What Does “Regular Basis” Mean for Uber Drivers?

If you’ve been deactivated from a platform like Uber Eats, you may be able to lodge an unfair deactivation claim with the Fair Work Commission. But one of the key requirements is that you must have worked on a regular basis for at least six months before the deactivation.

Under section 18 of the Digital Labour Platform Deactivation Code, you're automatically considered to be working on a regular basis if you averaged 60 hours of paid work per month or worked on three days per week on average. These thresholds apply to time actually spent doing paid work—not time spent online or waiting for jobs. Only the time spent completing tasks that attract payment (like picking up and delivering orders) counts.

Importantly, you don’t need to have worked every single week. Even if you skipped a week here and there—due to illness, travel, or personal reasons—you may still qualify, as long as your overall pattern of engagement meets the average.

The Code also allows for flexibility. Even if you don’t strictly meet the 60-hour or 3-day threshold, you may still be found to have worked on a regular basis depending on your broader work pattern. For example, a consistent but slightly lower workload could still be enough to qualify, particularly if there’s a clear connection to the platform and reliance on the income.

This threshold matters because the Fair Work Commission will assess whether you were an “employee-like worker” with regular engagement. If not, the Commission may decide it doesn’t have the power to hear your claim.

Before lodging an application, it’s worth checking your delivery records to see if your work pattern supports eligibility. If you’re close to the threshold—or had good reasons for any breaks—you may still be covered.