AI Generated vs Specialist Reviewed HR Documents

Can AI produce HR documents fully compliant with Australian employment laws?

First published on Monday, July 6, 2026

Last updated on Monday, July 6, 2026

1 min read

While generative AI can produce employment contracts and HR correspondence, automated tools cannot guarantee compliance with current workplace relations frameworks. Any drafting errors or omissions can expose an organisation to material financial liability. Ultimately, regulatory bodies like the Fair Work Ombudsman expect employers to maintain absolute accuracy,

Not only that, as a business owner, wouldn’t you rather have peace of mind knowing that all necessary documents have already been created and reviewed by a team of HR specialists? If you’re still wondering, below we’ll compare some specialist reviewed documents against ones generated by AI. 


Employment Contracts

One of the most important documents that you’ll want to be 100% compliant is the employment contracts you provide your new employees. Below is an example of an AI generated employment contract which according to Copilot has been designed to align with the Fair Work Act 2009 (Cth) and National Employment Standards (NES).


EMPLOYMENT AGREEMENT (AUSTRALIA) 

This Employment Agreement (“Agreement”) is made on [Date] between: 

Employer: 
[Company Name] 
ABN: [ABN] 
Address: [Address] 

and 

Employee: 
[Employee Full Name] 
Address: [Address] 

 

1. POSITION AND DUTIES 

1.1 The Employee is employed as [Job Title]
1.2 The Employee agrees to perform duties: 

  • As reasonably required by the Employer; and 

  • Consistent with their skills, training, and role. 

1.3 The Employee must: 

  • Act in the Employer’s best interests 

  • Comply with all lawful and reasonable directions 

  • Follow company policies and procedures 

 

2. COMMENCEMENT & EMPLOYMENT TYPE 

2.1 Employment commences on [Start Date]
2.2 Employment is: 

  • ☐ Full-time 

  • ☐ Part-time 

  • ☐ Casual 

2.3 If part-time, agreed hours are: [Hours per week + schedule]

 

3. PROBATION PERIOD 

3.1 A probation period of [3–6 months typical] applies. 
3.2 During probation, either party may terminate employment with 
[1 week] notice
3.3 Successful completion does not alter at-will obligations under the Fair Work Act. 

 

4. PLACE OF WORK 

4.1 The primary workplace is [Location]
4.2 The Employee may be required to work: 

  • At other locations 

  • Remotely or from home 

  • Travel as reasonably required 

 

5. HOURS OF WORK 

5.1 Ordinary hours are [e.g., 38 hours/week], plus reasonable additional hours. 
5.2 Hours will comply with the 
National Employment Standards (NES)

 

6. REMUNERATION 

6.1 The Employee will be paid: 

  • $[Amount] per annum (or hourly rate for casuals) 

  • Payable [weekly/fortnightly/monthly] 

6.2 Superannuation: 

  • Employer will contribute in accordance with the Superannuation Guarantee legislation

6.3 The salary includes compensation for: 

  • Ordinary hours 

  • Reasonable additional hours 

6.4 Any applicable modern award or enterprise agreement will apply where relevant. 

 

7. LEAVE ENTITLEMENTS 

7.1 Leave entitlements are governed by the National Employment Standards and include: 

  • Annual Leave (4 weeks for full-time employees) 

  • Personal/Carer’s Leave 

  • Compassionate Leave 

  • Parental Leave 

  • Long Service Leave (per state laws) 

  • Public Holidays 

7.2 Leave must be approved in advance where practicable. 

 

8. TERMINATION OF EMPLOYMENT 

8.1 Notice of termination must comply with the NES minimum notice periods

Length of Service & Minimum Notice 

<1 year: 1 week 

1–3 years: 2 weeks 

3–5 years: 3 weeks 

5+ years :4 weeks 

(+1 extra week if over 45 with ≥2 years service) 

8.2 The Employer may make payment in lieu of notice. 
8.3 Summary dismissal may apply in cases of serious misconduct. 

 

9. CONFIDENTIALITY 

The Employee must not disclose confidential information during or after employment, including: 

  • Company strategies 

  • Customer data 

  • Financial information 

 

10. INTELLECTUAL PROPERTY 

All intellectual property created during employment belongs to the Employer. 

 

11. WORKPLACE POLICIES 

11.1 The Employee agrees to comply with all policies, including: 

  • Workplace Health & Safety (WHS) 

  • Anti-discrimination and harassment 

  • Code of conduct 

11.2 Policies may be updated from time to time. 

 

12. RESTRAINT (OPTIONAL CLAUSE) 

(Optional and should be legally reviewed) 

The Employee must not, for [6–12 months] after termination: 

  • Compete with the Employer within [geographic area] 

  • Solicit clients or employees 

 

13. MODERN AWARD / ENTERPRISE AGREEMENT 

13.1 ☐ No award applies 
13.2 ☐ The following award applies: 
[Award Name] 

If an award applies, minimum terms must meet or exceed it. 

 

14. DISPUTE RESOLUTION 

Any disputes will be handled through: 

  1. Internal resolution 

  2. Mediation 

  3. Fair Work Commission (if required) 

 

15. ENTIRE AGREEMENT 

This Agreement represents the entire understanding between both parties. 

 

16. GOVERNING LAW 

This Agreement is governed by the laws of Australia and the relevant State/Territory

 

SIGNATURES 

Employer: 
Name: _________________________ 
Signature: ______________________ 
Date: __________________________ 

Employee: 
Name: _________________________ 
Signature: ______________________ 
Date: __________________________ 


Now compare it to a contract written and reviewed by a team of HR specialists that is fully compliant with Australian employment laws: 

 


 Please contact the Bright Advice team on 0481 609 489 for any specific questions on content or if you are intending to make amendments to the contents of the clauses. 

 

This document and any associated advice are not intended to be comprehensive. The document and associated services are designed for you to be able to inform yourself generally, on common employment relations concepts and issues.  

 

The document has not been created in line with your specific needs, objectives or circumstances in mind and is not formal advice. Before you act or rely on our service, you should seek formal advice from an appropriately qualified practitioner. While we use reasonable effort to ensure the accuracy of documents, we do not represent, warrant, or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law).   

 

This letter must be transferred to your own letterhead, removing this disclaimer.  

EMPLOYMENT contract 

BETWEEN 

(Insert business name) trading as (Insert trading name) (the Employer

ABN: (Insert ABN)  

Situated at (Insert business location) 

AND 

(Insert employee name) (You

DATE OF COMMENCEMENT 

Your employment with the Employer is recognised as commencing on (Insert date). 

POSITION AND DUTIES 

You will be employed on a full-time basis as a (Insert job title). 

In addition, you will be required to perform reasonable additional duties and functions from time to time, as reasonably directed by the Employer. 

You agree that you will comply with all the Employer’s handbooks, policies and procedures, as amended from time to time at the sole discretion of the Employer. The specific detail of the Employer’s policies do not form a term of your contract. 

[DELETE IF AWARD FREE]INDUSTRIAL INSTRUMENT 

You are covered by the (Insert full award / agreement name) (the Industrial Instrument). Where a term of the Industrial Instrument provides for a greater entitlement than this Contract, the Industrial Instrument entitlement will apply.  

Your classification is (Insert level or grade), which will be subject to change in line with the Industrial Instrument.  

[DELETE IF EXISTING EMPLOYEE]Probation  

Your employment is probationary for the first (Insert three/six) months of your employment with the Employer. The Employer may, at its discretion, extend the probation period.  

During the probationary period, your employment may be terminated by providing notice in accordance with the termination clause of this Contract. 

PLACE OF WORK 

Your usual place of work is (Insert location) or elsewhere as reasonably directed by the Employer.  

HOURS OF WORK 

You will be required to work 38 hours per week plus any additional hours which are reasonably necessary to fulfil the requirements of your duties, or as reasonably required by the Employer. 

“BUILDING AND CONSTRUCTION AWARD ONLY” [DELETE IF not applicable]Rostered day off 

In addition to your hours of work, you are required to work an additional (Insert eg two hours) per week. These additional hours will accrue and become an entitlement to rostered time off. Such time off is to be taken in accordance with any applicable Industrial Instrument and the Employer’s policy. 

PAY 

Your pay is $(Insert amount) per (Insert hour/week/annum), exclusive of superannuation. 

[OPTION: BASE RATE: DELETE IF AWARD FREE]You will be entitled to any applicable penalty rates, overtime rates, allowances or loadings appropriate to your position as set out in the applicable industrial instrument. 

[OPTION: SALARY OR LOADED RATE: DELETE IF AWARD FREE]Your remuneration is paid in satisfaction of any and all monetary entitlements that you may otherwise be entitled to receive. This includes, but is not limited to entitlements owing under any industrial instrument or law, including any entitlement to minimum wages, allowances, overtime, penalty rates and annual leave loading. As such, your pay takes into account any hours that you are required to work outside of your standard hours of employment. 

Where your pay exceeds any legislative minimum entitlements, any amount paid in excess of these minimum entitlements may be used to offset any entitlement that may otherwise have been applicable. 

SUPERANNUATION 

The Employer will make Superannuation contributions on your behalf in accordance with relevant legislation. 

LEAVE 

Leave entitlements will be provided to you in accordance with the Employer’s policy, an applicable industrial instrument and/or the Fair Work Act, whichever is more generous. 

CONFIDENTIAL INFORMATION 

You agree at all times during and after your employment with the Employer to refrain from directly or indirectly disclosing to a third party confidential information except in the proper course of carrying out your duties, not to use the confidential Information for any purpose other than for the benefit of the Employer, to keep confidential all business confidential information and to comply with the terms of this contract unless otherwise required by applicable laws or regulations. 

Confidential information means all the information including trade secrets, intellectual property, marketing and business plans, client and supplier lists, computer software applications and programs, business contacts, finance, data concerning the Employer or any of its associated entities or any client of the Employer’s, finances, operating margins, prospect’s lists, and transactions of the Employer, but does not include information in the public domain otherwise than through a breach of an obligation of confidentiality. 

INTELLECTUAL PROPERTY 

All intellectual property rights arising from any works created or developed by you in the course of your employment (whether alone or with others) will belong to the Employer and you agree to immediately disclose to the Employer all such works.  

For the benefit of the Employer, you consent to any and all acts or omissions (whether occurring before or after this consent is given) in relation to all works made or to be made by you in the course of your employment which might otherwise infringe your moral rights in those works.  

Stand Down 

The Employer may stand you down with pay for reasons including, but is not limited to, circumstances in which the Employer is carrying out an investigation into allegations of misconduct (whether or not such allegations have been made against you) or in circumstances whereby such action is deemed necessary by the Employer to ensure it satisfies its health and safety obligations. 

Nothing in this clause in any way limits the Employer’s right to stand you down without pay in accordance with any applicable legislation or in accordance with any other provision of this Contract. 

TERMINATION OF EMPLOYMENT 

This contract can be terminated by either party at any time. Notice of termination will be in accordance with your applicable industrial instrument or where not applicable the Fair Work Act, but is not required in the case of serious misconduct or a serious breach of this Contract. Notice can be paid in lieu by the Employer. You agree to provide the same amount of notice to the Employer as it is required to provide. 

If your position is made redundant, you shall not be entitled to any payment except as required under an applicable industrial instrument and/or the Fair Work Act. 

Upon the termination of your employment you must immediately return to the Employer all Employer property in your possession or control including, but not limited to, any, equipment, papers, keys, records and documents, Confidential Information, intellectual property and other information, in whatever form relating in any way to the Employer or its clients. 

Upon the termination of your employment you must repay to the Employer the balance of any loans, advances, or any money otherwise owed by you to the Employer. The Employer reserves the right to take action to recover any monies owing to the Employer. 

GENERAL 

This contract is personal to you and is not assignable or transferable by you and may not be assigned, pledged or encumbered by you. The Employer may assign its rights and obligations under the contract to any person, business, Employer or entity. 

If any of the terms and conditions of the contract are void, or become voidable by reason of any statute or rule of law then that term or condition shall be severed from the contract without affecting the enforceability of the remaining terms and conditions. 

The contents of the contract constitute the entire agreement between you and the Employer. Any previous agreements, understandings, and negotiations on this subject matter cease to have effect. 

The terms of the contract may be varied from time to time by mutual agreement in writing between the parties. 

This contract shall be governed by and construed in accordance with the laws of the state or territory of the Employer’s primary business location. You agree to submit to the jurisdiction of its courts. 

FAIR WORK INFORMATION STATEMENT 

By signing this contract you acknowledge that the Employer has provided you with a Fair Work Information statement. 

SIGNED BY AUTHORISED OFFICER OF THE EMPLOYER  

 

......................................................... 

Authorised Officer 

 

......................................................... 

Title of Authorised Officer 

 

.............................................. 

Dated 

 

 

.............................................. 

Witness 

 

.............................................. 

Name of Witness 

 

.............................................. 

Dated 

SIGNED BY YOU 

 

......................................................... 

Employee 

 

.............................................. 

Name of Employee 

 

.............................................. 

Dated 

 

 

............................................. 

Witness 

 

.............................................. 

Name of Witness 

 

.............................................. 

Dated 

Now, we specifically added prompts to create an employment contract that is fully compliant with Australian employment laws and while it does get some aspects correct, upon looking closer it doesn’t flesh out necessary details as an expert reviewed version. Examples include not mentioning that the employer has the ability to extend the probation period, performing reasonable additional duties from time to time, forgoing a section for being stood down, while also providing a rudimentary mention of intellectual property. 

 

Even sections such as Termination of Employment and Confidentiality are sparsely populated with information, which makes it much harder for staff members to grasp their legal obligations and could put you in a position where your company has no legal ground to defend itself should one of your staff members engage in behaviour that goes against their contract’s terms. In other words, you could open your company to a world of legal issues when you provide documents that aren’t reviewed to be fully compliant. 

Other issues specifically flagged by our team of HR specialists include:  

  • company policies and procedures do not form part of the contract and are separate. 

  • casual should not be an option as then it does not align with any other entitlements mentioned such as leave entitlements 

  • Under Commencement and Employment Type, the types of employment mentioned types available. For example, Building and Construction On-Site Award has Daily Hire and Weekly Hire, as does the Plumbing, Fire and Sprinklers Award. 

  • For part-time, it should mention in the contract that part-time hours may be varied by mutual agreement. 

  • Under probation, it refers to "at will”, which is an American term where employees are generally able to be fired on the day without notice.  

  • There is no option of a Loaded Rate of Pay or Offset clause. If the rate entered is higher than the Award but an offset clause is NOT present, then the Employer is obliged to pay penalties, allowances, annual leave loading etc. 

  • Absence of return of company property clauses. 

  • Under Confidentiality, the term “confidential information” requires a definition before introducing it. 

  • The term “intellectual Property” needs a definition before introducing it 

  • Intellectual property should include: You agree that all existing Intellectual Property rights, title and interest in all Works created or developed by you in the course of your employment (whether alone or with others) are vested in the Employer and upon their creation, all such rights will vest in the Employer. You agree to execute all documents and do all acts required to secure any Intellectual Property rights for the Employer.  For the benefit of the Employer, you consent to any and all acts or omissions (whether occurring before or after this consent is given) in relation to all Works made or to be made by you in the course of your employment which might otherwise infringe your Moral Rights in those Works.  

  • Needs to state that workplace policies do not form part of the contract. See also prior comment on this same issue earlier in the contract. 

  • Under Workplace Policies “time to time” should be deleted 

  • Under Restraint, the clause is not properly built out. Clauses need to have more explanation/definition and must be built as cascading clauses. Need a paragraph to mention that each of the cascading clauses operate separately and concurrently. 

  • Under Restraint, solicitation and post-termination restraints are separate concepts. Solicitation is attempting to lure clients away. Restraint prevents working at a competitor. Also, the clause only comes into operation *after termination* when it should also operate *during employment* as well. 

  • Under Modern Award, external advice is required here to properly determine the Award that applies (if any) or if the employee is Award free (or covered under another instrument, such as an EBA). Making an error at this step by selecting the wrong Award or Award free would potentially lead to an underpayment or overpayment. 

  • If under an award, the contract must be different to align against Industrial Instrument rather than NES 

  • Certain industries require additional clauses - such as licences 

Copilot also specifically mentions that you should get it reviewed by an Australian employment lawyer and/or a HR professional in order to ensure that it is fully compliant, which should tell you everything you need to know if you decide to rely on AI for generating legally binding documents. 

Now you might be thinking that the issue here is that we’ve asked AI to create a detailed, complicated document, but it’ll fare better for other types of documents, right? The answer to that is a confident no. Read on below to see what Copilot generated for an Employment Confidentiality Agreement. 


EMPLOYMENT CONFIDENTIALITY AGREEMENT (AUSTRALIA) 

This Employment Confidentiality Agreement (“Agreement”) is made on: 

Date: [Insert Date] 

Between: 

Employer: [Company Name] (ABN: [Insert ABN]) 
Address: [Insert Address] 

Employee: [Employee Full Name] 
Address: [Insert Address] 

 

1. Purpose 

The purpose of this Agreement is to protect the Employer’s confidential information, trade secrets, and business interests while ensuring compliance with Australian employment laws and the Employee’s workplace rights. 

 

2. Definitions 

Confidential Information means any non-public information relating to the Employer’s business, including but not limited to: 

  • Trade secrets, processes, and methodologies 

  • Business strategies and financial information 

  • Client, supplier, and stakeholder information 

  • Marketing plans and data 

  • Software, systems, and intellectual property 

  • Any information disclosed orally, in writing, electronically, or otherwise marked or reasonably understood as confidential 

Confidential Information does NOT include: 

  • Information that is publicly available (other than through breach of this Agreement) 

  • Information lawfully obtained from a third party 

  • Information required to be disclosed by law 

 

3. Employee Obligations 

The Employee agrees that they will: 

a. Keep all Confidential Information strictly confidential 
b. Use Confidential Information solely for the purpose of performing their employment duties 
c. Not disclose Confidential Information to any third party without prior written consent from the Employer 
d. Take reasonable steps to protect the confidentiality and security of such information 

 

4. Permitted Disclosures 

Nothing in this Agreement prevents the Employee from: 

  • Disclosing information where required by law, court order, or regulatory authority 

  • Making disclosures protected under the Corporations Act 2001 (Cth) (e.g., whistleblower protections) 

  • Exercising rights under the Fair Work Act 2009 (Cth), including discussing workplace rights, conditions, or pay 

  • Reporting unlawful conduct to appropriate authorities 

 

5. Intellectual Property 

All intellectual property created, developed, or contributed to by the Employee in the course of employment will: 

  • Vest in and remain the property of the Employer, unless otherwise agreed in writing 

  • Be promptly disclosed to the Employer 

 

6. Return of Property 

Upon termination of employment or upon request, the Employee must: 

  • Return all documents, records, devices, and materials containing Confidential Information 

  • Delete any electronically stored Confidential Information not returned 

 

7. Duration of Obligations 

  • Confidentiality obligations continue during employment and after termination 

  • Post-employment obligations apply only to information that remains confidential in nature 

 

8. Privacy Compliance 

The Employer will handle personal information in accordance with the Privacy Act 1988 (Cth)
The Employee agrees to comply with all applicable privacy policies and laws when handling personal data. 

 

9. No Restraint Clause (Optional Clause) 

(Include only if legally reviewed, as restraint clauses must be reasonable to be enforceable in Australia.) 

The Employee agrees not to misuse Confidential Information to compete unfairly with the Employer after termination of employment. 
Any restraint will be interpreted to the extent necessary to be reasonable and enforceable under Australian law. 

 

10. Breach of Agreement 

The Employee acknowledges that: 

  • Breach of this Agreement may result in disciplinary action, including termination of employment 

  • The Employer may seek equitable remedies, including injunctions 

 

11. No Limitation of Employee Rights 

Nothing in this Agreement is intended to: 

  • Limit the Employee’s statutory rights under Australian law 

  • Prevent lawful workplace discussions or union participation 

 

12. Governing Law 

This Agreement is governed by the laws of: 

[Insert State/Territory, e.g., New South Wales, Australia] 

 

13. Entire Agreement 

This Agreement forms part of the Employee’s contract of employment and prevails to the extent of any inconsistency regarding confidentiality. 

 

14. Execution 

Signed for and on behalf of the Employer: 

Signature: _________________________ 
Name: ____________________________ 
Title: _____________________________ 
Date: _____________________________ 

 

Signed by the Employee: 

Signature: _________________________ 
Name: ____________________________ 
Date: _____________________________ 


Now compare this to a confidentiality agreement that’s been made and reviewed by a team of HR Specialists for compliance:

CONFIDENTIALITY AGREEMENT

Between

(Insert Business Name) (the Company)

and

(Insert Employee Names and Details) (You)

BACKGROUND

You acknowledge and agree that during the course of your employment you will have access to Confidential Information belonging to the Company. You understand and agree to keep such Confidential Information confidential both during and after your employment on the terms and conditions set out in this Agreement.

1. DEFINITIONS

In this document:

Agreement means this agreement together with any schedules or any amendments made in accordance with this agreement.

Confidential Information is defined as information, regardless of the form or medium in which it is recorded or stored, which relates to all unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, technical data, products and all other intellectual property, financial and business information and all other commercially valuable Company information, including client, customer and business contacts, which the Company regards as confidential to it and all copies, notes and records and all related information generated by you during the course of your employment. Confidential Information excludes, or as the case requires, ceases to include information which is, or becomes:

(a) available in the public domain; or

(b) required to be disclosed by law.

Parties means the parties to this Agreement, and Party means any one of them.

2. DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION

2.1. You agree at all times during or after your employment with the Company:

(a) to refrain from directly or indirectly disclosing to a third-party Confidential Information except in the proper course of carrying out your duties; and

(b) to not make use of any Confidential Information except in the proper performance of your duties; and

(c) to keep confidential all Company Confidential Information; and

(d) to comply with the terms of this Agreement unless otherwise required by applicable laws or regulations.

2.2. You must:

(a) notify the Company immediately if you become aware of a potential or actual breach of this Agreement or any unauthorised disclosure of Confidential Information; and

(b) immediately take all steps reasonably required to prevent or stop the potential or actual breach of this Agreement or any unauthorised disclosure of Confidential Information; and

(c) comply with any direction issued by the Company and provide any assistance reasonably requested from time to time regarding enforcement of this document or any unauthorised disclosure of Confidential Information.

3. SECURITY AND CONTROL

You must:

(a) establish and maintain effective security measures to safeguard the Company’s Confidential Information from disclosure, access or use not authorised by the Company or under this Agreement; and

(b) unless otherwise directed under this Agreement keep Confidential Information under your control; and

(c) take all reasonable steps to protect the Company’s Confidential Information from misuse, loss and from unauthorised access, modification, or disclosure.

4. ACKNOWLEDGEMENTS AND INDEMNITY

4.1. You acknowledge that you are aware that any breach of any obligation in this Agreement may result in the Company suffering damage, and that an award of damages may be insufficient to compensate the Company for that breach. Accordingly, in addition to other remedies that may be available, the Company may seek and obtain injunctive relief against such a breach or a threatened breach.

4.2. You acknowledge and agree that this Agreement is intended to be for the benefit of the Company and its business.

4.3. You acknowledge and agree that the terms of this Agreement are in addition to and not in substitution for or derogation of any duty of confidence imposed upon the Parties generally at law, in equity or under any other agreement, arrangement or understanding already in place between the Parties. Where any inconsistencies in those duties arise, the terms of this Agreement shall prevail.

4.4. You agree to indemnify the Company from and against any and all losses, damages, expenses, and legal costs that the Company may sustain or incur as a result, whether directly or indirectly, of any breach of your obligations under this Agreement.

5. INTELLECTUAL PROPERTY RIGHTS

You understand and acknowledge that this Agreement does not transfer any interest in any intellectual property, and that the Company retains (and does not waive) any rights the Company may have in respect of patents, trademarks, copyright, moral rights or other intellectual property or proprietary rights.

6. RETURN OF CONFIDENTIAL INFORMATION

6.1. Upon the termination of your employment and at any time requested by the Company you are required to cease using the Company’s Confidential Information.

6.2. On receiving a notice pursuant to this clause, or upon the termination of your employment, your right to possess or use Confidential Information ceases and you must immediately:

(a) return all Confidential Information in your possession or control to the Company; and

(b) destroy and certify in writing to the Company the destruction of all Confidential Information in your possession or control; and

(c) destroy and permit the Company to witness the destruction of all Confidential Information in your possession or control; or

(d) destroy all copies summaries, notes, or reproductions of all Company Confidential Information in your possession or control.

7. POST-TERMINATION OBLIGATIONS

The obligations of confidentiality under this Agreement continue to apply to you after the termination of your employment with the Company.

8. WAIVER

The failure of the Company at any time to insist on performance of any provision of this document is not a waiver of its right at any later time to insist on performance of that or any other provision of this Agreement.

9. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of the state in which you are employed. You agree to submit to the jurisdiction of the courts of that state.

10. SEVERABILITY

The Parties acknowledge and agree that each clause of this Agreement is separate, severable, and reasonable. Should any clause or clauses be held to be unenforceable but would be enforceable if part of the wording of a clause or clauses is deleted, then the provisions contained in each clause shall apply under deletion of the particular words, so as to make the clause or clauses effective.

11. VARIATION

No variation or modification of this Agreement shall be effective unless it is in writing and signed by you and the Company (or respective authorised representatives).

12. EXECUTION

SIGNED BY AN AUTHORISED OFFICER OF THE EMPLOYER ......................................................... Authorised Officer ......................................................... Title of Authorised Officer .............................................. Witness .............................................. Name of Witness (printed)

..............................................

Dated

SIGNED BY YOU

.........................................................

Employee

..............................................

Dated

............................................. Witness ..............................................


When comparing both the issue becomes glaringly obvious: the AI generated one is far too simple and misses various nuances and aspects that a legally binding document should have. While the expert reviewed version is detailed and covers all angles, the AI generated one is too simple to be relied upon. Yes, it isn’t completely wrong in describing what a confidentiality agreement should have, but when it comes to compliance and the Fair Work commission, you cannot afford to take shortcuts.

What’s particularly concerning is just how simplified the sections on disclosing confidential information are in the version generated by Copilot. Even after being prompted to produce a document that’s fully compliant with Australian employment laws, it still comes short while missing various details and overall being too sparse to be used as a legal document. You’d also be wise not to forget the risks of AI hallucinating different laws, cases, and examples when generating documents.

While AI certainly has its uses, legally binding documents should clearly be left to the specialists as shown in the comparisons above. With fully compliant HR documents and a team offering 24/7 support with employment, documents, and technical enquiries, you can be assured knowing that compliance issues are one less thing you need to worry about. You can’t put a price on peace of mind! 

For more information on how our HR software and team can help you avoid Fair Work compliance issues, get in touch with us today at 1 300 029 198 or contact us here to book a free demo. 


Mollie Eckersley

Associate Director of Operations at BrightHR Australia and New Zealand

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