[2025] FWC 1578
Citation: [2025] FWC 1578
What happened
Mr Priyansh Singh Panwar sought a remedy for unfair deactivation from Portier Pacific Pty Ltd, trading as Uber Eats. Uber Eats argued Mr Panwar wasn't protected from unfair deactivation because he hadn't performed work on their platform regularly for at least six months. Mr Panwar disagreed. The Fair Work Commission held a hearing on 4 June 2025, where evidence was presented by both sides. The relevant period for assessing regularity of work began on 26 August 2024.
What was decided
The Fair Work Commission dismissed Mr Panwar's application for an unfair deactivation remedy. Deputy President Saunders found he did not meet the requirement of performing work on a regular basis for at least six months. The Commission considered the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which stipulates that only work performed after 26 August 2024 counts towards the six-month period. The Commission also considered the Digital Labour Platform Deactivation Code and its Explanatory Statement.
What it means for employers
Employers using digital labour platforms must ensure they can demonstrate that workers have performed work regularly for at least six months to avoid unfair deactivation claims. Only work performed after 26 August 2024 counts towards this six-month period. Understanding the criteria for 'regular work' as outlined in the Digital Labour Platform Deactivation Code is crucial.
What it means for employees
Employees working through digital labour platforms need to have performed work regularly for at least six months, starting from 26 August 2024, to be protected from unfair deactivation. Sporadic or occasional work may not be considered 'regular' for the purposes of this requirement. Any work performed before 26 August 2024 will not be counted towards the six-month period.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1578.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 →