Practice area

Anti-Discrimination & Industrial Relations

Define the intended work in Anti-Discrimination & Industrial Relations, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered: 25
Tasks with a step-by-step checklist: 8
Local differences: 3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Anti-Discrimination & Industrial Relations
Task	How AI is used	Human involvement	What the lawyer must review
Draft a discrimination complaint and the respondent's responseStart this task See suggested levels	From the chronology and documents, draft a complaint or response mapped to the alleged protected attribute, detriment and comparator, with a document list.	YellowClose supervision	Identify the correct forum and time limit Do not file a generated complaint Check health or other sensitive records are handled under the applicable privacy rules
Build an employee-versus-contractor classification issues tableStart this task See suggested levels	From the contracts, rosters and how work is actually done, table control, integration, delegation and payment facts bearing on employee versus contractor status.	RedLawyer-led	Decide classification on the whole relationship; a wrong call invalidates later entitlements advice Confirm which test currently applies
Build an employee-versus-contractor table under the Fair Work Act s.15AA testChecklist Start this task See suggested levels	From the contracts, rosters and actual working practice, table facts bearing on the s.15AA whole-of-relationship test and any employee-like worker jurisdiction.	RedLawyer-led	Apply the s.15AA FWA test (from 26 August 2024) from primary sources: real substance, practical reality, true nature Note s.15AA replaced the contractual-terms focus of CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 Note it also replaced that focus in ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Remember a wrong call invalidates advice on awards, unfair dismissal, NES, super and payroll tax Verify the opt-out for contractors above the s.15AA threshold Check employee-like worker and regulated platform work provisions (Closing Loopholes No.2) Treat those as a separate FWC jurisdiction; confirm the WA state-system boundary (sole traders, partnerships)
Map forum, standing and time limits for the discrimination or workplace claimStart this task See suggested levels	From the facts brief, table candidate forums, standing rules and limitation/time-limit risks with a list of facts still needed.	RedLawyer-led	Decide the forum yourself Verify the current time limit in the statute that actually applies
Assess discrimination risk in the client's recruitment or performance AI toolsStart this task See suggested levels	From the vendor description and the client's process, list protected-attribute risk points, documentation gaps and questions for the vendor.	YellowClose supervision	Treat this as advice on the client's system, not a software assessment of the firm's tools Decide the risk yourself; the list is not a clearance
Advise on AI used in hiring or workplace decisions under federal discrimination statutesChecklist Start this task See suggested levels	From the vendor description the lawyer supplies, list which employment steps the tool touches (screening, monitoring, promotion, firing) for Title VII/ADA analysis.	YellowClose supervision	Apply the EEOC position (April 2024): federal discrimination laws cover AI in these activities Open the current EEOC resources and the statute Check that any 2023 EEOC document is still live
Draft conciliation submissions and a deed of releaseStart this task See suggested levels	Draft a deed of release and conciliation terms from the agreed heads, flagging tax, retirement contributions, confidentiality and regulator-reporting gaps.	YellowClose supervision	Decide the release scope yourself Confirm tax treatment of termination payments independently Check confidentiality does not block lawful regulator reports
Draft conciliation submissions and a deed of release or FWC s.369 termsChecklist Start this task See suggested levels	Draft a deed of release and conciliation terms from the agreed heads, flagging tax characterisation, superannuation, confidentiality and regulator-reporting gaps.	YellowClose supervision	Scope the release; general releases have caught claims not meant to settle Confirm tax (genuine redundancy, damages or income; ETP under ITAA97 Div 82) or refer to a tax adviser Check superannuation on back-pay Check confidentiality does not stop reports to the AHRC, FWO or WHS regulator or engage the s.47C positive duty Check execution formalities, including state witnessing rules Check the current certificate provision and the 14-day filing window if proceedings follow
Build a discrimination chronology and comparator table from the fileStart this task See suggested levels	From permitted emails, rosters and policies, draft a dated chronology and a comparator table (treatment of the complainant vs named comparators) with document cites.	YellowClose supervision	Decide who is a true comparator; it is a legal issue Do not invent comparators
Compare a workplace policy to the applicable discrimination dutiesStart this task See suggested levels	Map the client's policy against the lawyer-selected duty checklist; list gaps, conflicts with other policies, and practices on file that do not match the policy.	YellowClose supervision	Build the duty checklist from the current statute and any binding standard Check actual practice; policy language is not compliance if practice differs
Draft a reasonable-adjustments issues list from the medical and role documentsStart this task See suggested levels	From the role description, medical certificates the lawyer has cleared, and the request, list possible adjustments, operational impacts and information still needed.	YellowClose supervision	Decide unjustifiable hardship or reasonableness yourself Do not load health records into a tool without a clearance decision
Map the client's measures against the positive-duty standardsStart this task See suggested levels	Read the client's policies, training records, complaint and reporting data, risk materials and board papers, and draft a table mapping each existing measure to the relevant standard, carrying the source document name and date onto every row and leaving unsupported standards blank rather than inferring a measure.	YellowClose supervision	Confirm which positive duty applies to this entity and jurisdiction, verify each mapped measure against the source document, and decide what is reasonable and proportionate for this organisation's size, resources and risk before any compliance position is expressed to the client or a regulator.
Prepare the protected action ballot application packStart this task See suggested levels	Draft the Form F34 fields and the draft order to the Commission's requirements from the lawyer's instructions on who is balloted and what action is contemplated, set out the proposed ballot questions for each form of action, and build the timing and service checklist. The tool does not write the Form F34B declaration.	YellowClose supervision	Settle each ballot question against the forms of action actually contemplated and the statutory limits, confirm the nominal expiry date and that lodgement is within the 30-day window, confirm the applicant is a bargaining representative and the agreement type is eligible, verify service on every employer and the ballot agent within 24 hours, and calculate the notice period for any action independently.
Check a right-of-entry notice and prepare the site responseStart this task See suggested levels	Check the entry notice and permit details against the stated requirements for the entry purpose, and draft the compliance note and the site instruction sheet from the firm's template, listing what the permit holder may inspect, copy and ask and which employees they are entitled to represent.	GreenLawyer review	Confirm the permit is current and not suspended and that any exemption certificate is genuine, decide whether the entry is under the Fair Work Act or the work health and safety law because the notice rules differ, confirm the notice period and the correct recipients for that purpose, and confirm any non-member record access has written permission or a Commission order before the site acts.
Issue the notice of employee representational rights and open the bargaining recordStart this task See suggested levels	Populate the prescribed notice with the employer's legal name, the proposed agreement name and the proposed coverage, and build the issue-and-service record from the distribution evidence. The tool adds no other content, wording or formatting to the notice.	GreenLawyer review	Fix the notification time, compare the notice against the prescribed form word for word so that nothing has been added, removed or reformatted, confirm the coverage description matches the proposed agreement, and confirm all reasonable steps were taken to give the notice within 14 days of the notification time.
Build the pre-approval steps record for an enterprise agreement approvalStart this task See suggested levels	Extract the date, method and recipients of each pre-approval step from the bargaining documents into a source-referenced record, compare the dates against the access period and notice windows, and list the steps with no supporting document on the file. The tool does not write the declaration or any part of it.	RedLawyer-led	Verify every date against the primary document rather than the record, decide whether the explanation given to employees was appropriate for that workforce, resolve the notification time where the file is ambiguous, and write the declaration from the verified record.
Take a discrimination complaint from the commission to the court or tribunalStart this task See suggested levels	Draft the application or referral response for the chosen forum from the lawyer's settled grounds, carry the complaint's particulars and the respondent details through into the new document, and build a date table from the notice for the filing deadline.	YellowClose supervision	Independently calculate the deadline from the date on the notice and decide whether an extension application is needed, settle the grounds of unlawful discrimination and the relief claimed, confirm the correct forum for a work-related complaint in that jurisdiction, and confirm the applicant's account of the conduct is in the applicant's own words before filing.
Prepare a work-related sexual harassment application and record the forum electionStart this task See suggested levels	Set out the available routes with their time limits and what each one forecloses, and draft the application fields and the outcomes sought from the lawyer's instructions. The aggrieved person's account of the conduct is taken from their own words and is not generated, extended or smoothed.	YellowClose supervision	Confirm the date the conduct occurred or last occurred against the commencement boundary so the correct form is used, confirm eligibility and the two-year limit, advise on and record the election between the routes, and confirm the account of the conduct is the aggrieved person's own before anything is filed. Check what will be sent to the other side before sensitive material is included.
Build the annual compliance and lodgement pack for a registered organisationStart this task See suggested levels	Draft the timetable and the disclosure checklist for each reporting unit from the required disclosures in the applicable reporting guidelines and the organisation's own rules, and list the items the records do not yet evidence.	GreenLawyer review	Confirm the reporting units and whether any certificate dividing them differently, or any income-based certificate or exemption, is in force for the year, confirm which reporting guidelines apply, and check the meeting and lodgement dates against the Act before the timetable is relied on.
Build the adjustments and consultation record for a student with disabilityStart this task See suggested levels	Extract the consultation and adjustment events from the provider's files — enrolment records, meeting notes, learning plans, correspondence — into a dated per-student record with a source reference on every entry, and list where the file does not evidence consultation, implementation or review.	GreenLawyer review	Confirm each entry against the source document, decide whether the adjustment was reasonable and whether consultation with the student or associate actually occurred rather than was merely recorded, and keep any unjustifiable hardship position separate from the record of what was done.
Audit an AI recruitment tool for discrimination riskChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Map the tool's inputs and outputs against protected attributes.	YellowClose supervision	Lawyer assesses direct/indirect discrimination under state and federal Acts.
Advise an employer on human review of AI HR decisionsChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Draft a review-step procedure for AI-assisted recruitment and performance decisions.	YellowClose supervision	Confirm against discrimination and Fair Work obligations.
Check a self-represented applicant's AI-drafted discrimination complaintChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Compare complaint with commission requirements and flag invented law.	RedLawyer-led	Lawyer verifies every cited authority.
Prepare a Fair Work Commission AI-use disclosure for a filingChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Draft the AI-use statement required from 20 October 2026.	GreenLawyer review	Check the final FWC guidance note wording.
Summarise an employer's AI-related policy suite against workplace lawChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Tabulate AI, surveillance and privacy policies against obligations.	YellowClose supervision	Lawyer confirms state surveillance law applies.
Assess an employer's use of AI in hiring for discrimination riskStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Map the AI screening steps against discrimination law.	YellowClose supervision	Lawyer gives the advice.
Prepare a guide for a self-represented complainant using AIStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Explain verification and disclosure duties when using AI.	GreenLawyer review	Lawyer approves.
Summarise a complaint and the respondent's response into an issues tableStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: General AI-use guidance applied	Tabulate allegations, responses and evidence.	GreenLawyer review	Verify against the documents.

Firm-wide obligations

Firm-wide obligations
Obligation	What it covers
Trust accounting & handling client money	Checks that apply across files.
Costs, billing & litigation funding	Checks that apply across files.
Client-facing & access-to-justice AI tools	Checks that apply across files.
Incoming evidence — deepfakes & synthetic documents	Checks that apply across files.
AI decision systems	Checks that apply across files.
Confidentiality & client information	Checks that apply across files.
AML/CTF — the practice as a reporting entity	Checks that apply across files.

What changes in Australia

What changes in Australia
Topic	What changes
Scope	Hiring, terms, discipline, termination, bargaining and tribunal litigation, under a dense, frequently amended federal and state/territory scheme.
Deadlines and onus	Strict time limits (21 days for unfair dismissal), jurisdictional thresholds, and a reversed burden of proof in general protections matters.
Recent change	Closing Loopholes Acts 2023–24; s.15AA employee/contractor definition from 26 August 2024; Respect@Work positive duty enforced from December 2023; Anti-Discrimination Act 1991 (Qld) amendments unsettled as at mid-2026.
Court AI rules	FWC draft Guidance Note (exposure draft 24 March 2026; comments closed 10 April 2026; not final as at mid-2026) and Federal Court GPN-AI (16 April 2026) change disclosure and verification duties.
Citations	The FWC reports a surge in AI-generated applications, many with fabricated citations and facts. Check which Act applies and that every FWC Full Bench decision cited exists.

What changes in New Zealand

Known here as: Anti-discrimination and industrial relations (Human Rights Act 1993 / ERA)

What changes in New Zealand
Topic	What changes
Discrimination	Human Rights Act 1993, not the Fair Work Act general protections or the AHRC.
Personal grievances	Unjustified dismissal and disadvantage stay under the Employment Relations Act 2000, in the Employment Relations Authority.
Tribunal	The Human Rights Review Tribunal is listed in the Courts of New Zealand GenAI guidelines.

What changes in United States

Known here as: Anti-discrimination and labour relations

What changes in United States
Topic	What changes
Governing law	Title VII, ADA, ADEA, Equal Pay Act, GINA and the National Labor Relations Act, plus state fair-employment and labour statutes.
AI tools	The EEOC April 2024 explainer treats AI and automated systems as ordinary employment practices for discrimination analysis.
Labour relations	Union and unfair-labour-practice work is the NLRB and state agencies, not the Fair Work Commission.

Precedents for this area

Respondent's response to an Australian Human Rights Commission complaint (Letter, AI use Yellow). Letter for a respondent employer answering a complaint referred by the Australian Human Rights Commission: jurisdiction points, an allegation-by-allegation response with documents, and a position on conciliation.
Positive duty prevention plan (sexual harassment and sex discrimination) (Policy, AI use Yellow). Prevention plan that maps an organisation's measures against the Australian Human Rights Commission's seven standards for the positive duty, with a risk register, actions, owners and measures of success.
Notice of Employee Representational Rights (NERR): issue and service guide (Notice, AI use Green). Guide to issuing the prescribed Notice of Employee Representational Rights within 14 days of the notification time, in the exact prescribed form and with no added content, and to building the service record the Commission will ask for.
General protections (dismissal) claim assessment memo (Memo, AI use Red). Internal memo template that tests a general protections dismissal claim: time limits, forum and election, the protected right or attribute, adverse action, the reverse onus on reasons, exceptions, remedies and next steps.
AI recruitment and HR tool discrimination-risk audit checklist (Checklist, AI use Yellow). Audit checklist for AI screening, ranking, assessment and video-interview tools: maps inputs and outputs to protected attributes, tests for indirect discrimination, checks reasonable adjustments, privacy, human review and vendor terms.
Fair Work Commission generative AI disclosure and checking checklist (from 20 October 2026) (Checklist, AI use Green). Checklist and short statements for complying with the Fair Work Commission's generative AI Guidance Note from 20 October 2026: disclosure of use, human checking, own-words witness evidence, hyperlinked cases and privacy.

All precedents for Anti-Discrimination & Industrial Relations. Signed-in accounts can read the full text.

Related jurisdictions

Australia New Zealand United States