New GenAI requirements in the Fair Work Commission
29 October 2026
As of 20 October 2026, the Fair Work Commission has implemented new requirements for the use of generative artificial intelligence (GenAI) in Commission cases. These requirements are set out in the Commission’s Guidance Note: Use of generative artificial intelligence Commission cases.
Key obligations for all parties appearing in the Fair Work Commission include:
- where GenAI is used to prepare a document to be lodged in a Commission case, parties must state in the document that GenAI was used, and describe how it was used;
- all documents must be checked for accuracy and relevance, with the document stating that this oversight has occurred; and
- documents that are witness statements or declarations must be checked to ensure that it reflects the individual’s own words and is true to the best of their knowledge.
The Guidance Note contains additional (more onerous) obligations applicable to legal practitioners and professional representatives. The Guidance Note states that, in addition to complying with the requirements in this Guidance Note, a legal practitioner must maintain high ethical standards and comply with their professional obligations in any use of GenAI in a Commission case. It further states that where a professional representative uses GenAI to prepare any document that is to be lodged in a Commission case, hyperlinks to all case law referred to in the document must be provided (where available).
Last Updated on 28/10/2026