s.536LU - Application for an unfair deactivation remedy

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

[1] Mr Haider 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). Portier Pacific Pty Ltd trading as Uber Eats is the respondent to the application.

[2] Mr Haider's deactivation took effect on 19 September 2023.

[3] Part 3A-3 of the Act, which provides a remedy for workers who provide services on a digital labour platform from unfair deactivation, commenced on 26 August 2024 and only applies to deactivations that occurred on or after 26 February 2025.

[4] Because Mr Haider's deactivation took effect on 19 September 2023, he is not protected from unfair deactivation under the Act. Accordingly, the Commission has no jurisdiction to consider the fairness of Mr Haider's deactivation.

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

[6] It follows that Mr Haider's unfair deactivation application must be dismissed.

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