s.536LU - Application for an unfair deactivation remedy

Application for an unfair deactivation remedy - applicant not protected from unfair deactivation - application dismissed.

[1] Mr Mebarkia has made an application to the Fair Work Commission for an unfair deactivation remedy pursuant to s 536LU of the Fair Work Act 2009 (Cth).

[2] Mr Mebarkia alleges in his application that he began working with Uber on 11 October 2025 and his deactivation took effect on 12 November 2025. It follows that Mr Mebarkia had not, at the time he was deactivated, been performing work through or by means of a digital labour platform, or under a contract, or a series of contracts, arranged or facilitated through or by means of the digital labour platform, on a regular basis for a period of at least 6 months. Accordingly, Mr Mebarkia was not protected from unfair deactivation at the time of his deactivation (s 536LD(c) of the Act).

[3] Because Mr Mebarkia was not protected under the Act from unfair deactivation, the Commission has no jurisdiction to consider the fairness of Mr Mebarkia's deactivation and the Commission must not order a remedy for unfair deactivation (s 536LP(a) of the Act).

[4] Mr Mebarkia has requested the Commission to consider his case on exceptional, fairness and compassionate grounds. There is no power under the Act to do so.

[5] It follows that Mr Mebarkia's unfair deactivation application must be dismissed.

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