AI-Generated Claims Put Pressure on Australia’s Workplace Dispute System

Australia’s Fair Work Commission (FWC) is facing a sharp increase in workplace dispute applications, with its president, Justice Adam Hatcher, attributing much of the recent growth to the widespread use of artificial intelligence (AI) tools. The rising volume of cases is putting additional pressure on the tribunal’s members and staff, prompting concerns about the system’s capacity to manage the workload.

The number of matters lodged with the commission has climbed from around 30,000 annually before 2023 to approximately 44,075 in 2024–25. The FWC expects the total to reach between 50,000 and 55,000 in 2025–26, potentially setting another record.
AI-Generated Applications Increase Workload
Justice Hatcher said the relationship between dismissal-related applications and labour market conditions has weakened in recent years. Previously, the number of applications generally moved in line with changes in retrenchments. However, this pattern has changed since the introduction of popular AI tools, including ChatGPT in November 2022.
According to Hatcher, the growing use of AI-generated language in applications has provided an indication of the technology’s influence. He warned that the resulting increase in cases has significantly expanded the workload of commission members and staff, with no clear sign that the trend is slowing.
The growing volume of applications has also raised questions about how the tribunal will manage future demand and what its new normal workload might look like.
Concerns Over Accuracy and Legal Reliability
AI tools can make it easier for individuals to prepare workplace claims, potentially improving access to justice for people who cannot readily afford legal assistance. However, the technology can also introduce problems when applications contain fabricated case law, inaccurate legal references or distorted witness accounts.
These errors can create additional work for lawyers, judges and tribunal staff, who must assess the accuracy and relevance of the material submitted.
The challenge is therefore not simply the number of applications being lodged, but also the time required to review claims that may contain unreliable information. The FWC’s experience highlights the difficulty of balancing wider access to legal processes with the need to maintain accuracy and efficiency.

Proposed Rules Aim to Address Rising Case Volumes

The new rules governing AI use in lodging cases are intended to help contain the increase in applications. The broader concern is that AI-generated submissions could continue adding to administrative pressure if applicants rely on the technology without checking the accuracy of their claims.
The commission’s experience also demonstrates how AI adoption can create unintended consequences beyond the workplaces and industries where the technology is being introduced. While AI may simplify document preparation, the resulting volume and quality of submissions can place additional demands on public institutions.

What Investors Should Watch Next
The key issue is whether the FWC’s new rules can manage rising application volumes while preserving access to justice and the accuracy of workplace dispute
proceedings.

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