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Workplace surveillance
Last updated January 2026
Undertaking surveillance in your workplace
Surveillance means using a device to watch over a person or persons at work.
A surveillance device includes:
- a data surveillance device, i.e. monitoring input or output of information into or from a computer;
- a listening device, i.e. monitoring conversations or words spoken between two or more persons;
- an optical surveillance device, i.e. recording vision or observing an activity, e.g. CCTV; or
- a tracking device, i.e. determining the geographical location of a person, e.g. GPS.
A business may wish to undertake surveillance of employees for various reasons, including to:
- deter misconduct from occurring;
- obtain evidence of suspected misconduct; and
- monitor workers for workplace health and safety purposes.
Case Law: Toll Transport Pty Ltd T/A Toll Shipping v Transport Workers’ Union of Australia (2018)
In Toll Transport Pty Ltd T/A Toll Shipping v Transport Workers’ Union of Australia (2018), the Transport Workers Union (TWU) and Toll Transport Pty Ltd (Toll) were involved in a dispute before the Fair Work Commission (FWC) involving the proposed installation of surveillance devices in Toll’s vehicles to monitor drivers’ fatigue and distraction.
The TWU argued the surveillance devices would also monitor non-driving activities, which was intrusive, and the recorded information could be used by Toll for purposes other than safety.
Toll argued the surveillance devices were to aid drivers by increasing safety, and the devices assisted Toll to comply with its safety obligations under its enterprise agreement and work health and safety legislation.
The FWC held:
- the safety benefits of the surveillance devices outweighed the TWU’s concerns;
- Toll’s policies explained the use of the devices;
- any footage recorded could be used by either party if a future dispute arose; and
- Toll could use the surveillance devices.
Read more on this case here.