Wednesday, 18 June 2025

 Eden FOSTER (Mulgrave) (10:10): I rise today to speak on the Legislative Assembly Economy and Infrastructure Committee’s report on the inquiry into workplace surveillance. It is a matter of critical importance to every working Victorian, the escalating issue of workplace surveillance and the urgent need for legislative reform, as highlighted by this recent inquiry. This comprehensive report, tabled just last month, is a stark reminder that our current laws have simply not kept pace with the dramatic advancements in surveillance technology. What was once confined to CCTV cameras and call recordings has now morphed into an ever-present digital eye scrutinising every keystroke and every movement. The committee’s findings are deeply concerning. We heard that technologies like key logging, remote screenshotting, wearable trackers, biometric data collection and even sophisticated AI analysis of communications are now commonplace. This is not just about monitoring productivity, it is about a fundamental shift in the power dynamic between employers and employees.

In my capacity as the member for Mulgrave, this issue first came to the forefront for me when I began reading about the treatment of warehouse workers in Dandenong South. They were being subjected to a new coaching and productivity framework, which they labelled ‘the framework’, which set unrealistic performance expectations, resulting in injuries and unsafe work environments. The workers, with the support of the might of the United Workers Union, walked off the job and picketed over the unfair framework, and I was proud to join them.

The more I read the many submissions to this inquiry and the case studies that the report emphasised, it truly opened my eyes to how prevalent workplace surveillance is in Victoria. Workplace surveillance comes in many forms and has hit many of us – or our friends and families – in this place. So let me share just a few examples of how this is playing out in our state. We have seen instances where union members in the finance sector were flagged for disciplinary action not for poor performance but for seemingly innocent phrases captured by AI monitoring, such as simply commenting on the weather. This demonstrates how algorithms can lead to unfair and distressing outcomes. The inquiry also heard from the Australian Nursing and Midwifery Federation about a case where a nurse faced disciplinary proceedings based on partial footage from a security guard’s body-worn camera. Crucially, this footage was not subject to the health service’s own privacy policies, therefore bypassing protections and severely impacting the nurse’s professional standing.

The report also highlighted the alarming trend of function creep, where data collected for one legitimate purpose – say, vehicle safety tracking – is covertly repurposed for performance management or even disciplinary action without the employee’s awareness. This is a profound breach of trust and privacy. This type of pervasive monitoring, often lacking transparency, has severe repercussions. It intensifies work, increases stress, diminishes job satisfaction and can significantly harm workers’ mental and physical wellbeing. It discourages open communication and can even stifle collective action, further entrenching the existing power imbalance.

The committee’s 18 recommendations offer a clear pathway forward. We need new technology-neutral laws that ensure surveillance is reasonable, necessary and proportionate. Transparency, mandatory consultation with workers and clear rules on data collection, storage and use are not merely suggestions; they are essential safeguards for the dignity and privacy of every Victorian employee.

Meanwhile, the minority report by those opposite on the committee suggests deferring to Commonwealth legislation or simply issuing guidelines, in the hope employers will abide by them, citing the administrative burden on businesses. Well, what about the burden on employees? The evidence presented to this committee, including the very real examples I have outlined, demonstrates a clear and present harm to employees. Waiting for national reforms or relying solely on voluntary guidelines is simply not enough to protect Victorian workers from current and emerging surveillance abuses, particularly with fast-developing technologies. The dignity and privacy of our workforce cannot wait. I commend the committee’s chair, the member for Bellarine; the member for Glen Waverley, my neighbour; the member for Pascoe Vale; and the member for Tarneit for their report and recommendations to address this concerning issue.