The Fair Work Commission has released a President’s Statement and accompanying Guidance Note on the use of generative Artificial Intelligence (AI) in Commission proceedings, with the new requirements taking effect from 20 October 2026.
The President noted that the Commission’s workload has increased by more than 70% over the past three years. The Commission notes this trend is not to do with any developments in the labour market, however, is attributed to the growing use of AI. Research cited by the Commission found that approximately 40% of surveyed applicants used AI to prepare or manage their case, with AI influencing an applicant’s decision to commence proceedings and their assessment of their prospects of success.
Under the Guidance Note, parties using AI to prepare Commission documents must:
- Disclose when and how AI was used;
- Ensure the document is accurate and relevant to the case; and
- Where the document is a witness statement or declaration, ensure it reflects the witness’s own knowledge, is in their own words, and is true to the best of their knowledge.
The Guidance Note warns that non-compliance may result in documents being given less weight or disregarded by the Commission, costs orders being made, or proceedings being dismissed. However, the Commission has made it clear that simply disclosing the use of AI will not adversely affect the weight given to a document, provided the Guidance Note is followed.
The Commission will also update its forms to include AI disclosure requirements.
These developments recognise that AI is now a common feature of workplace litigation. While it can be a useful tool, users must remain mindful of its limitations and are ultimately responsible for ensuring material filed with the Commission is accurate and reliable.
If you have any questions about the new requirements or the use of AI in Commission proceedings, please contact a member of our Employment Law team.