[2025] FWCFB 182
What happened
the Applicant worked for Amazon Commercial Services Pty Ltd as a delivery person from March 2023 until he was deactivated in April or May 2025. He delivered approximately 22,000 packages. Following a customer complaint about entering a residence, Amazon deactivated the Applicant. He received an email on 7 April 2025 informing him of the potential deactivation and a 48-hour window to respond. A final deactivation notice was received on 8 April 2025, with a 31-day notice period. the Applicant filed an unfair deactivation application with the Fair Work Commission on 4 May 2025, which was beyond the 21-day timeframe. He experienced health issues and cared for his wife and newborn during this period.
What was decided
The Fair Work Commission Full Bench considered whether the Applicant's deactivation took effect on 8 April 2025, as contended by Amazon. They determined the key issue was whether to grant an extension of time for his unfair deactivation application. The Bench noted there were no factual disputes to resolve. The decision focused on whether 'exceptional circumstances' existed to justify extending the 21-day deadline. The Bench reserved its decision, indicating it would consider the circumstances surrounding the Applicant's application and whether an extension of time was warranted.
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