AI@Work: Parliamentary report recommends amendments to the Fair Work Act to ban the use of AI

Artificial intelligence (AI) tools like ChatGPT, Claude AI, Gemini AI, DeepSeek, Microsoft Copilot, and Meta AI are widely available in Australia, sparking ongoing debate around their safety, reliability, privacy, and data protection.

Automated decision-making (ADM), powered by AI, is also on the rise—seen in technologies like mobile phone detection cameras and airport SmartGates using facial recognition.

As AI and ADM become more integrated into daily life, regulatory frameworks are slowly emerging. For instance, affidavits filed in the NSW Supreme Court must now disclose if AI was used. However, workplace use of AI and ADM remains largely unregulated, though changes may be on the horizon.

The Future of Work report

In April 2024, the House Standing Committee on Employment, Education and Training was tasked with investigating and reporting on the rapid development and uptake of AI and ADM in the workplace. On 11 February 2025, after receiving 66 submissions and holding 11 public hearings, the Committee tabled The Future of Work report in Federal Parliament.  The report makes 21 recommendations focused on:

• Maximising the benefits of AI and ADM in the workplace, including increased support for employers and employees as well as strengthening workforce capabilities.
• Addressing specific risks associated with AI and ADM, such as work health and safety issues and intellectual property concerns.
• Managing high-risk AI systems in workplaces and supporting proposed guardrails.
• Clarifying legal obligations for developers and deployers (employers) of ADM and AI systems as they apply to workplaces.
• Enhancing employee protections, particularly regarding data and privacy, including protections against excessive and unreasonable workplace surveillance, and safeguarding equality and inclusivity.
• Requiring meaningful consultation, transparency, accountability and procedural fairness in the use of AI and ADM.
• Developing public information campaigns to build trust in these technologies and improve understanding of the relevant frameworks for safe and responsible use.