The Fair Work Act 2009 (Cth) and the right to strike.

Abstract

This article examines the industrial action provisions of the Fair Work Act 2009 (Cth) in the context of international labour standards which protect the right to strike, particularly the International Labour Organisation's Freedom of Association and Protection of the Right to Organise Convention 1948 (No 87). The article reviews the Fair Work Act in light of three central obligations with respect to the right to strike imposed under international standards: protection of the right of workers to take strike action in support of their economic and social interests, ensuring that the right to strike is not hindered in practice, and only allowing for legal responses to illegitimate strike action that are measured and proportionate. The article concludes that there are substantial areas in which the Act fails to comply with these international obligations and that these failings stem from a broader reluctance by successive governments to respect the autonomy of industrial actors in collective bargaining.