AI in Fair Work Matters: What Employers Need to Do
From 20 October 2026, new Fair Work Commission requirements apply when generative AI is used to prepare applications, responses, submissions, witness statements or other case documents.
AI can assist with drafting, but responsibility for the final document remains human. Employers should review their processes now so managers and People & Culture teams understand the disclosure and checking requirements.
What the requirements mean
Under the Commission’s guidance on using AI in a case, anyone using generative AI to prepare a case document must:
- Disclose that AI was used and explain how.
- Personally check that the information is accurate, relevant and supported by real evidence and legal authorities.
- State in the document that these checks have been completed.
Witness statements and declarations must be based on the witness’s own knowledge, reflect their own words and be true to the best of their knowledge. Legal practitioners and other professional representatives must also include hyperlinks to case law cited in documents prepared using generative AI.
These requirements apply to all Commission matters from 20 October 2026. Review the Commission’s full guidance before preparing or lodging documents.
What should employers do now?
Before using AI in a workplace dispute, review the practical steps in your process:
- Check every fact, case, legislative reference and quotation against its source.
- Keep confidential employee information out of public AI tools.
- Add AI disclosure, document-checking and human approval steps to case procedures.
- Ensure witnesses personally review and approve their statements.
Clear responsibilities across managers, HR and People & Culture teams can help ensure these checks happen before documents are lodged.
How we can support you
At The BelRose Group, we assist clients with Industrial and Employee Relations advice, policy development, workplace investigations, dispute resolution and compliant people-management processes.
We can help you:
- Develop or update an AI workplace policy.
- Introduce practical document-checking procedures.
- Prepare managers and witnesses for workplace matters.
- Review processes before documents are lodged with the Commission.
Early preparation can reduce risk and help your organisation use AI responsibly. For support with your Fair Work matters, contact The BelRose Group.
The BelRose Group
Email: Support@BelRoseGroup.com.au
Phone: 1300 308 707
Adapted from our October 2026 newsletter, with requirements checked against the Fair Work Commission’s official guidance on 12 October 2026.
This article provides general information only and is not legal advice. Seek independent professional advice tailored to your circumstances before taking action.