The workplace tribunal reports that about 40 to 50% of workers lodging unfair or unlawful dismissal cases are estimated to be using artificial intelligence to write their claims. The Fair Work Commission warns it is “taking on water”, with total applications already surpassing last financial year’s record 44,000 cases.
Growing reliance on AI and paid representatives is fuelling a workload spike that senior officials describe as unsustainable. Employers argue the trend is accelerating rather than plateauing.
Workplace Relations Minister Amanda Rishworth has responded with legislation introduced this week to trim the commission’s responsibilities and give it stronger powers to reject unmeritorious or frivolous cases. The government’s goal is to blunt the impact of AI-generated and agent-driven claims by allowing the tribunal to knock back weak matters earlier in the process.
That legislative package sits alongside broader reforms aimed at simplifying some procedures and curbing tactical disputes that tie up commission resources. Business groups, however, remain unconvinced the measures will deliver meaningful relief.
Employer organisations warn that modest procedural tweaks will not be enough when claim volumes keep rising and AI tools make it easier to lodge detailed applications at scale. They are calling for more substantial changes including higher filing fees to deter speculative or vexatious cases that consume time and money.
Some also push for clearer thresholds for accepting unfair dismissal applications and faster triage processes to handle repetitive AI-generated material. Critics say AI is making legal-style filings more accessible while the public system handling them is still built for a slower, more manual era.
