International court confirms workers’ right to strike

Australian unions have welcomed a ruling from the International Court of Justice (ICJ), which confirmed that workers’ right to strike is protected by the international organisation’s Convention 87.

Employer organisations, led by the International Organisation of Employers (IOE), had argued that there is no such right in international law. This includes the Australian Chamber of Commerce and Industry (ACCI), which is a member of the IOE and the International Labour Organization (ILO).

The International Labour Organization, which sets and oversees international labour standards, refused to accept such rulings in 2012, leading to a deadlock in the organisation, which lasted for 14 years. This is despite the organisation’s recognition of the international right to strike in its jurisprudence since 1952.

The ICJ recalled that on 10 November 2023, the governing body of the International Labour Office adopted a resolution by which it requested the ICJ to render an advisory opinion.

In its resolution, the governing body stated that it is “conscious that there is serious and persistent disagreement among the organisation’s tripartite constituents on the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948”.

Fundamentally, employers objected to the right to strike, debating that it is not clearly stated in ILO Convention No. 87 on Freedom of Association and was created by overreaching legal interpretation.

The court’s recent legal ruling marks a significant moment for the ILO, upholding the rules-based approach to setting down international labour standards.

The Australian Council of Trade Unions (ACTU) highlighted that the recent ruling gives a huge boost to workers worldwide, with the right to strike being strongly linked to better wages and safer workplaces across the world.

Further, the unions recognise that the ruling has also assisted in decreasing economic inequality, as well as strengthening and promoting democracy.

Michele O’Neil, the ACTU president, noted the importance of the right to strike being protected under international law.

“[The ruling] will give workers a stronger voice to bargain for better wages, safer workplaces, and fairer and more democratic societies,” O’Neil said.

“Australian Unions welcome and respect this ruling and look forward to working within the ILO to ensure the protection of the right to strike.”

The ruling proves to be an integral moment for workers in both Australia and in countries with restrictive strike regimes, or where respective courts have rejected workers’ general right to strike.

“The right to strike is an essential part of workers being able to organise and win safer and fairer workplaces in Australia and across the world,” O’Neil said.

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