From 20 October 2026, anyone using generative AI in Commission cases must disclose it and have a person verify every fact
New Fair Work Commission rules on the use of generative artificial intelligence (GenAI) take effect on 20 October, placing fresh disclosure and verification obligations on employers, employees and the HR teams that represent them.
Anyone who uses GenAI to prepare an application, submission, witness statement or other document lodged in a Commission case must now say so, have a person check every fact, case and quote, and declare that the check was done. The requirements are set out in the Commission's Guidance note: Use of generative artificial intelligence in Commission cases.
Employment lawyers say the rules cut both ways – and that HR teams defending claims face the same scrutiny as self-represented workers bringing them.
The Guidance Note sets three requirements. First, a party must state in the document that GenAI was used and how. Second, the document must be checked so that every fact and piece of evidence exists, every case, statute and article exists and supports the position claimed, and every quote comes from its stated source. The party must then declare that the check has been done.
That checking must be done by a person. The Guidance Note states plainly that asking the same or a different GenAI tool to review the document does not count.
Third, witness statements and declarations must...
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