Application by the Applicant
Citation: [2026] FWC 3061
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission seeking a remedy for unfair deactivation. He worked as an Uber driver for Raiser Pacific Pty Ltd, using a digital account managed by the company. the Applicant believed his account was deactivated on June 23, 2026, but later clarified it was actually deactivated in July 2020 when he returned to Australia after being overseas.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found that because the Applicant's account was deactivated before February 26, 2025, the unfair deactivation provisions of the Fair Work Act did not apply to his case. Consequently, the Commission lacked jurisdiction to hear the matter.
What it means for employers
Employers using digital platforms or accounts for workers should be aware of the timeframe related to unfair deactivation protections under the Fair Work Act. Deactivating an account outside this period may still have legal implications but won't trigger these specific provisions.
What it means for employees
Employees who believe their digital work accounts have been unfairly deactivated should check when the deactivation occurred. The current legislation offers protection only for deactivations occurring after February 26, 2025.
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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