Application by the Applicant
Citation: [2026] FWC 2925
At a glance
- Employees affected
- 1
What happened
The Applicant, represented by the Transport Worker’s Union, applied to the Fair Work Commission seeking a remedy for what he considers an unfair deactivation from the Uber digital labour platform operated by Rasier Pacific Pty Ltd. Rasier disputes that the Applicant was deactivated and objected to the application on this basis. The Respondent failed to file required documents by the deadline and subsequently sought a stay of proceedings. A jurisdictional hearing was scheduled for August 13, 2026.
What was decided
The Fair Work Commission granted a stay of proceedings pending a decision from the Full Bench regarding related unfair deactivation matters involving Rasier Pacific Pty Ltd. The Full Bench will determine statutory construction issues relevant to the Applicant’s case. The Commissioner noted the Respondent's failure to comply with procedural orders and expressed concern that proceeding without the Full Bench’s reasons could hinder a fair hearing.
What it means for employers
Employers using digital labour platforms should strictly adhere to Fair Work Commission directions and deadlines, even when disputing claims. Failure to do so can lead to stays of proceedings and potentially negative consequences for their case.
What it means for employees
Employees who believe they have been unfairly deactivated from a platform may seek remedies through the Fair Work Commission. The outcome of related Full Bench decisions could impact similar cases.
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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 →