s.536LU - Application for an unfair deactivation remedy

Application for an unfair deactivation remedy - application dismissed

• [1] Ms Tran has made an unfair deactivation application against Portier Pacific Pty Ltd trading as Uber Eats.

• [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)).

• [3] There is no dispute that Ms Tran commenced working for Uber in January or February 2025 and was deactivated by Uber in May 2025.

• [4] Ms Tran is not protected from unfair deactivation because, at the time of her deactivation, she had not performed work for Uber on a regular basis for a period of at least 6 months. It follows that Ms Tran's unfair deactivation application must be dismissed.

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