22/05/2026
This week the International Court of Justice affirmed that the right to strike is protected under international law. Big corporations and employer organisations attempted to overturn this right internationally, arguing it had no basis in law. Unions fought back, and won.
The ruling gives a huge boost to workers all over the world. The right to strike is strongly linked to better wages and safer workplaces the world over. It has also helped to reduce economic inequality and strengthen and promote democracy.
Without the right to withdraw labour collectively, employers hold all the power at the bargaining table. Bargaining therefore becomes little more than asking the boss nicely.
But under Australia’s current “protected action” system, workers face a labyrinth of red tape and legal hurdles before they can lawfully stop work. Secret ballots, notice periods and ministerial intervention all make it harder for workers to take collective action, while employers retain enormous economic power through restructures, outsourcing and lockouts.
A true right to strike is a worker's most powerful weapon, and the AMWU will campaign for the removal of all legislation that restricts our ability to defend ourselves from the greed and violence of private capital.
