Today the President published a statement about the use of generative artificial intelligence (GenAI) in Commission cases. The statement shares the release of the new GenAI guidance note which will apply from 20 October 2026, and a research report about use of AI by applicants in Commission cases.
The Guidance note: Use of generative artificial intelligence in Commission cases sets out our requirements for what you must do if you use GenAI in your case at the Commission. The guidance note sets out 3 requirements when GenAI is used to prepare documents:
- You must tell us when and how you used GenAI
- You must check your document is correct and relevant to the case
- If the document is a witness statement or declaration, you must check that it is based on your own knowledge, reflects your own words and is true to the best of your knowledge.
We have published resources to help you understand your responsibilities and prepare your case. These resources have been informed by user research undertaken by Pivot. The resources include a new Using AI to help you with your case webpage and video. These explain the key benefits, risks and requirements when using GenAI in a case.
Our application and response forms will also be updated by 20 October to help parties comply with the new requirements.
Read:
- President's statement - Use of AI in Fair Work Commission proceedings (pdf)
- Guidance note: Use of generative artificial intelligence in Commission cases (pdf)
- Pivot Research Report: GenAI use research (pdf)
- Using AI to help you with your case webpage
