‘Draconian’ AMP contracts would allow ‘continuous’ video surveillance of WFH employees

An Aussie bank has asked thousands of staff to agree to “continuous, ongoing” video surveillance, even when they’re working from home.

A major Australian bank has asked staff to sign new contracts giving it the right to carry out “continuous, ongoing” video surveillance of employees, even when they’re working from home.

The Finance Sector Union (FSU) has blasted AMP claiming staff were given one week to sign the “draconian” new contracts, which also give up rights including overtime, penalties and annual leave loading in exchange for a “flat rate” of pay.

The proposed contracts would also allow AMP to require employees to undergo a medical examination by a doctor chosen by AMP.

The FSU says around 2000 staff were issued the new contracts on March 17 and asked to sign and return them by March 24. The union has urged members not to sign and has written to AMP urgently demanding the contracts be revised.

“This is the worst employment contract we have ever seen and it’s easily the worst contract in the finance sector,” FSU national assistant secretary Nicole McPherson told news.com.au.

“We have never seen in any employment contract at any employer clauses of this nature.”

Ms McPherson described it as “a draconian contract that features some very disturbing surveillance and medical privacy provisions” in a statement earlier on Friday.

AMP ‘may carry out continuous’ video surveillance, even of WFH employees. Picture: iStock

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“It is shocking that any employer would propose the right to video monitor its workers in their own homes, force them to undergo a medical examination by the employer’s doctor of choice and give up their right to privacy of medical information,” she said.

“We are advising AMP workers not to sign. It’s not just what’s in the contract but what’s not in it.

“Because AMP refuses to bargain for a new Enterprise Agreement, important rights are in policy, meaning AMP can remove or change things at any time. For example, the new contract does not contain details of any guaranteed pay increase, leave or redundancy entitlements.

“AMP needs to come to the table and urgently negotiate an Enterprise Agreement which would give its workers rights and protection.”

A draft contract, seen by news.com.au, states that AMP “may carry out continuous, ongoing camera surveillance on or around the premises of AMP and in any other place where you work”.

“You consent to reducing any applicable notice period to one day from the date of this Agreement,” it reads.

It also states that AMP carries out “ongoing surveillance of the use of communication and information technology systems” and that from the time an employee starts AMP “may carry out surveillance by any means available”.

FSU national assistant secretary Nicole McPherson. Picture: Sarah Matray/NCA NewsWire

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It says these may include “accessing email accounts and emails”, “accessing files and other information contained on computers, storage devices or communications devices”, “accessing records of internet usage including sites and pages visited, files downloaded, video and audio files accessed and data input” and “use of monitoring, logging and automatic alerting software and other specialised software”.

Under the “medical examinations” clause, the contract states that AMP “may require you to be examined by a medical practitioner of its choice, either before you start employment or during your employment, for the purpose of determining your fitness to work” and that it “may obtain and use the results of these examinations for any purpose relating to your employment”.

The FSU said the clause would mean “workers are giving up their right to privacy between them and the doctor”.

The privacy clause states that AMP may collect, use and disclose employees’ personal information for any purpose related to its business.

According to the FSU, staff are being incentivised to sign the new contracts with a $1000 share plan grant, and if they do not sign, will not be eligible for employee incentive programs.

“These are really important to people who work at AMP, they receive them every year,” Ms McPherson told news.com.au.

“Members are feeling pressured, feeling scared, they’re feeling stressed. They’re telling us they’re incredibly worried about their personal information, confidentiality, about keeping cameras out of their homes ... and generally about the absolutely one-sided nature of this contract.”

Ms McPherson said “one of my personal favourite” clauses meant employees were not able to even take up a voluntary position outside of AMP without prior consent.

“If you wanted to do something like coach your daughter’s netball team on the weekend, if you’re a member of your church committee or Rotary Club, you would have to go and get AMP’s prior written approval,” she said.

The union also alleges AMP is trying to “undermine the right to disconnect” by including a clause in some contracts that requires employees to read and respond to contact from AMP and third parties outside ordinary hours.

“The right to disconnect is an essential entitlement to ensure that employees can keep their work and personal lives separate,” the union said.

“It is appalling that when this law has only been in place for a matter of months, AMP is already trying to avoid providing their employees with this basic right.”

A spokesman for AMP insisted “AMP is not and will not conduct camera surveillance on employees when they work from home”.

“AMP’s updated employee contracts were drafted and reviewed by an external law firm, who verified that all of the contract clauses align with common industry practice used by many other organisations, and comply with current legal requirements,” he said.

Originally published as ‘Draconian’ AMP contracts would allow ‘continuous’ video surveillance of WFH employees