Joint Statement: NSW Government union bill risks sensitive data, investment and jobs

Australia’s major employers are warning the NSW Government’s bill to give unions digital access to every workplace in the state will put sensitive data at risk, disrupt workplaces and seriously undermine housing delivery and major projects across NSW.

The Bill would give union officials access to a wide range of workplace digital systems, including internal emails, personal information, HR and payroll systems, rostering tools, customer databases, financial records and operational platforms.

The Bill exposes highly sensitive personal information, including health data, financial records, contact details and private communications, without adequate privacy protections, or any meaningful cyber security safeguards.

The legislation would apply to every workplace in NSW, from small retailers and hospitality venues to construction sites, housing developments, hospitals, schools, manufacturers, miners and government agencies that hold large volumes of confidential personal data.

Consumers and workers expect their private health and financial information to be protected. This Bill does not provide that assurance and creates unnecessary risk that sensitive data is accessed, copied or removed from secure systems.

Small businesses and frontline managers would be placed under significant pressure, facing penalties if they hesitate or seek advice before granting access to complex systems they may not control

Existing work health and safety laws already impose clear, technology-neutral obligations on employers. They already cover unsafe workloads, rostering practices, surveillance and worker protections.

The Bill does not fix a gap in the law. Instead, it creates sweeping new access rights with weak guardrails and serious unintended consequences.

The impact would be particularly severe for housing construction, major infrastructure, energy and resources projects, where complex digital systems are central to operations. Increased risk, uncertainty and delay would directly undermine housing supply and investment decisions.

Without amendment, the Bill would make NSW an outlier and an investment killer.

We are concerned the Government may attempt to rush the Bill through both houses this week. We are engaging constructively and we are urging Parliament to stop the Bill in its current form and address these fundamental concerns.

Joint statement attributed to;

• Australian Chamber of Commerce and Industry

• Australian Industry Group

• Australian Resources & Energy Employer Association

• Australian Retail Council

• Business Council of Australia

• Council of Small Business Organisations Australia

• Housing Industry Association

• Master Builders Australia

• Minerals Council of Australia

• Tech Council of Australia