Unfair Deactivation and the Regular Work Requirement
Under the Digital Labour Platform Deactivation Code, workers on apps like Uber, DoorDash and Menulog now have the right to challenge unfair deactivation in the Fair Work Commission. But the Code also sets boundaries on who can apply. The most common hurdle is the regular work requirement.
The Code makes it clear: to bring an unfair deactivation claim, a worker must have performed regular work in the six months before their account was shut down. The test is specific. A person is taken to have done regular work if they worked either:
at least 60 hours in each month, or
on at least 3 days in each week.
If a rider or driver doesn’t meet one of these thresholds, the platform can raise a jurisdictional objection. In practice, this is one of the first arguments platforms are using to try to block claims from even being heard. What this means for workers is simple. It is not enough to hold an account or occasionally log in. You need to be able to show a consistent pattern of work that meets the 60-hours-a-month or 3-days-a-week rule.
For many workers, this requirement will be straightforward to meet. But those who only used the platform casually or had long gaps between jobs may find their case challenged. That makes it critical to gather clear evidence of your work pattern before lodging an application.
The regular work rule is an early gateway test under the Code. If you can show you meet it, your case moves forward to whether your deactivation was fair.
