Should you use AI for an unfair dismissal or a Fair Work claim?

As artificial intelligence becomes increasingly accessible, many employees are asking whether they should use AI tools to prepare and lodge a Fair Work application. While AI can assist with drafting documents and organising information, relying solely on AI for an unfair dismissal, general protections, workplace bullying, or other Fair Work matter may expose applicants to significant risks.

 

Can AI help with a Fair Work application?

AI can be a useful tool for:

 

• Drafting a timeline of events
• Identifying general legal issues

 

For individuals navigating the Fair Work Commission process, AI may provide a useful starting point. 

 

However, the Fair Work Commission has recently made important announcements regarding the use of AI. The FWC reported that its workload increased by more than 70% between 2022-23 and 2025-26. The Fair Work Commission considers that the growing use of AI tools, such as ChatGPT, has been a significant factor contributing to this increase. According to commissioned research, approximately 40% of surveyed applicants used AI to prepare and/or manage their case.

 

If you do use AI, the Fair Work Commission has announced new requirements governing its use in proceedings. From 20 October 2026, parties will be required to disclose their use of AI and make specific declarations about the accuracy of material filed with the Fair Work Commission.

 

The new AI Guidance Note requires parties to:

1. Disclose whether AI was used and explain how it was used.

2. Verify the accuracy of all information contained in documents lodged with the Fair Work Commission, including:

• facts and evidence;
• authorities such as cases and legislation; and
• quotations and extracts.

3. Confirm that witness statements and declarations reflect the person's own knowledge and words and are true to the best of their knowledge.

 

Professional representatives will also be required to include hyperlinks to authorities cited in their submissions.

 

Noting the above and the FWC’s scrutiny of AI technology, it should not replace tailored legal advice. A Fair Work application requires careful consideration of:

 

• Eligibility requirements
• Jurisdictional issues
• Filing deadlines
• Legal arguments
• Supporting evidence
• Relevant remedies available under employment law

 

AI systems may generate inaccurate information, misunderstand complex workplace circumstances, or fail to identify critical facts that could affect the outcome of your case. A seemingly minor mistake could result in an application being rejected, delayed, or a costs order being made against you.

 

Why Fair Work matters require personalised advice

Every workplace dispute is different. Whether you have been unfairly dismissed, subjected to workplace bullying, discriminated against, or experienced adverse action, your legal rights depend on your specific circumstances. An experienced employment lawyer can:

 

• Assess the strength of your claim
• Confirm you meet eligibility requirements
• Ensure filing deadlines are met
• Prepare accurate and legally relevant submissions
• Gather relevant evidence
• Represent you throughout the Fair Work process

 

Professional legal advice can often identify issues and opportunities that AI simply cannot recognise. However, it should be viewed as a support tool rather than a substitute for legal expertise.

 

Before lodging any Fair Work application, it is wise to obtain legal advice to ensure your rights are protected and your application is prepared correctly.

 

Don't risk your workplace rights

Have you been unfairly dismissed, terminated, fired, or treated unfairly by your employer? Don't risk your workplace rights by relying solely on AI-generated information. If you're considering an unfair dismissal claim or Fair Work application, our experienced employment lawyers can evaluate your case, explain your legal options, and help maximise your chances of success before the Fair Work Commission. Contact us today for expert advice and representation.