The Federal Government has amended the Fair Work Act 2009 (Cth) to improve the efficiency of the Fair Work Commission (FWC) and help it manage a growing, increasingly complex workload. The reforms form part of a broader push to modernise dispute resolution, reduce procedural delay and resolve matters more quickly and cost-effectively. Further, these FWC reforms respond to rising demand caused by generative AI usage.
The reforms follow the FWC’s March 2026 Guidance Note on the use of generative AI in FWC cases.
Together with the Guidance Note, the amendments respond to rising application volumes and the growing use of generative AI to prepare claims, submissions and evidence. They give the Commission greater procedural flexibility and stronger case management powers.
The Fair Work Commission’s Guidance Note
In response to the growing use of generative AI in proceedings, the FWC issued its Guidance Note on the Use of Generative Artificial Intelligence in Commission Proceedings on 24 March 2026.
Key requirements include:
- disclosing Gen AI use in documents filed with the Commission;
- verifying and correcting all Gen AI-generated content for accuracy, relevance and consistency with the facts;
- confirming that witness statements are based on personal knowledge and are true to the best of the deponent’s knowledge; and
- protecting confidential and personal information from being entered into non-secure or public Gen AI systems.
The Commission also identified consequences for non-compliance, including:
- reduced evidentiary weight or exclusion of affected material;
- costs orders where inappropriate Gen AI use causes unnecessary proceedings; and
- dismissal of applications in serious cases.
The message is clear: parties will inevitably use Gen AI in proceedings, but they must do so accurately, transparently and responsibly.
General Protections: Alleged Dismissal
One of the most significant procedural reforms recently passed relates to general protections dismissal claims.
Previously, employers could object that an employee had not been dismissed. That issue often had to be resolved before the FWC could proceed to conciliation or mediation, causing delays while preliminary hearings focused on jurisdiction rather than the substance of the dispute. Under the amendments, the FWC may proceed directly to conciliation or mediation without first deciding whether a dismissal occurred. If necessary, that question can be addressed later. The change is intended to remove early procedural barriers and encourage parties to address the substance of the dispute sooner, rather than front-loading jurisdictional arguments that may delay settlement discussions.
Expanded FWC Powers
The amendments also broaden the administrative powers of FWC staff in general protections matters. If a dispute is not resolved through conciliation or mediation, a certificate is issued so the employee may commence proceedings in the Federal Court or the Federal Circuit and Family Court of Australia. Previously, only certain Commission members could issue these certificates. The reforms allow a broader range of Commission staff to issue certificates. Although largely administrative, this change should reduce internal bottlenecks, and help matters move more efficiently from the Commission to the courts where required. For parties, this should mean fewer delays at the end of the Commission process and a more direct pathway where resolution is not achieved.
Determinations Without Hearings
Another important change relates to how the FWC may determine matters involving disputed facts. Traditionally, disputed facts were addressed through a formal hearing or conference, where evidence could be tested and oral submissions made. While procedural issues were often decided on the papers, contested factual questions generally required an in-person or remote hearing. The amendments allow the Commission to determine certain matters involving factual disputes without a hearing, where it considers that appropriate and the parties agree. This gives the Commission greater case management flexibility and may reduce time and cost in suitable matters. For example, disputes with limited factual disagreement, or where documents provide sufficient evidence, may be resolved on written submissions alone. The requirement for party agreement also ensures hearings remain available where fairness requires them, or where credibility and oral evidence are central to the dispute.
Managing Unreasonable Claims
The FWC’s powers to manage unmeritorious or abusive litigation have also been strengthened. The Commission now has broader authority to manage vexatious or repetitive claims. In appropriate cases, it may restrict a person from lodging further applications without prior permission. This strengthens the Commission’s case management powers and is intended to protect the integrity of the system by reducing repeated, unmeritorious claims that consume disproportionate time and resources. For employers and other respondents, this may reduce repeated proceedings involving the same parties or issues and allow Commission resources to be directed to genuine disputes.
Key Takeaways
Together, these reforms reflect a broader policy shift towards a more efficient and flexible FWC process, and to respond to rising demand caused by generative AI.For employers and employees involved in FWC proceedings, the key issue is no longer whether Gen AI can be used, but how carefully its outputs are checked before being relied on. Courts and tribunals are increasingly focused on outcomes, not tools, and responsibility for accuracy remains with the party advancing the material. In addition, the recent amendments are designed to:
- reduce procedural delays in the early stages of general protections matters
- improve administrative efficiency within the Commission
- enable faster resolution of appropriate matters without hearings
- strengthen controls over misuse of Commission processes
For parties, the practical effect is likely to be earlier engagement with substantive dispute resolution, less procedural complexity in some matters and faster progression where conciliation does not resolve the dispute.
However, the underlying rights and obligations under the Fair Work Act 2009 (Cth) are unchanged. Careful handling of workplace disputes remains critical, particularly in the early stages of a claim. These developments signal a clear move to streamline FWC processes, improve dispute resolution efficiency and regulate Gen AI use in proceedings. While they provide greater flexibility and stronger case management powers, they also reinforce the need for early, strategic engagement in workplace disputes and careful, transparent use of AI-generated material.
Assistance is available with responding to FWC claims, managing workplace disputes and advising on obligations under the Fair Work Act 2009 (Cth). For further information, contact the team on (02) 9181 5001 or [email protected].