Lisa Chesters (Bendigo, Australian Labor Party) Share this | Hansard source

On behalf of the Standing Committee on Employment, Education and Training, I present the committee's report entitled The future of work: inquiry into the digital transformation of workplaces, together with the minutes of the proceedings.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—On behalf of the Standing Committee on Employment, Education and Training, I am pleased to present our unanimous report, The future of work, following the committee's inquiry into the digital transformation of workplaces.

The digital transformation reaches all corners of the workplace across all sectors. It affects staff, employers, consumers and the wider community. Artificial intelligence, AI, and automated decision-making, ADM, are contributing to this digital transformation and the evolving future of work. From all forms of AI powered self-serve checkouts to app-driven roster allocations and digitally enabled 24/7 workplace surveillance, Australian workplaces are increasingly using these technologies in a variety of functions. Worldwide, government and industries are exploring how to effectively manage emerging technologies whilst enabling growth in innovation.

To help future proof Australia and its place in an increasingly competitive and digitalised world, it is essential to have the right frameworks and support in place. This includes for employers, especially small to medium sized enterprises; workers; students; and regulators. It is the committee's view that emerging technologies with specific reference to AI or ADM be embraced by workplaces but in a safe, responsible and ethical way. To support this, Australia urgently requires proper safeguards to guide the development and implementation of these technologies. Robust regulation capturing all Australian workplaces and all workers is essential. Increasing investment in research and development into AI and ADM use in the workplace is also needed.

The committee found significant gaps in existing Australian regulatory frameworks regarding AI and ADM in workplaces. Worker protections are lacking, especially in regards to data and privacy. Tackling these issues is paramount to create safe and fair workplaces. Government and industry employers and workers have a role to play in promoting safe, responsible and ethical use of AI and ADM in workplaces. In this report, the committee has made 21 recommendations that focus on maximising the benefits of these technologies in the workplace, clarifying the obligations of technology developers and employers, enhancing privacy and data protection for workers, improving public trust in these technologies and strengthening Australia's workforce and capacities. The committee's report also identified that there are many immense benefits from AI and ADM systems—for example, enhancing productivity and efficiency, improving workplace health and safety, and strengthening compliance.

However, the committee is mindful that a poorly developed and improper use of these technologies can exacerbate workplace issues. For instance, these systems can be inappropriately used for invasion of privacy and workplace discrimination. The government must take a leading role and a proactive role in identifying and managing risks like these. Protection of data and privacy remains a primary concern of the government. The committee shares the public's growing concern around the use of data and privacy in relation to AI and ADM in the workplace. For example, the surge in technology enabling worker data collection by employers is a concern, as well as excessive workplace surveillance that is causing widespread harm to families, business and customers, and the lack of transparency and accountability in procedural fairness in employer decision-making.

The update to the Commonwealth Privacy Act and Fair Work Act could be an important step forward to help address these concerns, such as banning high-risk use of worker data like disclosure or sale of such information to third parties, requiring meaningful consultation and transparency with workers on the use of surveillance measures and data use by AI systems in the workplace and enabling within the Fair Work Commission a focus on dispute resolution for complaints about non-compliance with privacy obligations. These are just some of the many ideas in the recommendations that the committee has put forward. Supporting measures will be needed such as raising awareness of employers' obligations, as well as reviewing the resourcing requirements of the Fair Work Commission and Fair Work Ombudsman to address these concerns.

The committee supports the Australian Department of Industry, Science and Resources's proposed mandatory guardrails to require developers and deployers of high-risk AI to take specific steps across the AI life cycle. The committee recommends that all AI systems used for employment related purposes in workplaces be classified as high risk and should attract these mandatory guardrails.

AI and ADM, as well as workplaces themselves, are constantly evolving. So it is a challenge that our workplaces must step up to meet. The committee notes that this may warrant a review of its report's recommendations to ensure that advancements are captured in any future reforms.

Finally, I'd like to take the opportunity to comment on the current reforms that are being led by the Department of Industry, Science and Resources and the Attorney-General's Department. We did hear from these departments during our inquiry and we note the achievements that they've made thus far and fully support the work that they are doing.

The findings and recommendations contained in this report were informed by over 60 submissions and 11 public hearings. I would like to thank my committee colleagues for their hard work in this inquiry. I'd also like to extend my gratitude to all the individuals and organisations involved in providing submissions and for their appearance at the hearings, particularly the workers who spoke about their experience. Finally, I'd like to thank all the workers that we heard from who are at the front line of this digital transformation who shared their experiences.

This is the last EET committee report that will be tabled in this parliament, so I'd like to take a moment to thank the deputy chair of the committee, the member for Longman, as well as all the committee members, for their involvement and the good spirit in which they engaged with the three inquiries we held. I'd also like to take a moment to thank the secretariat of our committee for their hard work through this term. We would be lost as a committee without the organisation, coordination and way in which our secretariat worked with us. I commend the report to the House, and I move:

That the House take note of the report.

Debate adjourned.

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