12/05/2026
Uber Drivers Be warned when lodging a claim using AI !!!
The Fair Work Commission (FWC) and tribunals are currently facing a significant "unsustainable" surge in claims, largely attributed to unrepresented workers—including Uber drivers—using generative AI to file applications.
The "AI Slop" Crisis
Surge in Filings: The FWC has seen an unprecedented jump in its workload, with forecasts predicting up to 55,000 filings for 2025–26, a record level that shows no signs of slowing down.
Inaccurate Information: FWC President Justice Adam Hatcher has warned that AI-generated materials are frequently incorrect, incomplete, or entirely made up. This has led to "unmeritorious" claims where AI gives applicants unrealistically optimistic views of their success.
"Hallucinations" in Court: In specific cases, workers have relied on AI that invented contract terms, misinterpreted laws, and provided non-existent case citations. One Queensland worker faced a rare potential costs order for relying on such "egregious" AI hallucinations.
New Rules and Penalties
To address this, the Commission and courts have introduced strict new measures:
Mandatory Disclosure: New rules require applicants to disclose if AI was used to prepare their documents.
Cost Consequences: While the FWC is traditionally a "no-costs" jurisdiction, it is now issuing warnings that relying on unverified AI material can lead to costs orders against the applicant to pay for the other side's legal fees.