An Australian bank has scrapped a new requirement for employees to fit GPS trackers to their company vehicles after the measure was found to conflict with NSW workplace surveillance laws.
Australian Teachers Mutual, a financial institution catering to teachers and their families, rolled out the GPS devices in July under a revised fleet management policy.
The bank said the tracking system was intended to support fleet administration, vehicle oversight, record-keeping obligations and Fringe Benefits Tax reporting.
But Australian Teachers Mutual was later forced to reverse course after concerns about the legality of directing staff to install the GPS devices in their cars were taken to the Finance Sector Union.
A key issue was that the devices could not be deactivated outside working hours, including when employees were using the vehicles privately — a use they were permitted to make of the cars.
The Finance Sector Union said the GPS tracking policy left employees with salary-packaged vehicles, including those used for personal trips, deeply uncomfortable. Some regarded the constant monitoring as a ‘gross violation of privacy’.
It was subsequently determined that the arrangement did not comply with the Workplace Surveillance Act 2005, which prevents employers from surveilling staff when they are off duty.
Australian Teachers Mutual, a bank for teachers and their families, introduced GPS trackers in July as part of a new policy for managing employee vehicles
The bank abandoned the GPS tracking plan after the Finance Sector Union raised legal concerns over workers being told to install the devices in their cars (stock image)
The policy was also flagged as potentially breaching NSW’s Surveillance Devices Act 2007, along with comparable surveillance legislation operating in other states and territories.
Further complicating matters for workers was that the only way to stop the tracking was to uninstall the device – which was a direct breach of the bank’s vehicle policy.
Another complaint raised by workers was the reported lack of consultation prior to the policy’s introduction, which was ‘just presented to staff as something they had to do’.
‘They hadn’t consulted at all, they just bought these things and then their staff were told to install them only to find out it’s illegal in the last month,’ a source said.
Teachers Mutual Bank Limited merged with Australian Mutual Bank in May. It also also operates Health Professionals Bank, Firefighters Mutual Bank, and UniBank as associated brands, and overall has about 280,000 members.
The bank purchased the devices from the company Linxio, which supplies a range of fleet management software and various GPS tracking devices to over 3,500 companies.
According to Linxio’s website, the tools allow businesses to ‘track and manage all your assets with advanced monitoring capabilities and real-time data insights’, through ‘live GPS tracking, historical trip reporting and driver behaviour scores’.
The company’s pricing brochure also states that their fleet tracking software enables real-time location tracking and collates data about driving time, distance travelled, rest periods, and historical routes taken.
‘With Linxio’s software, businesses can actively monitor driving behaviour, including speeding, harsh acceleration, cornering, braking, and idling in real-time,’ the company brochure says.
Finance Sector Union National Assistant Manager, Nicole McPherson, said the rollout only stopped because of the ‘serious concerns’ raised by union members
Linxio supplies a range of fleet management software and various models of GPS tracking devices to over 3,500 companies
Teachers Mutual Bank is now engaged in consultation with the FSU regarding its vehicle tracking practices
A Linxio spokesperson, said they could not comment specifically on the situation at Teacher’s Mutual Bank, but said that its technology did feature privacy controls which enabled tracking and location reporting to be disabled during after work hours.
However, Linxio indicated that the configuration of these settings, and how employees were consulted, were matters for individual employers.
Teachers Mutual Bank did not respond to detailed questions or repeated requests for comment, but it is understood the bank maintains the devices were not used for performance evaluation purposes.
The bank is now believed to be consulting with the FSU regarding its vehicle tracking practices.
The FSU’s National Assistant Manager, Nicole McPherson, said the rollout only stopped because of the ‘serious concerns’ raised by union members about their invasion of privacy.
‘When employers are considering any new systems to monitor workers, the first step is to talk to the workers concerned and their union. Consultation is critical,’ she said.
Ms McPherson also said that workplace surveillance was a ‘growing problem for all workers’ which was ‘destroying trust’ with employers.
‘This serves as a warning to all employers. Workers’ privacy matters and if any employer crosses the line or breaks the law, the FSU will fight it.’