Boss wants AI at work? You have rights & protections

Artificial intelligence is coming to Australian workplaces fast. Automated decision-making, algorithmic management tools, AI-assisted hiring and performance monitoring are not distant possibilities. They're already reshaping how work gets done, how workers are assessed, and what skills are needed to do the job right now.

If your employer is planning to introduce AI in your workplace, they have a legal obligation to consult you before they do it.

What the law says

Under Australian workplace law, employers must consult workers as soon as a decision is made to introduce AI. That means from the moment that decision is taken, not after the rollout and not once the contracts are signed.

Workers have a right to be part of the conversation about how technology changes their jobs and that right is backed by law. It should be meaningful engagement between staff and the employer. Not a tick-box email. Not a zoom meeting informing you that the decision has already been made. 

Union-negotiated enterprise agreements can boost those protections further, with stronger consultation clauses that kick in before a decision is even made, or with specific requirements around AI and automation. That's the power of collective action!  

Remember: There are basic legal obligations for all employers to immediately consult workers regarding AI.

Unions are putting employers on notice

Last week, the ACTU wrote to employer peak bodies across the country making clear that the union movement is watching and ready to act.

Employers who fail to consult when introducing AI will face a coordinated union response. As ACTU Assistant Secretary Joseph Mitchell put it: "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."

The message is simple: Australia is not America. Australian workers have rights, and employers have an obligation to consult. 

What you can do

If AI or automated systems are being introduced in your workplace or if you've heard it's being discussed the time to act is now, not once the rollout has already happened.

• Talk to your delegate or organiser. They can help you understand what consultation rights apply in your workplace and whether your enterprise agreement has stronger protections.
• Document what's happening. If your employer is making decisions about AI without talking to workers, that's important to record.
• Get your workmates involved. These issues affect everyone. Collective awareness is the first step to collective action.

If your workplace is experiencing changes like this and you are not consulted, you have union colleagues and representatives ready to help. Being a union member means workers supporting workers in the workplace to hold up your rights and your protections.

If AI is on the agenda at your workplace and you want to know your rights, get in touch with us.