Australia’s Fair Work Commission sets rules for AI-assisted filings

Cult of Mac

Australia’s Fair Work Commission will require disclosure of AI use and checks of AI-assisted documents from Oct. 20. About 40% of surveyed applicants in dismissal matters said AI helped prepare or manage cases; the tribunal warns it can invent legal citations.

Filers must explain how AI was involved and check that their documents are accurate, relevant, and supported by real evidence and legal authorities. Witness statements and declarations must reflect the witness’s own knowledge and words. The Commission says AI use is not banned and is publishing practical guidance and prompts.

AI use was more common among self-represented applicants. In a March 2026 case, a worker representing himself told the Commission he had used AI to organize and draft submissions; the decision found he relied on contract terms and award provisions that did not exist. Separately, total lodgments were 40% above the three-year average in the first half of 2025–26; the president attributed much of the longer-term rise to greater AI access, an assessment rather than an official finding.

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