[2025] FWC 1289
Citation: [2025] FWC 1289
At a glance
- Employees affected
- 1
What happened
Ibrahim Jibril sought an order from the Fair Work Commission requiring Uber Australia Pty Ltd, operating through Rasier Pacific Pty Ltd, to reactivate his account. He claimed unfair deactivation. Rasier Pacific argued he wasn't protected under section 536LD of the Fair Work Act 2009 because he hadn't worked on the platform for at least six months. Jibril had a services agreement with Rasier Pacific from 16 November 2024, starting work on 26 November 2024, and was deactivated on 12 March 2025. He previously worked for Uber between 2017 and 2019.
What was decided
The Fair Work Commission dismissed Ibrahim Jibril’s application for reactivation. The Deputy President found he did not meet the six-month requirement outlined in section 536LD(c) of the Fair Work Act 2009. The Commission determined his previous work for Uber between 2017 and 2019 was a separate period and did not contribute to the six-month requirement for protection against unfair deactivation. The legislation requires a continuous period of work ending with the deactivation.
What it means for employers
Employers using digital labour platforms should be aware of the six-month requirement under section 536LD of the Fair Work Act 2009 for protection against unfair deactivation. This requirement applies to workers performing work through or by means of the platform. Previous periods of work do not count towards this requirement.
What it means for employees
If you've been deactivated from a digital labour platform, you may be protected from unfair deactivation under the Fair Work Act 2009. However, you must have been performing work on the platform for at least six months continuously before the deactivation. Previous periods of work on the platform do not count towards this requirement.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1289.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →