Practice area

Employment & Workplace Relations

Define the intended work in Employment & Workplace Relations (incl. WHS), confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered: 35
Tasks with a step-by-step checklist: 20
Local differences: 3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Employment & Workplace Relations
Task	How AI is used	Human involvement	What the lawyer must review
Prepare an award-coverage fact sheetStart this task See suggested levelsWritten for Australia	Organise business activities, actual duties and employment records into a fact sheet and list candidate instruments for the lawyer to investigate.	RedLawyer-led	Determine the applicable industrial instrument and classification Read coverage, exclusions and classification provisions against the actual work
Prepare a minimum-entitlements fact sheet under New Zealand employment statutesChecklist Start this task See suggested levels	Extract the role, hours, leave taken and pay from the file into a fact sheet.	RedLawyer-led	Do not apply a modern award Check the ERA 2000, Holidays Act 2003, Minimum Wage Act 1983 and Wages Protection Act 1983 Confirm which Act applies: the Employment Leave Act replaces the Holidays Act in August 2028
Reconcile payroll evidence before calculating backpayChecklist Start this task See suggested levelsWritten for Australia	Reconcile timesheets, rosters, payslips and payment records by pay period and identify gaps or differences for review.	YellowClose supervision	Confirm hours and payments from the evidence Select the applicable entitlements for each period Validate the calculation independently
Build a dismissal chronology and urgent filing checkChecklist Start this task See suggested levelsWritten for Australia	Extract events from the termination letter, messages and employment records into a source-referenced chronology; flag conflicting dates.	RedLawyer-led	Determine the dismissal effective date, available process and eligibility Calculate the applicable time limit independently and act on it
Build an allegation chronology from permitted documentsChecklist Start this task See suggested levelsWritten for New South Wales	Extract dates, senders and document titles into a chronology limited to the allegations the investigator has listed.	YellowClose supervision	Verify the date, the people and the document Do not let the chronology become a narrative of what happened
Draft the unfair-dismissal or equivalent tribunal application and responseStart this task See suggested levels	Draft the narrative of the tribunal application or employer response from the chronology, mapped to the statutory criteria, with a list of facts still needing a source.	YellowClose supervision	Verify every citation Check time limits and the minimum employment period Check the tribunal's current AI-disclosure rules before anything is filed
Draft an F2 unfair-dismissal application or employer response for the Fair Work CommissionChecklist Start this task See suggested levels	Draft the F2 application or employer response narrative from the chronology, mapped to the s.387 criteria, listing facts still needing a source.	YellowClose supervision	Verify every citation on AustLII or the FWC database (fabricated AI citations: Riley v Nuvei [2026] FWC 75) Check the s.394 time limit: 21 days from dismissal; extension only in exceptional circumstances Check the minimum employment period (s.383): 1 year for small business employers (s.23), otherwise 6 months Follow the FWC exposure draft Guidance Note (March 2026; not final or in the FWC Rules 2024) Disclose AI use, certify the content was checked and hyperlink cited cases Confirm witness statements rest on the deponent's own knowledge
Draft a personal grievance for the Employment Relations AuthorityChecklist Start this task See suggested levels	Build a chronology of employment, dismissal facts and raising of the grievance from the permitted documents.	YellowClose supervision	Run the grievance under the Employment Relations Act 2000, starting with mediation Confirm the path: the Authority, then challenge to the Employment Court Do not use Form F2 or the Fair Work high-income threshold
Draft an interview plan from the allegation listChecklist Start this task See suggested levelsWritten for New South Wales	Draft interview questions from the investigator’s allegation list, with a question for each allegation and room for the person’s account.	YellowClose supervision	Read every question Remove questions that assume the allegation is true or tell the person what to say
Draft a general-protections or retaliation claim and responseStart this task See suggested levels	From the facts brief, identify the protected right or attribute asserted and draft a first-pass claim or response, listing jurisdictional steps still to confirm.	YellowClose supervision	Confirm the correct pathway and time limit Do not let the draft conflate reverse-onus and discrimination tests
Draft a Fair Work Act Pt 3-1 general-protections claim and responseChecklist Start this task See suggested levels	From the facts brief, identify the workplace right, attribute or industrial activity; draft a first-pass claim or response, listing s.365 conference and s.370 steps.	YellowClose supervision	Follow the pathway: s.365 FWC conference, then s.370 application to the Federal Circuit and Family Court Check time limits: 21 days for a dismissal dispute (s.365); up to 6 years after non-dismissal adverse action Check a protected right or attribute is genuinely engaged Do not treat the s.361 reverse onus (employer disproves the protected reason) as a discrimination claim Record the human decision-maker's actual reasons if HR used AI tools; opacity makes the onus harder Verify every citation
Prepare findings without delegating credibilityChecklist Start this task See suggested levelsWritten for New South Wales	Organise the interview notes and documents under the allegation headings so the investigator can write the findings.	RedLawyer-led	Do not adopt generated findings Write the findings from the documents and interviews you have considered
Draft the enterprise or collective agreement and a better-off comparison tableStart this task See suggested levels	Draft enterprise or collective agreement clauses to the lawyer's bargaining instructions and the positions settled at the table, under the lawyer's direction. Build the roster-by-roster comparison against the covering award or minimum instrument the lawyer supplies, as in force at the operative date: for each roster and classification the lawyer nominates, including patterns a prospective employee could be engaged on, set the proposed base rates, penalties, overtime, loadings and allowances beside the award figures, total both, show the gap, and flag every roster that comes out lower. Do not draft or populate the Commission approval declarations (Form F17 or F18) or any undertaking offered under s 190.	YellowClose supervision	Settle every clause yourself against the National Employment Standards, the permitted matters and unlawful terms rules, the model flexibility and consultation terms, the nominal expiry date, and the classification structure the rates hang off. Check the comparator rates against the current award text yourself — award rates move every 1 July — then run the better off overall test for each award covered and prospective award covered employee across foreseeable rosters; base-rate-only modelling misses overtime and allowances, and a flagged gap is a prompt to check, not a finding. The agreement binds employees who voted no and employees hired during its term, so read the final text line by line before it goes out for the access period; after that, changing a word restarts the access period and the vote. Write and sign the approval declarations and any undertaking yourself.
Draft the enterprise agreement and a Better Off Overall Test comparison tableChecklist Start this task See suggested levels	Draft an enterprise agreement and a BOOT table comparing proposed rates with the applicable award, including penalties and allowances on sample rosters.	RedLawyer-led	Remember BOOT failure is a ground to refuse approval (s.186(2)(d)) Run the BOOT yourself for each classification against the current award and all foreseeable rosters Check evening and weekend penalties, shift overtime cascades and NES entitlements Check allowances are preserved or offset Remember intentional underpayment carries criminal wage-theft exposure (Fair Work Act Pt 4-1A) Document the analysis and sign the statutory declarations the FWC requires
Draft the outcome letter from the signed findingsChecklist Start this task See suggested levelsWritten for New South Wales	Draft an outcome letter that follows the investigator’s signed findings and the outcome the decision-maker has chosen.	YellowClose supervision	Read the letter line by line against the signed findings Remove any fact or sanction that is not in them
Draft or review an employment or executive contract, including restraintsStart this task See suggested levels	Produce a first-draft contract from the instructions, or redline the paper against minimum standards and the client's restraint position, with an issues table.	YellowClose supervision	Check minimum entitlements and any award coverage Decide whether the restraint is likely to be enforceable where the employee works
Draft an after-hours contact or right-to-disconnect policy against the current rulesStart this task See suggested levels	Draft an after-hours contact policy from the current rules and the client's systems, listing which employees appear covered and open questions on automated contact.	YellowClose supervision	Confirm commencement and coverage for this employer Check the policy does not paper over adverse action for exercising a disconnect right
Draft a right-to-disconnect policy against Fair Work Act s.333MChecklist Start this task See suggested levels	Draft an after-hours contact policy from Fair Work Act s.333M and the client's systems, listing which employees appear covered and open questions on automated contact.	YellowClose supervision	Confirm commencement: 26 August 2024 (15+ employees); 26 August 2025 (small business employers) Remember adverse action for using the workplace right engages the s.361 reverse onus Check whether automated systems (after-hours scheduling, algorithmic rostering) generate contact Note disputes go to the FWC (s.333N) Note penalties (up to AUD 18,780 individuals, AUD 93,900 corporations) arise only on breach of an FWC order Check any enterprise agreement disconnect term
Support a workplace-safety incident file: chronology, correspondence and noticesStart this task See suggested levels	From permitted incident records, draft a chronology, a list of regulator notice deadlines and a first-draft notification or response for the lawyer.	YellowClose supervision	Decide whether and when to notify the regulator Do not load injured-worker health information into a tool without clearance
Draft a psychosocial-hazard risk register from the workplace materialsStart this task See suggested levels	From policies, surveys and incident records the lawyer has cleared, draft a hazard/control register with document cites and gaps.	YellowClose supervision	Advise the employer on its duty to assess risk Do not treat a generated register as compliance
Draft a psychosocial-hazard register against the model WHS Regulations 2023Checklist Start this task See suggested levels	From cleared policies, surveys and incident records, draft a hazard/control register mapped to the model WHS Regulations hazard types and the Safe Work Australia Model Code of Practice: Managing Psychosocial Hazards at Work.	YellowClose supervision	Confirm the jurisdiction; state rules can differ from the model Regulations Vic: apply the Occupational Health and Safety (Psychological Health) Regulations 2025 (Vic), from 1 December 2025 Confirm the Code: Commonwealth Code of Practice — Managing Psychosocial Hazards at Work (December 2024) Note that Code is under the Work Health and Safety Act 2011 (Cth); state codes differ Treat excessive AI monitoring, productivity tracking or algorithmic scheduling as a named hazard In NSW, check the Work Health and Safety Amendment (Digital Work Systems) Act 2026 (assented 18 February 2026) Note it requires PCBUs to assess AI, algorithm and automated allocation risks; consider the right to disconnect (s.333M)
Draft the workplace policy suite from the client's instructionsStart this task See suggested levels	Produce first-draft conduct, grievance, social-media and investigation policies mapped to the client's existing documents and the issues list.	YellowClose supervision	Check policies match actual practice and the current employment statute Remove promises the employer does not keep; they are a risk
Prepare redundancy and redeployment advice from the roster and contractsStart this task See suggested levels	From the roster, contracts and proposed change, outline redundancy and redeployment advice: service, pay scale, consultation steps and redeployment options on file.	YellowClose supervision	Confirm headcount and the correct pay scale Confirm consultation actually happened Do not use a generated calculation as the payment figure
Prepare redundancy and redeployment advice from the NES and the award or agreementChecklist Start this task See suggested levels	From the roster, contracts and proposed change, outline advice on NES s.119 service and pay scale, award or agreement consultation, and redeployment options on file.	YellowClose supervision	Apply the NES redundancy scale for the years of service Do not add the extra week for over-45s with 2 years' service; it is NES notice (s.117) Check the small business exemption: fewer than 15 by headcount, not FTE, counting associated entities Confirm award or agreement consultation was strictly followed; failure undermines genuine redundancy (s.389) Document a genuine redeployment assessment Correct errors before the FWO sees the figures; underpayment can bring criminal exposure (Pt 4-1A)
Draft conciliation or hearing submissions for the employment tribunalStart this task See suggested levels	Draft a submissions outline and chronology for conciliation or hearing, mapped to the applicable test, with authorities the lawyer asked to consider.	YellowClose supervision	Verify every citation Apply the right test; unfair-dismissal, general-protections and genuine-redundancy tests differ Check the tribunal's current AI-disclosure rules
Draft conciliation or hearing submissions for the Fair Work CommissionChecklist Start this task See suggested levels	Draft a submissions outline and chronology for FWC conciliation or hearing, mapped to the applicable test, with the FWC authorities the lawyer asked to consider.	YellowClose supervision	Verify every citation on AustLII or the FWC database (see Riley v Nuvei [2026] FWC 75) Disclose GenAI use as the FWC exposure draft Guidance Note (March 2026, not final) requires Certify the content is checked and hyperlink cited cases (practitioners and paid agents) Confirm witness statements come from the deponent's own knowledge Remember non-compliance risks adverse credibility findings, costs or dismissal Apply the right test: s.387 unfair dismissal; s.361 reverse onus; s.389 genuine redundancy
Draft a without-prejudice settlement deed and tax-treatment checklist for a terminationStart this task See suggested levels	From the agreed heads, draft a deed of release, payment schedule and a list of tax, retirement-benefit or superannuation points for the lawyer to confirm.	YellowClose supervision	Decide consideration, release scope, confidentiality and non-disparagement yourself Decide any regulator-reportability yourself Confirm tax treatment independently; the generated checklist is not tax advice
Build a roster and classification comparison for a proposed changeStart this task See suggested levels	Compare current rosters, classifications and proposed new hours against the applicable instrument; list underpayment and consultation risks.	YellowClose supervision	Decide coverage and classification yourself Use the comparison only as an aid to reading the award or agreement
Prepare a Fair Work Commission application under the AI guidance noteChecklist Start this task See suggested levelsCommonwealth only	Check the draft against the guidance note and complete the AI disclosure and declaration in the modified forms.	YellowClose supervision	Verify every fact and reference and sign the declaration personally.
Identify applicable award provisions and allowancesChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Map role facts to award clauses and allowances.	YellowClose supervision	Lawyer verifies coverage and classification.
Prepare FWC documents with the required AI disclosureChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Draft disclosure from 20 Oct 2026.	GreenLawyer review	Check the final guidance note.
Advise an employer on AI in HR processesChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Draft advice on AI rostering, performance and termination tools.	YellowClose supervision	Lawyer confirms Fair Work and discrimination limits.
Summarise underpayment payroll data for an auditChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Extract pay periods and rates for a calculation sheet.	YellowClose supervision	Payroll expert verifies.
Review a self-represented worker's AI-assisted unfair dismissal applicationChecklist Start this task See suggested levelsWritten for AustraliaAustralia only	Flag fabricated cases and missing elements.	RedLawyer-led	Lawyer verifies every authority.
Draft an employee AI acceptable-use policyStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Draft policy covering approved tools, data and discipline.	YellowClose supervision	Lawyer adapts to the awards and enterprise agreement.
Advise on consultation duties when introducing AI at workStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Map award and EA consultation clauses.	YellowClose supervision	Lawyer advises.
Prepare FWC application material with GenAI disclosureStart this task See suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in links	Draft with the required GenAI statements.	YellowClose supervision	Lawyer verifies all content.
Prepare an unfair dismissal application for filing in the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Draft the application narrative from the employment dates and the client's instructions.	YellowClose supervision	Tell the Commission how generative AI was used, check every fact against the instructions, and say in the document that those checks were done.
Prepare the applicant's witness statement for an unfair dismissal hearing in the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Turn the proofing note into a draft statement for the witness to accept or reject sentence by sentence.	YellowClose supervision	The witness confirms the statement is their own knowledge, their own words, and true. State the generative AI checks in the document.
Prepare written submissions for an unfair dismissal hearing in the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Draft submissions from the evidence and the authorities the lawyer has opened.	YellowClose supervision	Add hyperlinks to any case law in a document prepared with generative AI, and state that the checks were done.
Prepare a general protections dismissal application for the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Draft the application from the dismissal facts and the client's instructions.	YellowClose supervision	Check the adverse-action account against the instructions. State in the document that the generative AI checks were done.
Prepare the employer's response to an unfair dismissal application in the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Draft the response from the employer's instructions and the application.	YellowClose supervision	Remove any reason for dismissal the employer did not give. State the generative AI checks in the response.
Prepare a chronology of the employment for a Fair Work Commission conferenceStart this task See suggested levelsWritten for AustraliaCommonwealth only	List employment dates from the contract, warnings and termination letter.	YellowClose supervision	The chronology is a Commission document. Check every date and state that the generative AI checks were done.
Prepare a stop-bullying application for the Fair Work CommissionStart this task See suggested levelsWritten for AustraliaCommonwealth only	Draft the application from the client's account of the conduct and the workplace.	YellowClose supervision	Check each incident against the client's account. Do not put personal information into a public generative AI tool.

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
Instruments	Fair Work Act 2009 (Cth), 122 modern awards, enterprise agreements, the National Employment Standards, state and territory WHS Acts based on the model Work Health and Safety Act 2011, and anti-discrimination laws.
Frequent change	These instruments are amended often and commission proceedings are high-volume. Check the current version before relying on any rate or rule.
Citations	Fabricated case citations have been identified and criticised in Fair Work Commission proceedings.
Wage theft	The criminal wage-theft offence (Fair Work Act Pt 4-1A, from 1 January 2025) means calculation errors can lead to prosecution, not only civil liability.
Limits on AI assistance	The lawyer recalculates every BOOT. A deficient BOOT risks non-approval and, if underpayment is intentional, criminal liability (Fair Work Act Pt 4-1A). Check every period, rate, classification and super item in underpayment figures; errors can lose the Cooperation Agreement pathway or Small Business Code cover. Regulator letters (SafeWork, WorkSafe, FWO) need lawyer review: they can make binding admissions, waive privilege and commit the client to remediation. Whether underpayment was 'intentional' (s.327A) is the lawyer's judgment on privileged instructions; it separates prosecution from civil enforcement.

What changes in New Zealand

Known here as: Employment (Employment Relations Act 2000)

What changes in New Zealand
Topic	What changes
Governing Act	Employment Relations Act 2000: good faith, mediation first and personal grievances. No modern awards and no Fair Work Commission.
Forums	Employment Relations Authority first, then challenge to the Employment Court. Both are listed in the Courts of New Zealand GenAI guidelines.
Minimum entitlements	Holidays Act 2003 (to be replaced by the Employment Leave Act in August 2028), Minimum Wage Act 1983, Wages Protection Act 1983, Parental Leave and Employment Protection Act 1987, Equal Pay Act 1972.
Health and safety	Health and Safety at Work Act 2015, enforced by WorkSafe.
Limits on AI assistance	Do not draft a Form F2 unfair-dismissal application or apply a modern award to a New Zealand employee.

What changes in United States

Known here as: Employment and workplace law

What changes in United States
Topic	What changes
Governing law	No Fair Work Act analogue. Federal: Title VII, ADA, ADEA, FLSA and NLRA, plus state wage-and-hour and anti-discrimination statutes.
EEOC position	The April 2024 explainer says discrimination statutes apply to AI in recruiting, hiring, monitoring, pay, promotion and firing. ADA-specific AI materials are still published.
State overlays	California's 2026 Practical Guidance flags bias risk under Rule 8.4.1. Colorado SB26-189 adds ADMT duties from 1 January 2027, which can cover employment.
Limits on AI assistance	Do not advise that an employer’s hiring model is ‘EEOC-cleared’ from a generated summary. Open the current EEOC page and the statute.

Precedents for this area

Employment contract (award-covered and award-free variants) (Agreement, AI use Yellow). Plain-English employment contract for ongoing, fixed-term or casual staff, with award-covered and award-free variants, NES-safe leave and notice terms, and IP, confidentiality, AI-use and restraint clauses.
Fair Work Information Statement, Casual Employment and Fixed Term Contract Information Statements: when and how to give them (Notice, AI use Green). Link to the Fair Work Ombudsman's current information statements, with a guide to which statement each new or casual employee must receive, when, and how to evidence that it was given.
Employer response to an unfair dismissal application (Form F3): completion guide and jurisdictional-objection checklist (Court document, AI use Yellow). Guide to completing the Fair Work Commission's Form F3 within 7 days, testing every jurisdictional objection first, answering the s 387 merits, and meeting the Commission's generative AI disclosure rules that apply from 20 October 2026.
Workplace generative AI acceptable use policy (Policy, AI use Yellow). Employer policy setting which AI tools staff may use, what information must never go into them, how outputs are checked and disclosed, and how the policy links to privacy, surveillance, WHS and discipline.
Notice to employees of computer and AI-enabled workplace monitoring (NSW and ACT, with Victorian notes) (Notice, AI use Yellow). Written notice and policy summary for computer, camera and tracking surveillance, including AI analytics of email, chat, keystrokes and productivity data, drafted to meet NSW and ACT notice rules.
WHS risk assessment for AI-driven work allocation and monitoring (psychosocial hazards) (Checklist, AI use Yellow). Checklist and risk register for assessing algorithmic rostering, task allocation, performance targets and monitoring as psychosocial hazards, with consultation steps and controls under WHS law.

All precedents for Employment & Workplace Relations. Signed-in accounts can read the full text.

Related jurisdictions

Australia New Zealand United States