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‘I never questioned it’: the risk of leaving everything to AI

By Josh James

"I use it word-for-word. Cut and paste ... If a lawyer gave me info, I’d be double checking their info with ChatGPT.”

That is how one person described using ChatGPT to prepare a workplace claim, in recent research commissioned by the Fair Work Commission (FWC). About 40% of the applicants surveyed said they used AI to prepare or manage their claims.

Business Law WA Group Legal Director Ryan Martin shared the research with about 200 business owners and industry leaders at CCIWA’s Small Business Summit on October 26.

His was one of three AI presentations, and each made the same point: AI is a good place to start, but your voice and judgement still matter.

Research a market and build a website with AI

Zetta Technology Executive Nikki Pereira and AI Engineer Jack Pasallo showed in a live demonstration how a short, clear brief can get an AI assistant to research a market and build a website.

Pasallo played a business owner with six weeks to open a coffee shop in the Perth CBD, using a laptop, a phone and the cheapest AI plan.

“The cheapest one will do, which is the $30 plan. That’ll be plenty,” he said.

His first prompt said he was not technical and was opening in the Perth CBD, then asked the assistant to research the market. It returned a report on nearby competitors’ prices and gaps in the market. A one-sentence prompt then produced a website, and he asked for 12 more designs that looked “wildly different”.

Zetta’s tips for useful results from AI:

  1. Describe the desired outcome and what “done” looks like, say who you are and where you operate
  2. Keep the brief short and avoid over-directing the AI
  3. Ask for several options, and rerun it if the result is off
  4. Hand over a task and get on with other work while it runs

“If you give it too much direction, it’ll stick in that direction and give you a cookie cutter type of a website,” Pasallo said.

Treat the first result as a starting point, then adjust it for your audience and the outcome you want.

Help customers find you, in your own words

Juicebox Marketing Strategist Paul Clout and Senior Digital Strategist Kelly Lyons said customers are starting to ask AI for recommendations, and ranking well on Google is no longer enough.

“To show up in AI answers, you need to be talked about, not just ranked,” Lyons said.

A woman in a light blue shirt smiles and gestures as she speaks on stage, with a man in a grey blazer standing beside her in front of a large blue screen.

Mentions on YouTube, Reddit, LinkedIn, trade press and PR count more than ever; Juicebox said this gives small businesses a chance.

Juicebox cautioned that this is changing daily.

To see where you stand, search your five most common customer questions in Google and ChatGPT (or other models), then check whether your business is named and how far down.

The same goes for what you publish. Lyons said AI can help with writing, but people will soon be able to tell when content is AI-made, so a person must stay behind it.

"I'm not saying you're wrong for using AI ... but there has to be that human nuance, human lens," she said.

“Humans are becoming more important than ever."

Juicebox's advice: use AI to draft, then edit it until it sounds like your business and not everyone else’s.

The same care applies to anything legal. One large client had been writing internal legal documents with AI.

“It’s okay to try and do the groundwork with AI, but you need to get a legal professional to actually look at your content,” Lyons said.

Legal advice for your contracts and workplace policies

Need a legal professional to check your contracts, policies or a workplace claim? Business Law WA, CCIWA’s wholly owned legal practice, advises on employment contracts, workplace policies, claims and workplace investigations, and can help defend Fair Work Commission claims.

CCIWA members receive a discount, and non-members are welcome too. For a free consultation, call 08 9365 7746 or email [email protected].

Check what AI produces before you act on it

AI can help an employee with a genuine complaint obtain advice they may not have been able to afford before, but misuse makes disputes harder to resolve.

“They put all their faith in what [AI tells] them. [AI is] telling them they’re going to get $40,000,” Martin said.

Most of the time, claims like these used to settle at the early stage of a conciliation conference at the FWC, after the process was properly explained to the employee and where weaknesses of their case were identified in the employer response.

Martin said that is much harder when the employee is relying on a figure from AI and a mistaken belief that they have a strong case, when they do not.

“That’s all they see, and they put all their faith in what AI is telling them; so they’re pushing on with it," he said.

“AI will populate pages and pages of complaint and case law ... but there’s something at the core that’s actually upset the employee, and that’s what you need to get to the bottom of."

Martin’s advice for employers:

  • Talk to the employee before going on the defensive, and train managers to handle difficult conversations
  • Get advice before replying in writing, and not from AI
  • Consider an AI policy that requires staff to confirm where they are using AI to assist them and if so, they have read anything they lodge as a complaint or grievance and that it is true and accurate

He also warned business owners about legal professional privilege, the protection that keeps legal advice confidential.

“If you get advice from a lawyer, don’t run it through AI ... you’ll potentially waive legal professional privilege by doing so,” he said.

Did you know: From October 20, anyone lodging a document prepared with AI must tell the FWC and confirm they have checked that the facts, cases and quotes are real.

How we can help

For support with recruitment, onboarding or performance management, contact our Employee Relations Helpline on 08 9365 7660 or [email protected].

Free unlimited use of our helpline is included in CCIWA membership. Find out more about how CCIWA membership can support your business.

This article is general information only and does not constitute legal advice.

"I use it word-for-word. Cut and paste ... If a lawyer gave me info, I’d be double checking their info with ChatGPT.”
That is how one person described using ChatGPT to prepare a workplace claim, in recent research commissioned by the Fair Work Commission (FWC). About 40% of the applicants surveyed said they used AI to prepare or manage their claims.

Business Law WA Group Legal Director Ryan Martin shared the research with about 200 business owners and industry leaders at CCIWA’s Small Business Summit on October 26.

His was one of three AI presentations, and each made the same point: AI is a good place to start, but your voice and judgement still matter.

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