The Business Council says the NSW Government’s new heavy-handed laws regulating digital work systems will give unions unprecedented access to sensitive information, including personal data and emails, potentially harming workers, consumers and business investment.
BCA Chief Executive Bran Black said the sweeping new powers being inserted into the Work Health and Safety Act are productivity sapping and are being rushed into Parliament without consultation with business.
“These new laws hand unions unprecedented access to any business or worker’s computer system, without notice, to go through emails, personal data and more,” Mr Black said.
“The proposed changes risk slowing Australia’s digital and AI adoption by making everyday business technology harder and riskier to use.
“Tools that help plan workloads or improve productivity could suddenly require significant compliance work, making companies think twice before using them. Combined with the threat of union inspections, the proposed reforms would put a chilling effect on innovation, driving down Australia’s competitiveness.
“At a time when every state and territory should be focused on improving productivity performance, these changes represent a huge step backwards.”
Under the Bill, a digital work system is defined as “an algorithm, artificial intelligence, automation or online platform”, capturing almost every piece of software used in modern workplaces.
“Giving unions open-ended powers to access and inspect workplace digital systems is dangerous and reckless — it puts the privacy of workers at risk and forces businesses to hand over highly sensitive commercial data without appropriate safeguards,” Mr Black said.
“The NSW Government has introduced the most interventionist AI and digital regulation in the country, and it has done so without sharing these laws with a single business that will be required to comply with them.”
Mr Black said the legislation is far-reaching and captures almost any software used in modern workplaces, from simple rostering tools, to emails and AI-enabled platforms, without properly defining what ‘artificial intelligence’, ‘algorithm’ or ‘automation’ means.
“Workplace technology is already regulated to ensure safety by WHS laws, workplace surveillance laws, discrimination laws and the Fair Work Act — adding more complexity will only increase disputation and undermine productivity.”