28/08/2026
The Fair Work Commission isn’t banning AI. It’s putting accountability around it.
And I think that distinction matters.
From 20 October 2026, if GenAI is used to help prepare documents for a Fair Work Commission matter, its use will need to be disclosed. The person lodging the material must also check that the information is accurate, relevant and supported by genuine evidence and legal authorities.
In other words: "AI wrote it” will not be an excuse.
What I find more interesting than the disclosure requirement itself is what this signals about where workplace relations is heading.
AI is becoming part of how employees, employers and advisers research issues, prepare correspondence and build workplace cases. The answer isn’t pretending people won’t use it.
The answer is putting appropriate human judgement around it.
For employers and HR teams, I think there is a broader lesson here.
AI can absolutely assist with drafting, analysing information and organising thinking. But when we are dealing with employee complaints, investigations, performance matters, disciplinary processes or litigation, someone still needs to own the output.
That means checking the facts. Checking the law. Protecting confidential information. Challenging the AI’s assumptions. And making sure the final document actually reflects the evidence and circumstances in front of you.
AI can assist the decision-maker. It shouldn’t quietly become the decision-maker.
The FWC’s new approach is a pretty good reminder of where that line needs to sit.
