s.536LU - Application for an unfair deactivation remedy

Application for an unfair deactivation remedy - application dismissed

• [1] Mr Ibro Adelrehim was an Ubereats delivery driver.

• [2] On 16 September 2025, Mr Adelrehim applied to the Fair Work Commission for an unfair deactivation remedy under s 536LU of the Fair Work Act 2009 (Cth). In his application, Mr Adelrehim said that he was deactivated on 23 August 2024, but also said that he cannot remember exact dates.

• [3] Portier Pacific Pty Ltd responded to the application. They are the legal name of the digital labour platform operator that operates the Ubereats delivery application. I will refer to them in this decision as Ubereats. In accordance with my directions, Ubereats provided me with a record showing the date that Ubereats deactivated Mr Adelrehim. The date stamp on that record is 15 December 2022.

• [4] At the case management conference on 14 October 2025, and with the assistance of an interpreter in Mr Adelrehim's nominated language, I informed Mr Adelrehim about the commencement date of the Commission's unfair deactivation jurisdiction (26 August 2024). I also informed Mr Adelrehim that to be protected from unfair deactivation, he must have performed work on a regular basis for at least 6 months after the commencement of the jurisdiction (s 536LD(c)). Last, I informed him that the Act requires that applications must be made with 21 days after a dismissal takes effect (s 536LU(3)(a)), or the Commission may allow further time where there are exceptional circumstances (s 536LU(3)(b)).

• [5] Mr Adelrehim informed me at the case management conference that the deactivation did not occur this year but last year, that it had been a while and he could not remember.

• [6] I provided Mr Adelrehim with a further opportunity after the case management conference to seek advice and to provide further information to me about the date of his deactivation, whether he had performed work on a regular basis for 6 months and any information about whether there were exceptional circumstances. Mr Adelrehim did not provide me with any further information.
• [7] The record provided by Ubereats is cogent and I accept it. The record shows that Ubereats deactivated Mr Adelrehim on 15 December 2022, more than a year before the commencement of the Commission's unfair deactivation jurisdiction. As Mr Adelrehim's deactivation occurred before the commencement of the unfair deactivation jurisdiction, I do not have any powers to consider whether it was unfair or to order reactivation. I dismiss Mr Adelrehim's application.

• [8] I order that Mr Ibro Adelrehim's application for an unfair deactivation remedy under FWC Matter UDE2025/245 lodged on 16 September 2025 be dismissed.

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