Was wondering if anyone knows the laws in Queensland about forcing subcontractors to install tracking apps on their phones to go on sites.
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Was wondering if anyone knows the laws in Queensland about forcing subcontractors to install tracking apps on their phones to go on sites.
The Privacy Act 1988 (Com) should answer your question.
1988... I'll leave that there for you to ponder lol.Quote:
Originally Posted by cava
And it's actually not about privacy.
What the hell is going on here!?
It is if a person is being tracked.Quote:
Originally Posted by The Spin Doctor
It's not about forcing people to have a mobile phone, either. But it still amounts to the same thing.
Quote:
Originally Posted by cava
That's secondary, at this point, to being forced to install the app to do ones job.
That act was written in 1988. Correct me if I'm wrong but mobile phones weren't around, let alone tracking apps, so I think it's a bit out of date to address such an issue in a specific manner.
And, have you actually read the act? Ya, that's why I thought I'd ask here.
A lot of major sites in Sydney have work method statements, key aquisition etc accessible by qr code only, in that case the company supplied the phoneQuote:
Originally Posted by Skew ChiDAMN!!
its a bit much insisting someone has it on their personal phone and it has to be a smart phone
I think a lot of this tracking carry on is being pushed thru under the guise of safety especially if the guy is working on his own
I'm glad I'm retired
The Act has been amended several times with the last amendment including Act 13, 2013.
Go straight to the source - Contact us - Home (oaic.gov.au) or in QLD Contact us | Office of the Information Commissioner Queensland (oic.qld.gov.au)
If the device is supplied by an employer and they own the device they can install whatever apps they deem "necessary" to conduct their business, or to provide a "safe workplace." It's a grey area with surveillance in the workplace, and I suspect will require a few legal precedents to be set. Even so there may be limits.
Before COVID came along with more staff / employees / contractors working from home there were many employers (Telstra for one), and many more post COVID with surveillance software ./ apps on PC's, laptops, mobile devices, including vehicles to verify productivity, some with covert CCTV in many workplaces.
If the employee / contractor owns the device then I would not accept an "ultimatum" to install the app without seeking advice from the OAIC / OIC.
I think the OP was referring to subcontractors
In saying that the company has extra leverage in "forcing" the subbies to install it on their phones as in no tracking no contract
, however there is a shortage of trades people presently, so that is something they would have to weigh up between them
I am a sub contractor, in Victoria, and I was asked to install such an app on my phone about 6 mths ago. I said sure, they sent me the link and my old blackberry couldn't down load it. What a shame, I said to the employer, If you want me, you need to give me a new phone or? He said I don''t need the app. Have been working happily without it. All the other workers reckon it's a waste of time, anyway. (I won't bother with details).
Had the same problem (?) during covid with log ins, but everywhere were required to provide paper log ins, so that's what I did. Raised the occasional eyebrow, but most people understand.
Interestingly enough the publisher has pulled the original sign in app from the play store and replaced it with a new app with a similar name... My guess is they needed to as the old app was getting absolutely hammered with 1 star reviews. The tracking is really invasive. This is what it says about its access on the phone. Attachment 522633
See hears the thing also. If they need people to sign into a job site, just provide a website where you enter your details... I might grab a really old phone that won't install the app and just play dumb and say it won't work.
I understood the OP was referring to subbies - just covering all bases.Quote:
Originally Posted by Hodgo
I faced that issue with my then employer, we all did. Constantly being tracked in our job, etc. I was not as under the pump as other staff in other work areas who would be reprimanded for not having completed a job in a "timely manner." Union could not do much about it. Not sure what the sub-contracted workforce faced.
"Forcing" subbies to install an app, through no app - no job, that would raise some interesting legal issues. :rolleyes:
I worked in the fire protection industry in Sydney, I was also union delegate to the plumbers and gas fitters unionQuote:
Originally Posted by Mobyturns
sometimes we would be asked to accompany subbies on site because they didn't have the credentials to get on site off their own bat
after a while preference was given to those subbies that could hold their own, while I'm not talking about tracking at this stage, if the company can pick and choose in that instance, whats to stop them in this case and do they have to nominate any given reason