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ARTICLE · 03 SEPTEMBER 2025

Use of AI criticised by FWC

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Recent decision highlights considerations for HR professionals arising from the relying on AI models or apps for legal advice in FWC matters.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
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A recent decision by the Fair Work Commission highlights various considerations for HR professionals arising from the use of artificial intelligence models or apps in FWC matters, writes Michael Byrnes.

The use of artificial intelligence in a general protections application brought by a former employee has been criticised by deputy president Tony Slevin of the Fair Work Commission in the decision of Mr Branden Deysel v Electra Lift Co. [2025] FWC 2289.

While the use of ChatGPT by the applicant did not prove to be determinative, as his case had a range of other problems (including being brought almost 900 days after the 21-day time limit and there being no "exceptional circumstances" to justify the delay, as required by the Fair Work Act), it was apparent that the use of the AI model may have either led to, or encouraged, the applicant to bring the claim, by giving poor "advice" as to the merits of his claim.

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Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

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