From 20 October 2026, a new Fair Work Commission (FWC) Guidance Note will address the growing use of generative artificial intelligence (GenAI) in proceedings. It comes as a self-represented litigant credits an ‘AI legal team’ with helping him secure a landmark FWC win.
In June 2026, the Federal Government enacted the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026 to assist the FWC in managing a surge in disputes driven by the use of artificial intelligence by self-represented litigants. In response, the FWC issued a Guidance Note governing the use of GenAI in Commission cases.
Effective from 20 October 2026, the Guidance Note is designed to ensure transparency, accuracy, and ethical compliance in the preparation of documents submitted to the Commission.
