In this episode of Inside IR, Natalie Gaspar and Adam Ray discuss the impact of generative AI on industrial relations and bargaining. They explore how AI technologies, particularly generative AI, are transforming workplaces by performing tasks that typically require human input, such as content creation and decision-making. The episode delves into the responses from Australian unions, including the ACTU's formal policy on AI, which emphasises the need for genuine consultation, transparency, and clearly defined responsibilities and liability. They also discuss the potential for AI to enhance job efficiency and the importance of training employees to use these technologies effectively. The conversation highlights the evolving landscape of industrial relations in the face of rapid technological advancements, the implications for job security and workplace management, and how AI-related claims might be approached in bargaining.

In this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relating to liability for secret commissions in the motor finance context, which has potentially broader implications. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by James Farrell, a disputes partner, and Nic Patmore, a senior associate in our disputes team.

Below you can find links to our blog posts on most of the developments and cases covered in this podcast.

• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait
• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding
• High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months
• Court of Appeal finds lenders liable in motor finance broker commission cases

Our experts unpack some of the critical legal considerations to navigate the complexities of AI-related issues and disputes. The discussion touches on the current and future legal framework, some of the regulatory, enforcement and litigation risks associated with the use of AI including IP, AI washing, data and privacy, and consideration of how to insure against those risks.