Yes.
Do not give personal information about another person involved in the case to public GenAI.
Do not give confidential information about the case, to public GenAI or to any GenAI that may not keep the information secure from disclosure.
What will happen if you don’t comply with the requirements?
If you do not comply with the requirements, it could affect your case adversely.
For example, the FWC may:
- give your documents less weight or even disregard them.
- order you to pay costs incurred by another party
- dismiss your case.
Even more importantly:
- A person who knowingly gives false or misleading information to the FWC is guilty of an offence.
- A witness commits an offence of they give sworn or affirmed evidence in a case before the FWC and the evidence is false or misleading.
The FWC will modify all its forms in individual right matters so they include an AI disclosure and a declaration that ensures both applicants and respondents declare that they have complied with the requirements of the AI Guidance Note.,/p>
Whether or not you have used AI to prepare your case, you will have to do 2 things:
- Complete the section on the use of AI
- Check the details entered into the form and complete a declaration that you have completed this checking process.
What other resources has the FWC to help parties understand their responsibilities?
The FWC has produced a range of resources to help parties understand what they need to do if they use AI to prepare an application or another document:
Why has the FWC issued the GenAI Guidance Note?
The FWC’s workload
The FWC has experienced unprecedented growth in its workload, particularly in unfair dismissal and general protections claims.
According to the FWC’s President, Justice Hatcher, at the end of the 2025-26 financial year, the FWC’s workload had increased by 70% in the previous 3 years.
The increase is not explained by changes in the labour market.
Instead, the FWC believes is a result of the introduction and increasing popularity of GenAI tools and what Justice Hatcher describes as “the widespread appearance of AI-generated language in applications and other documents lodged in the Commission”.
GenAI: the good, the bad and the ugly
The FWC commissioned research into the use of AI by parties appearing before it.
The key findings were:
- GenAI can improve access to justice.
- Gen AI also lowers the constraints for people wanting to pursue cases who have underdeveloped, poorly evidenced or premised on misunderstandings of:
- legislation
- their rights, and/or
- the facts of their case.
- approximately 40% of surveyed applicants report using AI to prepare and/or manage their case
- sycophantic or hallucinatory AI outputs may reinforce the applicant’s position elevating their expectations and making case management more complex.
The research also supported the hypothesis that AI was contributing significantly to increased application volumes by:
- redirecting applicants who are ineligible to make unfair dismissal claims to the general protections jurisdiction
- lowering the administrative, cognitive and emotional barriers that previously caused some applicants to abandon the process before lodging
- reducing uncertainty around the decision to apply by providing a procedural roadmap and an assessment of prospects, giving applicants greater confidence to proceed.
Source: Fair Work Commission, Guidance note: use of generative artificial intelligence in Commission cases, 24 August 2026, accessed 24 August 2026.
Other resources
Fair Work Commission website: Using AI to help with your case, accessed 24 August 2026.
Fair Work Commission video, Using Gen AI in your case, accessed 24 August 2026.
Fair Work Commission, Justice Hatcher, President, President's statement: Use of AI in Fair Work Commission Proceedings, 24 August 2026, accessed 24 August 2026.
Pivot, Fair Work Commission: GenAI user research: Final Report, n.d. accessed 24 August 2026.
