The workplace tribunal is already dealing with a crowded agenda, reviewing pay for professional roles, part time rules, work from home rights, junior rates and gig economy standards, all while government, unions and employers argue over how AI will reshape jobs. It launched a review of model consultation rules in 2023 under new workplace laws, then signalled in late 2024 that it might shift the long standing test that only requires consultation after a definite decision is made on major workplace changes.
Instead of fast tracking that shift in response to AI job losses, the tribunal now plans to park the issue until 2027, pointing to a backlog that includes a spike in unfair dismissal cases drafted with AI tools. Lawyers report that decisions once turned around in about three months are now taking four to nine months in some matters, with delays most visible in general protections dismissal claims that used to move quickly through conciliation.
The delay lands as large tech and financial firms cut hundreds of roles citing AI while union organisations push for earlier and stronger consultation duties, including a six month special notice period for AI related redundancies and employer groups resist any change that could curb management control over restructuring decisions. The federal government has formed an AI working group and is weighing options to help the tribunal, but it looks like Australia’s rules on when workers must be consulted about AI changes will stay unclear for several more years, even as the technology reshapes administrative, planning and transcription roles that are heavily staffed by women.
