Yes, your boss is spying on you. Should there be a watchdog on that?

Virtual workplace monitoring is surging in popularity across Australia as bosses try to make staff working from home more productive, but unions warn it leaves workers vulnerable to exploitation and privacy breaches when combined with artificial intelligence.

Australian Council of Trade Unions (ACTU) secretary Sally McManus, who has extracted several work-from-home policies from the government including a right to disconnect, now wants a crackdown on the technology.

Workplace surveillance technology can record how much time employees spend on tasks, track URLs and notify staff when they are being unproductive.Credit: iStock

Roughly half of all Australian businesses use some form of surveillance software, according to a 2023 survey by law firm Herbert Smith Freehills. Loaded onto workplace laptops, it can record how much time employees spend on tasks, take screenshots of their computers and track the websites they access.

But employees have limited rights to take complaints to the Fair Work Commission, as companies routinely require staffers to sign contracts permitting the use of surveillance – either when they start their job or when they log on.

McManus said monitoring software was now enhanced with artificial intelligence to discipline workers for alleged infractions detected on their screens.

She says the government must ensure “AI works for workers … and citizens, not against us”.

ACTU secretary Sally McManus.Credit: Luis Enrique Ascui

The ACTU wants the federal government to establish an artificial intelligence regulator to compel businesses to tell staff how they are using artificial intelligence and to allow both internal and external reviews of its use.

US-based workforce management software company Hubstaff, which has thousands of users in Australia, alerts managers to issues in their teams based on criteria such as unproductive work, low engagement or even overworking.

Hubstaff’s chief technology officer Alex Yarotsky said the company’s insights benefited staff as well as employers.

“We empower employees with break reminders, work-hour limits, and our ‘Insights’ tool, helping them manage their time more effectively,” he said in a statement. “These features prevent burnout, foster healthier work habits and create a positive, transparent workplace.”

But McManus is not persuaded.

“The dangers for workers are everything from health and safety right through to fairness in terms of more profits for the employers and workers not being rewarded for that,” she said.

“Surveillance as well is a big issue in workplaces and AI being used to do that.”

Gilbert and Tobin technology law partner Simon Burns said that workplace surveillance was ripe for reform.

“As long as organisations are clear around what they are doing and it’s usually covered in policies or contracts, that generally counts as employees consenting to be surveilled,” he said.

The Finance Sector Union said its members have extensive experience of bosses monitoring log-ons, call duration, keystrokes and email response rates, but workplace laws do not consider the impact of AI on decisions about employees.

Employment Minister Murray Watt said the inquiry has received around 300 submissions and will be considering them before announcing the next steps.

“We recognise the potential benefits of AI to businesses and workers, and we need to ensure we minimise the risks through providing appropriate protections for workers,” Watt said.

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