Gig Workers Gain New Protections Under Unfair Deactivation Laws

| September 17, 2025

From 26 February 2025, employee-like workers can now lodge an unfair deactivation claim if they believe they’ve been unfairly removed from a digital labour platform (think Uber, DoorDash, and similar apps).

A recent decision involving Uber has clarified how the Fair Work Commission (FWC) will approach these claims. To be eligible, a worker must:

• Be an employee-like worker;  
• Perform work through a digital labour platform or under a services contract arranged or managed through a digital platform, and 
• Have been working regularly for at least 6 months.  

Background

Mr Bakar commenced performing Uber Eats delivery work in about July 2023 under a services agreement was with Portier Pacific Pty Ltd (Portier). In March 2025, he switched to driving passengers as an Uber Driver Partner under a separate agreement with Raiser Pacific Pty Ltd (Raiser). 

In May 2025, he was deactivated from the Uber App and made an application for an unfair deactivation remedy under s 536LU of the Fair Work Act 2009 (Cth) (FW Act).  

Raiser argued that because Mr Bakar performed different types of work for different entities, he was not eligible to bring such a claim.  

Decision

Deputy President Saunders disagreed and found that: 

• The FW Act does not different between different types of work or the entities providing it. 

• Mr Bakar worked regularly through the Uber App, being a digital labour platform, from July 2023 until his deactivation in May 2025.  

• There was no dispute that the work was being performed regularly with Mr Bakar, working multiple times almost every week.  

Key Takeaways

Digital labour platforms should be mindful that even if a worker performs different roles or works for multiple entities within the platform, they may still qualify to bring an unfair deactivation claim. 

Now is a good time to review your platform agreements and practices to minimise the risk of disputes. 

Final Thoughts

The new unfair deactivation regime marks a meaningful shift in platform work regulation. It recognises that even if a worker’s engagement involves different entities or roles, what matters is regular work through a digital platform and meeting the eligibility requirements. Employers and platforms now need to ensure their practices are compliant, transparent, and fair to avoid liability.

At IRiQ Law, we specialise in helping digital labour platforms, contractors, and businesses review their service contracts, engagement arrangements, and deactivation policies.

If you’re unsure whether your programme meets the new law, or want to minimise risk, contact our team today. We can guide you through structuring your policies to protect workers and safeguard your operations.