Industrial action and the right to strike

Industrial action, in the form of strikes, is a tool used by workers and their unions to attempt to persuade their employers to make positive change in their workplaces. However, the law around the ability to lawfully take such action is relatively complex. In 2022, workers have participated in teachers' strikes, nurses' strikes, train strikes and many other industrial strikes across Australia. The considerable attention that workers' strikes attract has resulted in many employees throughout Australia asking; "what legal rights do I have to take industrial action and to strike?"

Can I strike? Unlawfully refusing to work is, generally, grounds for termination

The starting point in addressing your right to strike (or to take any industrial action including striking), is that refusing to attend work without a lawful reason for the absence (such as being medically unwell/unfit for duties) can be grounds for disciplinary action by an employer.