Australia's Fair Work Commission introduces guidance on use of generative artificial intelligence

At a glance

• The Fair Work Commission (FWC) has introduced a guidance note on the use of generative artificial intelligence (AI) in FWC proceedings (Guidance). 
• The FWC has experienced a growth in workload by over 70% in the last three years, coinciding with the introduction and popularity of AI.
• The Guidance is intended to address the risks associated with the use of AI in FWC proceedings, including the potential for inaccurate, misleading or fabricated information to be utilised in the FWC.

Taking effect from 20 October 2026, the Guidance sets out three mandatory requirements that must be followed if AI is used to prepare any application or document to be lodged in the FWC.

• Disclosure – A party must state in the document whether AI was used and, if so, how it was used.
• Verification – A party must check the document and make any necessary changes so that all details in the document are correct and relevant to the case. When checking the document, the party must:
• ensure all facts and evidence in the document are correct and that the facts and evidence exist;
• check that all cases, legislation, textbooks and articles exist and support the legal position (hyperlinks* to cases are recommended); and
• ensure all quotes and extracts are correct and come from the sources that they are said to be coming from.

A party must also state in the document that the above verification steps have been taken.

*Professional representatives, which includes human resources professionals and lawyers must include hyperlinks to all case law referred to in the document (provided they are available).

• Witness statements or declarations - If the document prepared is a witness statement or declaration, then that person must check the document and make any necessary changes so that the statement or declaration is based on the person's own knowledge, reflects their own words and is true to the best of their knowledge. This must be stated in the statement or declaration.

If a party does not comply with these requirements, the consequences include:

• the FWC giving less weight to those documents or the documents being disregarded;
• the FWC ordering the party to pay costs incurred by another party; or
• the party's case being dismissed.

Personal information about another party in the proceedings and confidential information must also not be inputted into AI tools.