Omer Jawaid v Rasier Pacific Pty Ltd Summary

[2025] FWC 1743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.536LU - Application for an unfair deactivation remedy

Omer Jawaid
v

Rasier Pacific Pty Ltd

(UDE2025/82)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 20 JUNE 2025

Application for an unfair deactivation remedy - application dismissed

Mr Jawaid has made an unfair deactivation application against Rasier Pacific Pty Ltd trading as Uber.

A person must be protected from unfair deactivation in order to be able to obtain a remedy for unfair deactivation. One of the requirements a person must meet to be protected from unfair deactivation is that they have been performing work on a digital labour platform on a regular basis for a period of at least 6 months (s 536LD(c) of the Fair Work Act 2009(Cth)). In assessing whether this requirement has been met, the Fair Work Commission is not allowed to take into account any work performed prior to 26 August 2024 (clause 124 of Part 18 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024).

There is no dispute that Mr Jawaid was deactivated on 30 September 2023 and has not performed work for Uber since that time.

Mr Jawaid is not protected from unfair deactivation because, at the time of his deactivation and not including any work performed prior to 26 August 2024, he had not performed work for Uber on a regular basis for a period of at least 6 months. It follows that Mr Jawaid’s unfair deactivation application must be dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Omer Jawaid, has filed an application for an unfair deactivation remedy against Rasier Pacific Pty Ltd, trading as Uber, before the Fair Work Commission (FWC). Mr Jawaid seeks to challenge his deactivation from Uber's platform as an unfair labour practice under the Fair Work Act 2009. The matter was heard by Deputy President Saunders in Newcastle on 20 June 2025. The key legal issue before the FWC was whether Mr Jawaid met the statutory requirement to be protected from unfair deactivation, specifically the need to have performed work on a digital labour platform on a regular basis for at least six months. Given the legislative changes introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, the FWC could not consider any work performed before 26 August 2024. Mr Jawaid had been deactivated on 30 September 2023, and it was undisputed that he had not worked for Uber since then. After assessing the evidence, the FWC found that Mr Jawaid had not performed work on a regular basis for the requisite six-month period post-26 August 2024, and thus he was not protected from unfair deactivation. Consequently, the FWC dismissed Mr Jawaid's application for an unfair deactivation remedy.

Omer Jawaid v Rasier Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established