AI is changing Fair Work claims. Employers need better records.

New Fair Work Commission requirements from 20 October 2026

The Fair Work Commission has introduced new requirements governing the use of generative AI in Commission matters.

Where GenAI is used to create, write, edit or otherwise prepare a document, the person using it will generally need to disclose that AI was used, explain how it was used, and confirm that the document has been checked to ensure that the information is accurate, relevant and supported by genuine evidence and legal authorities.

The Commission is not prohibiting employees from using AI.

In fact, research commissioned by the Fair Work Commission found that about 40% of surveyed applicants were already using GenAI to prepare or manage their case.

The concern is that AI can lower the barrier to bringing a claim. It can also transform a poorly expressed complaint into a detailed and persuasive looking application, and in some cases reinforce unrealistic expectations about the strength or value of a claim.

Part of a wider change in litigation

The Fair Work Commission approach is consistent with a broader trend across Australian courts. Courts are increasingly introducing Practice Notes and Practice Directions dealing with the use of AI, with a focus on transparency, verification, accuracy and responsibility for documents filed in proceedings.

The practical lesson for employers is not to fear AI. It is to recognise that employees have greater access than ever to tools that can help them analyse and articulate workplace complaints.

That makes careful management, early advice and a reliable documentary record increasingly important.

If you are dealing with a difficult performance management process, employee complaint or potential workplace claim, obtaining specialist Employment Law advice before key decisions are made can significantly improve your position if the matter later reaches the Fair Work Commission.