Application by Mohamad Gharib
At a glance
- 1
What happened
the Applicant, represented by the Transport Workers’ Union of Australia, lodged an application for an unfair deactivation remedy with the Fair Work Commission on 29 June 2026. Uber, trading as Portier Pacific Pty Ltd, sought an extension to respond while attempting settlement discussions. Communication difficulties arose, and the union ceased acting for the Applicant. Despite attempts to contact him, the Applicant did not attend a directions hearing on 20 August 2026, and failed to respond to a subsequent email outlining the potential dismissal of his application.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair deactivation remedy. Deputy President Saunders found the Applicant unreasonably failed to attend a directions hearing. Uber requested the dismissal under section 536M of the Fair Work Act. The Commission can dismiss applications if the applicant unreasonably fails to attend hearings or comply with directions. the Applicant did not respond to the Commission’s communication, leading to the dismissal.
What it means for employers
Employers, particularly those using gig economy platforms, should be aware of the process for dealing with unresponsive applicants in Fair Work Commission proceedings. Following proper procedures, including clear communication and attempts to contact the applicant, is crucial when seeking dismissal of an application.
What it means for employees
Employees who lodge applications with the Fair Work Commission must actively participate in the process, including attending hearings and responding to communications from the Commission. Failure to do so can result in the dismissal of their application.
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