Uber case explores eligibility requirements for workers switching services
The Fair Work Commission (FWC) recently addressed an eligibility question under Australia's new gig economy deactivation laws, finding that an Uber driver who performed both food delivery and rideshare services was protected from unfair deactivation despite working different roles under separate contracts.
The case arose when the worker was deactivated from the Uber platform in May 2025 after nearly two years of continuous work, with Rasier Pacific initially arguing he lacked sufficient tenure due to switching between service types.
The worker argued he met the six-month regular work requirement through continuous platform engagement spanning both Uber Eats delivery and Uber Driver Partner services.
Rasier Pacific contested this interpretation, claiming separate contracts for different work types broke the continuity requirement, but withdrew their objection before the decision was published.
Since February 2025, employee-like workers can lodge unfair deactivation claims if they believe they have been unfairly removed from digital labour platforms like Uber, DoorDash, and similar apps.
The legislation requires workers to demonstrate they performed work through a digital platform on a regular basis for at least six months to qualify for protection.
The worker commenced Uber Eats delivery work in July 2023 under a services agreement with...
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