AI is reshaping workplace relations as Fair Work Commission faces rising caseloads

Artificial intelligence is widening access to the Fair Work Commission, but it is also creating new pressure on a system already absorbing major workplace law reforms. Fair Work Commission Deputy President Alexandra Grayson told attendees at a UNSW EDGE webinar that the Commission is facing a rapid rise in individual claims, including unfair dismissal and general protections matters, while adapting its processes for a changing workplace relations landscape.

The session, Workplace Relations in 2026: Fair Work Commission Update, traced the Commission’s expanded role after more than 30 recent reforms, from flexible work and sexual harassment disputes to bargaining changes, regulated worker matters and major award proceedings. Deputy President Grayson said the Commission expects around 55,000 lodgements this financial year, with general protections dismissal claims 62 per cent above the three year average and unfair dismissal lodgements 41 per cent above the three year average. Alongside those individual matters, the Commission is managing significant cases on gender-based undervaluation, working from home, part-time provisions in modern awards and flight attendants’ work value.

A key concern is AI-assisted applications. Grayson said AI can help self-represented people understand that they may have a claim, the criteria for applying and the 21 day time limit, but it can also produce applications that overstate legal merit, invent facts or make general protections claims appear more plausible than they are. In response, the Commission is tightening case management, including revised forms, earlier decisions on extension of time applications, clearer expectations for conciliation, permission for representation decided before conferences and shorter settlement-focused conferences. For practitioners, the message was direct: understand the jurisdiction, read the member’s directions carefully and approach Fair Work Commission processes with precision, realism and respect for the pressure on all parties.

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