Fair Work mandates human verification for AI

The Fair Work Commission has moved from warning about AI-assisted filings to setting formal conditions for using them in workplace cases. On August 24, the tribunal published a guidance note that requires anyone using generative AI to prepare a document for a Commission matter to disclose that use and verify the result before filing it. The rules apply to applications, submissions, witness statements and other lodged documents, according to the Commission. The guidance takes effect on October 20, 2026. ### What exactly has the Fair Work Commission required? The Commission’s guidance note sets out three requirements for parties who use generative AI in preparing a document for a case. First, they must state in the document that generative AI was used. Second, they must check the document and make any necessary changes so that all details are correct and relevant, and state that they have done so. Third, if the document is a witness statement or declaration, the person must check that it is based on their own knowledge and true to the best of their knowledge. (fwc.gov.au) The Commission’s public guidance names ChatGPT, Claude, Copilot and Gemini as examples of tools covered by the rule. It also says generative AI should not be used as a substitute for legal advice. ### What kinds of errors is the tribunal trying to stop? The guidance note says users must ensure that factual references are correct and that the facts or evidence actually exist. (web-prd.fwc.gov.au) It also says parties must check that cited cases, legislation, textbooks and articles exist, support the legal propositions attributed to them, and that any extracts or quotations are accurate and attributed to the right source. (fwc.gov.au) The Commission said in March that the draft guidance was part of reforms to manage what it called an “unprecedented GenAI-driven increase” in its workload. In that earlier statement, the tribunal said the draft was aimed at problems AI use can create for both parties and the Commission. (web-prd.fwc.gov.au) ### What happens if someone ignores the rule? The guidance note says non-compliance may affect a party’s case. The document lists several possible consequences, including the Commission giving documents less weight, disregarding them, ordering a party to pay another side’s costs, or dismissing the case. (fwc.gov.au) The Commission’s consumer-facing guidance also frames the rule as a responsibility issue for self-represented parties and others using AI to help draft material. It says users must follow the specific requirements whenever generative AI is used to prepare a filing in a Commission case. ### Does this apply to witness statements too? Witness statements and declarations are covered, but the Commission has imposed an extra safeguard. (web-prd.fwc.gov.au) If AI is used in preparing that kind of document, the witness must check that the statement is based on their own knowledge, reflects their own words and is true to the best of their knowledge, the Commission said in its August 24 announcement. (fwc.gov.au) That requirement addresses one of the clearest risks in AI-assisted litigation documents: a statement may read polished while no longer reflecting what the witness actually recalls or intends to say. The Commission does not ban AI use outright, but it places responsibility for the final content on the human filer or witness. That is an inference from the verification and declaration requirements set out in the guidance note. (fwc.gov.au) ### When do the new rules start, and where will parties see them? The Fair Work Commission said the guidance note applies from October 20, 2026. The tribunal also said its application and response forms will be updated by that date to help parties comply. The Commission has also published a dedicated page, “Using AI to help you with your case,” alongside the guidance note and related resources. (web-prd.fwc.gov.au) Those materials are available through the Commission’s website and are intended for parties preparing documents for Fair Work matters. (fwc.gov.au)