Thi Diem Ha Tran v Portier Pacific Pty Ltd

[2025] FWC 1575

[2025] FWC 1575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.536LU - Application for an unfair deactivation remedy

Thi Diem Ha Tran
v

Portier Pacific Pty Ltd

(UDE2025/63)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 6 JUNE 2025

Application for an unfair deactivation remedy  - application dismissed

1. Ms Tran has made an unfair deactivation application against Portier Pacific Pty Ltd trading as Uber Eats.

1. 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)).

1. There is no dispute that Ms Tran commenced working for Uber in January or February 2025 and was deactivated by Uber in May 2025.

1. Ms Tran is not protected from unfair deactivation because, at the time of her deactivation, she had not performed work for Uber on a regular basis for a period of at least 6 months. It follows that Ms Tran’s unfair deactivation application must be dismissed.

DEPUTY PRESIDENT

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