Tag: Australia

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The draft guidance note acknowledges that GenAI tools may be used to assist litigants to produce applications, responses, submissions, witness statements, and other documents for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.

Continue reading “Australia’s Fair Work Commission Guidance for Use of Generative AI”

The Law

Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including refusing to monitor, read or respond to contact from the employer or a third party outside of working hours unless the refusal would be “unreasonable.”

While “contact” is not defined in the legislation, it is likely to include any form of contact including email, text or social media messages (e.g., WhatsApp) and phone calls.

The law contains a nonexhaustive list of factors that should be considered when determining whether an employee’s refusal is “unreasonable,” including:

• The reason for the contact
• Whether the employee is compensated or paid extra for being available to be contacted to perform work within a specific period or working additional hours outside of their ordinary working hours
• The nature of the employee’s role and level of his or her responsibility
• The employee’s personal situation such as family or caring responsibilities

Continue reading “Australia Set to Join Growing List of Countries Recognizing “Right to Disconnect” From the Workplace”