September 3, 2026 
The Fair Work Commission has announced new requirements for the use of generative artificial intelligence (GenAI) in Commission proceedings, marking a significant new framework for governing AI use in workplace dispute resolution. The new requirements will apply from 20 October 2026.
The changes aim to improve transparency and ensure documents submitted to the Commission remain accurate, reliable and based on genuine evidence, even where AI tools such as ChatGPT, Copilot, Gemini or Claude have been used to assist with document preparation.
Key Takeaways
- New GenAI requirements will apply in Fair Work Commission matters from 20 October 2026.
- Parties must disclose when and how AI has been used to prepare documents.
- Users must verify that AI-generated content is accurate and relevant before lodging documents.
- Witness statements must remain based on the witness’s own knowledge and words.
- Failure to comply may result in documents being given less weight or disregarded by the Commission, costs orders being made, or, in some circumstances, a case being dismissed.
What Has Been Announced?
On 24 August 2026, Justice Hatcher, President of the Fair Work Commission, announced a new AI Guidance Note together with updated Commission forms and supporting resources. The measures are designed to help parties use AI responsibly while maintaining confidence in the Commission’s processes.
The Commission stated that the use of AI in workplace matters has grown rapidly in recent years, with AI-generated content is increasingly appearing in applications, submissions and other documents lodged with the Commission.
What Are the New Requirements?
The Guidance Note introduces three core obligations for parties using GenAI in Commission cases.
1. Disclose AI Use
Anyone using GenAI to prepare a document must state that AI was used and explain how it was used.
2. Verify Accuracy and References
Anyone using GenAI must personally review the document and confirm that all information is accurate, relevant and supported by evidence. This includes checking that facts are correct, legal authorities exist and support the arguments being made, and any quotations or references have been accurately reproduced. The Commission makes it clear that these checks must be completed by a person and cannot be delegated to another AI tool. Professional representatives must also include hyperlinks to any case law referenced in documents prepared using GenAI.
3. Protect the Integrity of Witness Statements
Where AI is used in witness statements or declarations, the witness must ensure the content reflects their own knowledge and words and is true to the best of their knowledge.
Why Has the Commission Introduced These Rules?
According to the Commission, AI can improve access to justice and help parties prepare documents more efficiently. However, it also presents risks. The Guidance Note highlights concerns including:
- Incorrect legal information
- Outdated authorities
- Fabricated cases and citations
- Misleading information
- Privacy and confidentiality risks
The Commission stresses that AI should not be relied on as a substitute for legal advice or legal research.
Fair Work Commission Publishes AI Guidance and Prompts
In addition to the new requirements, the Fair Work Commission has published practical guidance and suggested AI prompts to help parties use generative AI more responsibly in Commission matters. The prompts encourage AI tools to rely on authoritative Fair Work sources, avoid generating incorrect legal authorities, identify gaps in available information, and clearly distinguish between facts, legal information and analysis. According to the Commission, the guidance is designed to help users obtain more accurate, balanced and reliable responses when using AI in workplace-related matters.
What Does This Mean for Employers?
For employers, the new requirements reinforce the importance of reviewing AI-generated content before it is submitted to the Fair Work Commission. While the Commission is not prohibiting the use of tools such as ChatGPT, Copilot, Gemini or Claude, it is making clear that responsibility for the accuracy, relevance and reliability of documents remains with the party submitting them.
Employers and workplace representatives using AI to assist with unfair dismissal matters, general protections disputes, witness statements or written submissions should ensure appropriate review and verification processes are in place.
The requirements apply to Fair Work Commission proceedings rather than general day-to-day workplace activities. Therefore, organisations involved in Fair Work Commission proceedings should familiarise themselves with the new disclosure and verification requirements ahead of their commencement on 20 October 2026.
When Do the Changes Take Effect?
The new Guidance Note and updated Commission forms will take effect on 20 October 2026. From that date, parties will be required to comply with the Commission’s disclosure and verification requirements when using GenAI in proceedings.
FAQs
What has the Fair Work Commission announced about AI?
When do the new AI requirements take effect?
Do parties need to disclose AI use?
Can AI be used for witness statements?
What checks must be carried out on AI-generated content?
What happens if the AI requirements are not followed?
Does the Fair Work Commission ban the use of AI?
Do employers need to change their everyday operations?
Disclaimer: This article is general information only and does not constitute legal advice. For the latest guidance, refer to the Fair Work Commission’s official AI resources and publications.
