Unions coming for employers that don’t consult workers on AI adoption

“Australia is not America”: Employers that do not consult workers, in accordance with legal obligations, about decisions to introduce artificial intelligence will “face an ACTU-led coordinated response”, unions have warned.

The Australian Council of Trade Unions (ACTU) has written to employer peak bodies, reminding them of their obligations under the law and to consult with workers when they decide to adopt AI, where it is likely to change employees’ jobs or how they do them.

Under the Fair Work Act, employers covered by an enterprise agreement must consult workers when there is a major workplace change likely to significantly affect employees, including, but not limited to, terminations or restructures and changes to hours or job duties. Modern awards also have consultation clauses, requiring employers to consult on significant changes.

In a statement, the ACTU argued that AI, automated decision-making systems, and algorithmic management tools are being rapidly introduced across Australian workplaces, with the potential to significantly alter how work is performed, how workers are monitored and assessed, and the skills required to perform work.

Australian creative workers, journalists, and academics, the peak union body went on, have already endured massive disruptions to their industries, and multinational AI companies have engaged in the wholesale theft of workers’ output.

The news follows previous reporting from HR Leader about how regulation is failing to “sufficiently address” workplace harm from AI, and the surge in workers’ AI anxiety.

ACTU assistant secretary Joseph Mitchell said: “Australia is not America. Australian workers have strong rights that require employers to immediately and transparently engage with their workforce and work out how they will avoid job losses and retrain their workforce.

“Employers have an obligation in law to meaningfully consult with workers and their representatives as soon as a decision is made to introduce AI and before its implementation.

“Consultation is a clear requirement of Australian employers, and the ACTU will coordinate a response to any employer who does not abide by their legal obligation, placing themselves at risk of disputation proceedings and reputation damage.

“Workers do not want to see mass sackings as a result of AI being brought in; workers have a right to a say in how technology is introduced into the workplace.”