s.536LU - Application for an unfair deactivation remedy

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

[1] Mohamed Abukar has made an application under s 536LU of the Fair Work Act 2009 (Act) in which he contends that 'Uber' unfairly deactivated him from its digital labour platform. On 4 February 2026, I advised Mr Abukar that he did not appear to be a 'person protected from unfair deactivation' - see s 536LD of the Fair Work Act 2009 (Act). The application stated that deactivation occurred on 9 February 2025. In order to be protected from unfair deactivation, a person must have been performing work on a digital platform etc for a period of at least 6 months. The deactivation provisions in the Act commenced on 26 August 2024. Work undertaken prior to this time does not count towards the 6-month period. In practical terms, this means that a person cannot bring an unfair deactivation claim unless the deactivation occurred on or after 26 February 2025. I advised Mr Abukar that I proposed to dismiss the application after 2.00pm on 6 February 2026, on the basis that the requirements of the Act had not been met, and that any submission he may wish to make should be submitted to the Commission before this time. No submission was received.

[2] My determination in this matter is that Mr Abukar was not a person protected from unfair deactivation because he had not been performing work of the relevant kind for a period of at least 6 months. The requirement of s 536LD(c) is not met. The application is therefore dismissed.

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