This session will explore the growing impact of artificial intelligence in Australian workplaces and its legal implications. The Honourable Justice Adam Hatcher will examine the impact of AI on employment rights, including algorithmic wage discrimination and automated decision-making involving personal information. Dr Angelo Capuano will continue the discussion, focussing on discriminatory outcomes resulting from AI-driven recruitment practices, whether current anti-discrimination legislation is prepared for such practices and the need for “guardrails” around the use of AI in recruitment, as well as the need to “train” AI and AI providers to avoid bias. Penny Thew will chair and briefly touch on the November 2024 recommendations of the Select Committee on Adopting Artificial Intelligence, the January 2025 Future of Work report from the House Standing Committee on Employment, Education and Training, and forthcoming Privacy Act amendments relating to AI use. The session offers a comprehensive overview of how evolving technologies are influencing workplace law, employee rights, and privacy protections.
PRESENTERS
Justice Hatcher has been appointed a Judge of the Federal Court of Australia and President of the Fair Work Commission since 19 February 2023. He was previously FWC Vice President from 2013. Justice Hatcher was admitted to the bar in 1997 and was appointed Senior Counsel in 2010, practising for over 16 years and specialising in the areas of industrial and employment law. Prior to that, Justice Hatcher was Chief Legal Advisor with the NSW Branch of the Transport Workers’ Union.
Dr Angelo Capuano is a Lecturer in Law at Central Queensland University, where he teaches property law and legal advocacy. His research focuses on discrimination law and technology, with publications in leading journals and a recent book on class discrimination in the workplace. He has also worked as a government lawyer and judge’s associate.
EVENT CHAIR
Penny Thew is a Member of the ALLA National Committee and a Sydney-based barrister specializing in employment and discrimination law. Called to the Bar in 2005, she appears in courts nationwide and serves on tribunals. A Fellow of CIArb and GAICD member, she’s widely recognized for her legal expertise and leadership in professional and policy roles.