'This is putting stress on everyone,' FWC president says on surge in AI-assisted claims

The Fair Work Commission (FWC) is preparing to trial a new requirement mandating parties to disclose whether they used artificial intelligence in their applications, as the agency grapples with a surge of AI-assisted claims over the past few years.

FWC President Justice Adam Hatcher said in a presentation to the Victorian Bar Association that reforms within the tribunal's procedures are needed amid AI-generated disruption.

"The main initiative which is directedly targeted at AI use will be to embed in our procedures a requirement to disclose the use of AI in all forms and documents," Hatcher said.

"We are currently doing this on an ad hoc basis but we will shortly commence public consultation concerning a draft guidance note on the use of AI together with modifications to our forms to systematise this."

Hatcher presented a sample of the AI disclosure requirement form (pictured above), adding that the goal is to modify all its forms to include the requirement.

The FWC president added that the AI disclosure mandate will include witness statement templates, which will come with a warning that any false or misleading evidence will be considered an offence under the Fair Work Act.

AI's impact on FWC workload

The proposal comes following a surge in claims handled by the FWC over the past few years, which Hatcher attributed to the increasing use of AI tools by potential litigants.

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