On March 24, 2026, Australia’s Fair Work Commission (FWC or Commission) moved to formalize its stance on the use of artificial intelligence by publishing an exposure draft of its proposed Guidance Note: Use of Generative Artificial Intelligence in Commission Cases.
The draft guidance note acknowledges that GenAI tools may be used to assist litigants to produce applications, responses, submissions, witness statements, and other documents for submission to the Commission. However, it also warns that information generated by these tools may be incomplete, inaccurate, or fabricated. President Justice A Hatcher’s statement accompanying the guidance note explains that the draft aims to address the increase in the Commission’s workload due to the use of GenAI tools by potential litigants.
Historically, there was a clear correlation between the number of dismissal-related applications to the Commission and the state of the labour market. In recent years, however, that correlation has weakened, largely due to the impact of GenAI tools. Between 2024 and 2026, the Commission’s total workload is projected to increase by more than 70% in just three years.
The draft guidance note outlines three requirements for the use of GenAI in preparing applications or other documents to be lodged with the Commission:
- Requirement 1 is to disclose that GenAI was used in the document.
- Requirement 2 is to verify that all details in the document are correct and relevant, including references to facts, legislation, and case law.
- Requirement 3 applies if the document is a witness statement or declarations obliging the witness or declarant to confirm the document is based on their own knowledge and is true to the best of their knowledge.
The Commission has noted that GenAI tools may provide potential litigants with unrealistically optimistic predictions about their likelihood of success, potentially encouraging unmeritorious applications. Additionally, GenAI-generated material may be inaccurate, incomplete, out of date, or entirely fabricated. The guidance note aims to address these challenges, and it is expected that these requirements will be implemented through amendments to the Fair Work Commission Rules 2024 and the addition of new sections to Commission forms and templates.
The guidance note also provides direction on how to comply with the requirements. If the document is a Commission form or template document containing a Use of GenAI section, the user will be able to disclose their use of GenAI and confirm that they have checked the document by completing that section of the form or template. The guidance note advises users not to share personal or confidential information with GenAI tools (such as ChatGPT, Claude, CoPilot, or Gemini), as these platforms may not guarantee the security of the information provided.
Individuals have been invited to comment on the draft by email to the Commission by Friday, April 10, 2026. The draft guidance note, the president’s statement, and an example of a draft Use of GenAI section for the forms and templates section can be found here.
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