FWC Enforces New AI Compliance Standards for Workplace Disputes

Starting 20 October 2026, the Fair Work Commission (FWC) is introducing new requirements governing the use of generative artificial intelligence in Commission proceedings.

The new requirements apply when parties use tools such as ChatGPT, Claude, Copilot or Gemini to prepare applications, submissions, witness statements or other documents for a Commission case. 

The changes come as the Commission manages a significant increase in workload. The FWC expects its total workload to have increased by more than 70% over three years by the end of the 2025–26 financial year, while also dealing with the rapid expansion of GenAI and an increase in self-represented parties. 

The message for employers is clear: AI can assist with workplace disputes, but responsibility for what is submitted remains with the person lodging it.

The Four Requirements for FWC Filings

The FWC’s framework contains three core requirements, with an additional requirement applying to legal practitioners and paid agents.

1. Explicit Disclosure

Any party using generative AI to prepare an application, submission, witness statement or other document for a Commission case must disclose that AI was used and explain how it was used.

From 20 October 2026, some FWC forms will include a specific question about GenAI use. For other documents, parties will need to include a statement at the beginning of the document explaining how GenAI was used. 

The FWC gives examples including using AI to conduct research, organise facts and evidence, transcribe a person’s voice, translate content, write content or edit a document.

⁠Fair Work Commission – Using AI to help you with your case

2. Mandatory Verification

Using AI does not transfer responsibility for accuracy to the technology.

Anyone who uses GenAI must check the resulting document and ensure that its details are correct and relevant to the case.

This includes checking factual claims and evidence, legislation, case law, textbooks and other referenced material, as well as ensuring that quotations are accurate and properly attributed. 

This is particularly important given the risk of AI-generated “hallucinations”, including fabricated cases, legislation, quotations or factual information.

3. Witness Statement Integrity

Witness statements and declarations receive an additional layer of protection.

Where GenAI has been used to prepare a witness statement or declaration, the witness or declarant must check that the document is based on their own knowledge, reflects their own words and is true to the best of their knowledge. 

AI can therefore assist with formatting, transcription or editing, but it cannot replace the witness’s own evidence or create a version of events that the witness does not genuinely recall.

The FWC also provides templates and resources to help parties prepare documents for Commission proceedings.

⁠Fair Work Commission – Templates

4. Required Hyperlinking for HR & Legal Representatives

Professional representatives face an additional procedural requirement.

Where a legal practitioner or paid agent uses GenAI to prepare a document for a Commission case, they must include hyperlinks to all case law referred to in the document. This requirement is currently directed at legal practitioners and paid agents rather than unrepresented parties. 

This is particularly relevant for employment lawyers, paid representatives and businesses relying on external advisers to prepare submissions.

Key Employer Takeaways

The FWC’s framework is designed to promote responsible use of technology rather than impose an outright ban on AI.

However, failing to comply can have significant consequences. The Commission states that documents may be given less weight or disregarded, parties may be ordered to pay costs, and an application or case may be dismissed where the requirements aren’t followed. 

The risks go beyond simply getting a submission rejected.

AI-generated material can contain fabricated case law, incorrect legislation, inaccurate facts or arguments that are irrelevant to the particular dispute. The FWC has specifically identified the rapid expansion of GenAI as contributing to increased workload and disruption at the Commission. 

For employers, this means that AI-generated workplace dispute documents should never be treated as ready-to-submit legal material.

What should employers do now?

Internal HR teams should review their dispute-handling workflows before the new requirements take effect.

In particular, businesses should:

• Establish whether and how AI can be used when preparing workplace dispute documents.
• Require disclosure whenever GenAI has been used in preparing a Commission document.
• Introduce a formal human verification process for AI-assisted documents.
• Check every factual assertion, legal reference, case citation and quotation before submission.
• Ensure witness statements remain based on the witness’s own knowledge and words.
• Keep confidential and personal information out of public GenAI tools. The FWC specifically warns users not to enter personal or confidential case information into public GenAI tools. 
• Ensure external lawyers or paid agents understand the additional hyperlinking requirements.
• Update internal HR and employment dispute procedures before 20 October 2026.

The FWC has also published practical resources and prompts designed to help users understand the risks and responsibilities associated with using GenAI in Commission cases.

⁠Fair Work Commission – AI resources and guidance

AI Is a Tool – Not a Substitute for HR or Legal Judgment

The new requirements don’t mean Australian employers should stop using AI.

Instead, they reinforce an increasingly important principle: the person submitting information to a tribunal remains responsible for its accuracy and integrity.

For HR teams, this means AI can be valuable for research, organising information, drafting and administrative tasks, but every piece of AI-assisted material destined for the Fair Work Commission needs appropriate human review.

With the new requirements coming into effect on 20 October 2026, now is the time for employers to review how AI is being used in workplace investigations, performance matters and employment disputes.

The question is no longer whether AI can help with an employment dispute. It’s whether your business has the right controls in place to use it responsibly.