The Fair Work Commission issued the order last week, blocking a caretaker employed by a body corporate on Queensland’s Sunshine Coast from using artificial intelligence tools in her correspondence. Commissioners concluded the AI-assisted messages had become unnecessarily long and accusatory, even though the underlying bullying complaint itself was considered justified.
This is the first order under the Fair Work Act’s anti-bullying framework that explicitly tackles how AI can be used by parties. More disputes over AI-generated claims may now emerge as employers face mounting volumes of automated complaints.
Commission findings showed the caretaker had endured workplace bullying that created a highly stressful environment, including defamatory emails circulated to unit owners about her. The chair of the body corporate also kept a diary that obsessively noted aspects of her appearance, adding to the hostile atmosphere she experienced.
AI-generated responses then layered pages of repetitive accusations on top of that conflict, making it harder for both sides to resolve issues. The tribunal effectively separated the legitimacy of her core complaint from the way AI had distorted its presentation.
Specialists in workplace law suggest the decision is an early test of how tribunals will manage AI tools that make it cheap and easy to generate lengthy legal-style documents. Businesses already report being swamped by templated AI-drafted grievances that take significant time and money to address.
The ruling points to a model where workers can still bring bullying claims under the Fair Work Act but may face boundaries on using AI when it derails dispute resolution. Tribunals may in future move further to curb technologically amplified complaints while still protecting genuine cases.
