Workplace Monitoring & Systems Use Agreement

1. What this agreement covers

Blueworks provides workplace systems including rostering and shifts, time and attendance, leave, tasks, team messaging, standard operating procedures, and work health and safety (WHS) tools ("the Systems"). The WHS tools include background workplace audio monitoring used solely to help identify psychosocial hazards — such as bullying, harassment, aggression and work overload — consistent with the duties in the model WHS laws and the Managing Psychosocial Hazards at Work Code of Practice 2024.

2. The monitoring, plainly stated

• What: while monitoring is active for your account, audio near your work device is recorded in the background during your work session.
• How: recordings are uploaded over encrypted connections and transcribed by a third-party speech-to-text provider with personal-information redaction; transcription may be processed outside Australia. Potential hazards are screened automatically and are always reviewed by a person before any action is taken.
• Kept: recordings and transcripts are retained for up to 24 months to meet WHS record-keeping duties, then permanently deleted. Stored data is held in Australia (region ap-southeast-2).
• Not used for: performance management, productivity measurement, or marketing. Access is role-restricted and every hazard decision and export is written to a tamper-evident audit record.
• When it starts and stops: monitoring is activated and deactivated by Blueworks's administrators. It does not operate before the lawful start date for your state or territory (clause 3).

3. Lawful basis in your state or territory

The legal basis for workplace audio monitoring differs by jurisdiction and is set by the listening-device laws of your state or territory (the dedicated workplace-surveillance statutes in NSW and the ACT govern camera, computer and tracking surveillance — not audio). Your applicable schedule is determined by your usual work site:

• Queensland, Victoria, Northern Territory (participant-consent jurisdictions) — your acceptance records your express consent to the recording of workplace conversations to which you are a party, per the Invasion of Privacy Act 1971 (Qld), Surveillance Devices Act 1999 (Vic) and Surveillance Devices Act 2007 (NT).
• New South Wales, South Australia, Western Australia, Tasmania, Australian Capital Territory (all-party-consent jurisdictions) — recording a private conversation requires the consent of all principal parties (Surveillance Devices Act 2007 (NSW) s 7; Surveillance Devices Act 2016 (SA); Surveillance Devices Act 1998 (WA); Listening Devices Act 1991 (Tas); Listening Devices Act 1992 (ACT)). Your acceptance records your express consent; the consent of other people is addressed through the workplace signage and announcement measures in clause 3A, and monitoring at these sites operates only where those measures are in place.
• NSW notice (camera / computer / tracking) — for any camera, computer or tracking surveillance Blueworks conducts, this document is also the written notice under the Workplace Surveillance Act 2005 (NSW) s 10: it states the kind of surveillance, how it is carried out (through your work device and the Systems), that it starts no earlier than 14 days after you receive this notice (or on your first day if given before you start work), and that it is intermittent and ongoing while you remain engaged.
• ACT consultation — for surveillance covered by the Workplace Privacy Act 2011 (ACT), this document is provided as a policy-form notice, and the 14-day period before monitoring starts is your genuine opportunity to consult about and influence how it is conducted. Raise any concerns with your administrator during (or after) this window.

At sites in NSW and the ACT, audio monitoring begins no earlier than 14 days after your acceptance — an objection and consultation window the system enforces automatically. Nothing in this agreement authorises anything a law of your state or territory prohibits, and accepting it never shortens a statutory period.

3A. Signage and other people's conversations

• Blueworks displays prominent workplace signage, and requires verbal disclosure where practical, so that customers, visitors and co-workers are on notice that audio safety monitoring operates — the basis on which their participation in workplace conversations proceeds with implied consent, and on which conversations in monitored areas are not reasonably regarded as private.
• Monitoring must not be used in areas designated private (for example lunchrooms, first-aid and lactation rooms, and any area signed as monitoring-free), and you must follow site instructions about where recording devices may operate.
• If you become aware that signage is missing or damaged at a monitored site, report it to your administrator.

4. What you are agreeing to

By accepting, you acknowledge and agree that:

• you have read this agreement and the Privacy Policy, and have had the opportunity to ask questions;
• you expressly consent to background workplace audio monitoring as described in clauses 2 and 3, including the recording of workplace conversations to which you are a party;
• use of the Systems, including active monitoring, is a condition of your engagement as set out in your employment contract or engagement terms;
• monitoring is administered by Blueworks — it cannot be switched off from your worker account (clause 5 explains how to raise concerns);
• you will not use the Systems to record private conversations of others outside the workplace context, and you will follow workplace signage and instructions about areas where recording must not occur.

5. Raising concerns and objections

• You may raise a concern or objection about monitoring at any time with your administrator or Blueworks's nominated privacy contact. Objections are recorded and responded to.
• Monitoring activation and deactivation is controlled by administrators. If you believe monitoring is operating unlawfully at your site, tell your administrator; you may also complain to the Office of the Australian Information Commissioner (OAIC) or your state's privacy or industrial body at any time.
• Raising a concern, objection or complaint is a workplace right. You will not be subjected to adverse action for exercising it.

6. Your information rights

• You may request access to, and correction of, information held about you, including transcripts of recordings in which you appear.
• Hazard records concerning you are used to protect health and safety and are visible only to authorised roles; every export is logged.
• Retention and deletion operate automatically per clause 2; you may ask your administrator to confirm deletion at the end of the retention period.

7. General

• Versioning: Blueworks may update this agreement; you will be asked to read and accept the new version before continuing to use the Systems. Your acceptance of each version is recorded with its date.
• Severability: if part of this agreement is unenforceable in your jurisdiction, the remainder continues to apply.
• No contracting out: this agreement operates subject to the WHS laws, the surveillance and listening devices legislation of each state and territory, the Privacy Act 1988 (Cth) and the Fair Work Act 2009 (Cth). Nothing in it excludes rights those laws give you.
• Governing law: the law of the state or territory of your usual work site.