- Published
If you’ve been thinking, “Surely people aren’t actually using ChatGPT to make workplace claims…” they are. And the Fair Work Commission is taking notice.
A recent example was Branden Deysel v Electra Lift Co, where an employee relied on ChatGPT when preparing a General Protections application.
The problem? The application was lodged 919 days after the employee’s employment ended, well outside the usual 21-day timeframe. The employee needed to convince the FWC there were exceptional circumstances for the delay.
ChatGPT had apparently told him various workplace and statutory obligations had been breached and suggested he make an application to the FWC. But the Commission found the application failed to properly address the requirements of the Fair Work Act and described the proceedings as “hopeless” and “unmeritorious”. The application was dismissed.
Fast forward to last week, and the FWC has now published its own guidance on the use of generative AI in Commission cases.
From 20 October 2026, parties using AI to prepare documents for FWC proceedings will need to:
- Tell the Commission when and how AI was used
- Check that anything produced by AI is accurate and relevant
- Ensure witness statements and declarations are based on the person’s own knowledge, own words and are true to the best of their knowledge.
And I think there’s an important takeaway here for employers too.
AI is making it incredibly easy for employees to generate complaints, responses and even legal claims, whether or not they have a strong basis.
That doesn’t mean employers should dismiss an AI-generated complaint or claim as “just ChatGPT”. The underlying issue still needs to be taken seriously.
But it does make good complaint-handling processes, documentation and record keeping even more important.
AI isn’t going away and the FWC’s latest guidance is a pretty clear sign that workplace relations needs to start catching up with how it is actually being used.
Want to know more?
The use of AI in the workplace is evolving quickly, and it’s worth understanding both the opportunities and the risks.
The Fair Work Commission’s guidance on generative AI is a good place to start if you want to understand how AI is being used in workplace matters and what the Commission expects from parties using it.
If you’re an employer and want to make sure your complaint-handling processes, documentation and HR practices are up to scratch, we can help with that too.
