A massive 70% increase in the total overall workload of the Fair Work Commission (FWC) over the past three years, largely attributed to the proliferation and use of AI in unfair dismissal and general protections applications, has led to the publication of a new guidance on the use of generative artificial intelligence (GenAI) in Commission cases (AI Guidance Note).
Effective from 20 October 2026, the AI Guidance Note introduces new disclosure and verification requirements for parties using AI-generated materials in proceedings and makes clear that responsibility for the accuracy, relevance and legal soundness of any application or document remains with the person preparing or lodging the material.
The guidance follows the recent FWC decision in Sadnan Khan v Aldi Pty Ltd [2026] FWC 3144 (Aldi decision), in which the FWC reinforced that parties may face adverse costs orders if they fail to use AI reasonably, including by failing to identify important jurisdictional errors in AI-generated material.
The AI Guidance Note sets out three key requirements that apply if a party uses GenAI to help prepare any document to be lodged in a FWC case, including an application or employer response. In summary, parties must:
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