during the period in which a proposed agreement is being negotiated.
At all other times, they are unlawful and workers and their unions could face legal consequences.
Even during this bargaining period, there are restrictions. Before workers can take a bargaining strike, they must:
- Have an enterprise agreement that has passed its nominal expiry date
- Be in the process of bargaining for an enterprise agreement
- Apply for a protected action ballot order (which, among other things, involves proving that they are genuinely trying to reach an agreement)
- Hold a secret ballot
- Give their employer three clear days’ notice of the strike (unless the Fair Work Commission has ordered a different notice period)
If these rules are followed, the industrial action may be classified as ‘protected industrial action’.
Except for actions for defamation, workers taking part in protected industrial action are granted immunity from any other action under any state or serritory law. Employers can still retaliate to workers by locking them out without giving notice and for as long as they want.
Strikes in Australia today
There may be a right to strike in limited circumstances during bargaining, but in practice there is no right to strike, except in exceptional circumstances.
Today’s laws still protect workers from victimisation for taking protected industrial action and it is illegal to sack someone for participating in protected industrial action.
The right to strike as understood in international law extends to enabling workers to express their dissatisfaction through employee industrial action with economic and social policy matters that affect their interests.
Frequently Asked Questions
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What is industrial action?
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Industrial action is one of the most powerful tools workers have to win better pay and conditions.
When workers act together by striking, stopping work or imposing work bans, they can put collective pressure on an employer and strengthen their position in bargaining.
Industrial action can include:
- going on strike or stopping work;
- refusing to perform particular duties;
- bans or limits on overtime or other work;
- working in a way that limits or delays work; and
- an employer locking workers out.
Industrial action works best when workers act collectively, have strong support across the workplace and a clear plan for what they want to achieve.
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When is industrial action protected?
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Australian law places restrictions on industrial action. Under the Fair Work Act 2009, workers can take protected industrial action in support of their claims when bargaining for a new enterprise agreement, provided the legal requirements are met.
Usually, this involves:
- bargaining for a proposed enterprise agreement;
- applying to the Fair Work Commission for a protected action ballot;
- workers voting to approve the proposed action; and
- giving the employer the required notice before taking the action.
There are other legal requirements, so it is important to get advice before taking industrial action. Your union can help workers navigate the process, including the ballot and notice requirements, and understand what action they are authorised to take.
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What happens when workers take protected industrial action?
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Protected industrial action has important legal protections. Workers are generally protected from civil liability for taking the action, subject to some exceptions. An employer also cannot lawfully dismiss, discipline or discriminate against a worker, or otherwise take adverse action against them, because they take or propose to take protected industrial action.
Workers are not paid for the time they spend taking protected industrial action. That is why unions often think strategically about the type, timing and duration of action.
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What about unprotected industrial action?
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Industrial action that does not meet the requirements of the Fair Work Act may be unprotected. The Fair Work Commission can order unprotected action to stop. Workers taking unprotected action do not have the same legal protections as workers taking protected action and may be exposed to disciplinary action, as well as other legal consequences.
This is why it is important to talk to your union before taking industrial action. Your union can help workers choose effective forms of action and navigate the legal requirements.
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What if I want to take action at work?
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If workers at your workplace want better pay or conditions, talk to each other and talk to your union.
Your union can help workers:
- build support across the workplace;
- develop bargaining claims;
- organise a protected action ballot; and
- plan industrial action that puts effective pressure on the employer.
Go deeper
Are you already a union member?
Reach out to your union for more specific information about how you and your workmates can make the most of your rights at work.
Not yet a member?
Joining your union is the most powerful decision you can make to protect your rights at work.