s.536LU - Application for an unfair deactivation remedy

Application for an unfair deactivation remedy - application dismissed

• [1] Mr Jawaid has made an unfair deactivation application against Rasier Pacific Pty Ltd trading as Uber.

• [2] A person must be protected from unfair deactivation in order to be able to obtain a remedy for unfair deactivation. One of the requirements a person must meet to be protected from unfair deactivation is that they have been performing work on a digital labour platform on a regular basis for a period of at least 6 months (s 536LD(c) of the Fair Work Act 2009(Cth)). In assessing whether this requirement has been met, the Fair Work Commission is not allowed to take into account any work performed prior to 26 August 2024 (clause 124 of Part 18 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024).

• [3] There is no dispute that Mr Jawaid was deactivated on 30 September 2023 and has not performed work for Uber since that time.

• [4] Mr Jawaid is not protected from unfair deactivation because, at the time of his deactivation and not including any work performed prior to 26 August 2024, he had not performed work for Uber on a regular basis for a period of at least 6 months. It follows that Mr Jawaid's unfair deactivation application must be dismissed.

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