The Fair Work Commission has released draft rules to govern how workers, employers and lawyers use generative AI in cases, including mandatory disclosure, accuracy checks and special safeguards for witness statements, and is now calling for public feedback
The Fair Work Commission has moved to formally regulate the use of generative AI in cases before it, releasing an exposure draft Guidance Note that would require parties to disclose when they have used tools such as ChatGPT, Claude, Copilot or Gemini to prepare documents.
In a statement issued on 24 March 2026, Commission President Justice Hatcher said the proposed Guidance Note: Use of Generative Artificial Intelligence in Commission cases is part of a package of reforms aimed at managing an “unprecedented GenAI‑driven increase” in the tribunal’s workload.
By the end of the 2025/26 financial year, the Commission expects its total workload to have grown by more than 70% in just three years. Over the same period, it has observed widespread use of AI‑generated language in applications, particularly unfair dismissal and general protections matters, and a breakdown in the historic link between dismissal‑related lodgments and labour‑market conditions.
Justice Hatcher said it can “reasonably be inferred” that much of this growth is being driven by the increasing use of generative AI tools by potential litigants.
The exposure draft Guidance Note sets out three core obligations that...
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