Application by the Applicant
Citation: [2026] FWC 2529
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission for an unfair deactivation remedy against Amazon Commercial Services Pty Ltd (Amazon). The Applicant’s account was deactivated on March 30, 2026. He claimed he started working through the platform on November 10, 2025; however, Amazon's records indicate November 23, 2025. Regardless of the exact start date, his period of work was less than five months.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair deactivation remedy. The Commissioner found he did not meet the requirement of performing work through the platform on a regular basis for at least six months to be protected from unfair deactivation under section 536LD of the Fair Work Act 2009. The decision was made based solely on documents submitted.
What it means for employers
Employers using digital labour platforms should ensure they accurately record employee start dates and understand the requirements for protection against unfair deactivation under the Fair Work Act. Maintaining accurate records is crucial in these situations.
What it means for employees
Employees working through digital labour platforms need to be aware of the six-month regular work requirement to be protected from unfair deactivation. The length of time worked significantly impacts eligibility for remedies if deactivated.
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This summary was drafted 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