ICJ ruling strengthens union case for broader strike rights

A landmark International Court of Justice ruling has affirmed that the right to strike is protected under international labour law, potentially strengthening union pressure for broader industrial action rights in Australia. The advisory opinion, requested by the International Labour Organization, found by 10 votes to four that workers and their organisations have a protected right to strike under the Freedom of Association and Protection of the Right to Organise Convention. However, the court explicitly stated that its finding does not determine any details of how strike action may be exercised, leaving national governments with significant discretion over how the right is regulated.

In Australia, this distinction is critical, as protected industrial action remains tightly confined under the Fair Work Act, generally limited to bargaining periods or imminent safety concerns. Nevertheless, the ruling provides fresh international validation for unions, with the ACTU welcoming the decision, arguing that the right to strike is closely linked to wage growth, safer workplaces and democratic labour standards. Consequently, unions may use the ICJ opinion to push back against Australia’s current strike restrictions, including rules around sympathy strikes, political strikes, industry-wide action, ballot requirements and the Fair Work Commission’s ability to suspend action that threatens economic damage.

Australian legal experts have identified this decision as an inflection point for Australia’s domestic industrial relations laws. The ruling also arrives at a politically significant moment, with unions already testing the limits of newer industrial relations legislation, including “same job, same pay” laws and multi-employer bargaining provisions. The ICJ decision adds another layer to Australia’s broader debate over whether workplace law should prioritise bargaining stability or expand workers’ ability to withdraw labour. The practical impact may be gradual, but the ruling offers unions a powerful new reference point in the next phase of industrial relations in Australia.

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