New guidance requires GenAI disclosure in unfair dismissal and other Commission cases from 20 October
The Fair Work Commission (FWC) has published its final Guidance Note on the use of generative artificial intelligence (GenAI) in Commission cases, requiring anyone who uses tools such as ChatGPT, Claude, Copilot or Gemini to prepare an application, submission or witness statement to disclose that use and verify the accuracy of the resulting document.
The rules take effect on 20 October 2026 and apply to all individual rights matters, including unfair dismissal and general protections applications.
President Justice Adam Hatcher said the reform responds to "unprecedented growth" in the tribunal's workload, which he attributes principally to the spread of GenAI tools among applicants rather than to any shift in the labour market. By the end of the 2025–26 financial year, the Commission's total caseload is expected to have grown by more than 70 per cent over three years.
The Guidance Note, released alongside a research report and updated online resources, sets out three requirements for anyone using GenAI to prepare a Commission document:
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