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Fair Work Commission condemns 'plain wrong' AI legal advice

https://www.abc.net.au/news/2026-08-29/fair-work-commission-condemns-ai-legal-advice/107089766
20•martyvis•1h ago

Comments

paweladamczuk•38m ago
> applicants to the Fair Work Commission will need to disclose AI use

I really don't like where this is going.

NolF•15m ago
It is already the case in many Australian Courts and tribunals E.g. NSW Supremen Court [1] here is another tribunal [2]. Not sure why you would not like the disclosure as to how a document, statement, etc was made when the author was not the individual signing their name and may not represent their words, knowledge, beliefs etc.

[1] https://supremecourt.nsw.gov.au/documents/Practice-and-Proce... [2] https://www.pi.nsw.gov.au/resources/procedural-directions/pr...

cjs_ac•33m ago
> A sacked ALDI employee condemned by the Fair Work Commission for using "plain wrong" artificial intelligence (AI) advice in his failed bid to reverse his dismissal says he now plans to use "two or three" different AI agents to help him appeal against the decision.

> Sadnan Khan was ordered to pay $1,230 towards the supermarket giant's legal fees after a landmark Fair Work Commission decision found he used AI as a "quasi-legal advisor" to challenge his dismissal, despite repeat warnings his case had "no substantial prospects of success".

> "I have taken the very rare step of ordering him to pay some of the employer's legal costs, because his unreasonable conduct caused his former employer to incur those costs unnecessarily," Fair Work Commission deputy president Michael Easton said in the tribunal's decision last week.

The article is balanced; it also cites the case of a computer science lecturer at Macquarie University who successfully challenged the university's treatment of him using AI. (Over the past decade or so, Mac Uni has become very attached to the idea that minimum wage is enough for academic staff.)

So it's the same story as we've been hearing for more than a year now: LLMs are only useful if you ignore all the fluff where they tell you how great everything is, and know how to extract and interpret the parts where they say something of substance, and actually do the work of determining whether the thing is bullshitting you.

cube00•20m ago
> The tribunal acknowledged AI was improving access to justice for applicants with genuine, meritorious claims "who might otherwise have been deterred".

It's good the tribunal acknowledges we can't all necessarily afford the costs you may incur in those initial discussions with a lawyer. While there are pro-bono lawyers they have to make sure they're taking the cases with the best prospects for success so they don't go out of business themselves.

> "Most community members are aware of this kind of property of AI now where it has a kind of sycophantic tendency … and may in fact encourage people to believe that there are legs in a claim they're making when that may not in fact be the case."

It'll be interesting to see how the AI providers are going to balance the need for models to be engaging enough to keep the tokens flowing but not so engaging they give bad advice to encourage continued conversations.

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Fair Work Commission condemns 'plain wrong' AI legal advice

https://www.abc.net.au/news/2026-08-29/fair-work-commission-condemns-ai-legal-advice/107089766
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