When does the Fair Work Commission AI guidance note apply?
The Commission’s page says the requirements, and the guidance note, apply in all Commission matters from 20 October 2026.
Fair Work Commission
Fair Work Commission AI guidance note
If generative AI is used to create, write, edit or otherwise prepare an application, submission, witness statement or any other document in a Fair Work Commission matter, the Commission’s page says the person must tell the Commission that it was used and how, check the document so that the information is accurate, relevant and supported by real evidence and legal authorities, and state in the document that those checks were done.
For witness statements and declarations, the witness or declarant must also make sure the document is based on their own knowledge, reflects their own words, and is true to the best of their knowledge. Legal practitioners and other professional representatives must include hyperlinks to any case law referred to in documents prepared using generative AI.
The page says failure to follow the requirements can mean documents are given less weight or disregarded, a costs order, or the application or case being dismissed. Personal information and confidential case information must not be entered into public generative tools. Generative AI is not a substitute for legal advice.
20 October 2026
The Commission’s page says these requirements apply to all Commission matters from 20 October 2026, and that the guidance note applies in all Commission matters from that date. The detailed PDF is linked from that page.
Guidance note on generative AI in Commission cases, published with the page “Using AI to help you with your case”
Disclosure checklist
Work through this against the instrument, not instead of it. The checks do not record that the filing is done.
- From 20 October 2026, if a form asks about generative AI and you used it, answer yes and say briefly how.
- If the form has no question, add a note at the start of the document in the form the Commission publishes: that generative AI was used, and how.
- Check the document yourself. State in the document that the check was done.
- For a witness statement or declaration, the witness confirms it is their own knowledge, their own words, and true.
- Practitioners add hyperlinks to case law cited in a document prepared with generative AI.
- Do not put personal information or confidential case information into a public tool. Open the guidance note PDF from the Commission’s page before you file.
Sources
Every Australian court page
Each court has its own note. Open the one named on the file.
- AI practice note: Federal Court of Australia
- FCFCOA AI practice direction
- Fair Work Commission AI guidance note
- Administrative Review Tribunal generative AI practice direction
- SC Gen 23: generative AI in the NSW Supreme Court
- NSW Local Court generative AI practice note
- NSW District Court generative AI note
- NSW Land and Environment Court generative AI note
- NCAT generative AI directions
- Personal Injury Commission generative AI note
- SC Gen 25: Victoria AI practice note
- County Court of Victoria AI guidelines
- VCAT and generative AI
- Queensland courts AI practice direction
- Queensland District Court AI accuracy direction
- QCAT AI accuracy direction
- Queensland Planning and Environment Court and Land Court AI directions
- WA Supreme Court generative AI guidelines
- South Australia courts generative AI guidelines
- SAET generative AI guidelines
- Tasmania court AI practice notes
- ACT court AI practice notes
- Northern Territory court AI practice notes
- High Court of Australia and generative AI
See suggested levels for this court · All court AI notes · Jurisdiction tasks · Law firm AI policy guide · Practice areas
Questions
What must a document say if generative AI was used?
Tell the Commission that it was used and how, check that the contents are accurate and supported by real evidence and authorities, and state in the document that you completed those checks. Practitioners also hyperlink case law.
Does this note apply in the Federal Court?
No. Commission matters follow the Commission’s guidance. Federal Court matters follow GPN-AI. Open the instrument for the forum on the file.