Haris Ishfaq [2025] FWC 2530 (28 August 2025)

s.536LU - Application for an unfair deactivation remedy

Application under s 536LU - six month requirement not met - application dismissed

• [1] Haris Ishfaq has made an application under s 536LU of the Fair Work Act 2009 (Act) in which he contends that 'Uber Eats' unfairly deactivated him from the Uber Eats digital labour platform. He seeks an order for his reactivation under s 536LP. Portier Pacific Pty Ltd submits that it is the proper respondent to the application, because it is the entity that operates the Uber digital labour platform. I find that this is the case. Portier Pacific objects to the application on the ground that Mr Ishfaq was not a person 'protected from unfair deactivation' as defined in s 536LD, because he had not been performing work through or by means of the platform, or under a contract or contracts facilitated through the platform, for a period of at least 6 months. Portier Pacific submitted that Mr Ishfaq commenced working through its platform on 21 May 2025, and that it deactivated Mr Ishfaq's account on 9 July 2025, such that Mr Ishfaq had worked on the platform for only one and a half months, well short of the six-month period required by s 536LD(c). Mr Ishfaq agreed that this was the case.

A person is protected from unfair deactivation at a time if, at that time:

(i) performs work through or by means of a digital labour platform operated by a digital labour platform operator; or

(ii) performs work under a services contract arranged or facilitated through or by means of a digital labour platform operated by a digital labour platform operator; and

(c) the person has been performing work through or by means of that 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.

• [3] Mr Ishfaq was not a person protected from unfair deactivation because he had not been performing work through or by means of the Uber driver platform, or under a contract or contracts facilitated by the platform, for a period of at least 6 months. The requirement of s 536LD(c) is not met.

• [4] Mr Ishfaq's application is therefore dismissed.

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