General information, not legal advice. The official places to check are the Fair Work Commission’s page on unfair deactivation for employee-like workers and the Fair Work Ombudsman.
the eventWhat counts as a deactivation
Under s 536LG of the Fair Work Act, a person is deactivated if they did digital platform work through the platform, the operator “modified, suspended, or terminated the person’s access”, and they can no longer work under an existing or prospective services contract, or in effect cannot.
whoWho is protected
A person is protected if they are an employee-like worker, work through the platform or under a contract it arranged, and have done so “on a regular basis for a period of at least 6 months” (s 536LD). The Fair Work Commission adds that, to apply, the deactivation must have happened on or after 26 February 2025.
The Digital Labour Platform Deactivation Code gives two ways work counts as regular, without limiting others: an average of 60 hours of paid work each month, or paid work on an average of 3 days each week (s 18). Only time on paid work counts, so waiting for work or time between tasks does not; a worker who skips some weeks can still work on a regular basis.
The worker’s annual rate of earnings, with any amounts the regulations add, must be less than the contractor high income threshold (s 536LU(2)). The unfair terms guide explains the threshold.
the testWhat makes it unfair
Under s 536LF, the Commission must be satisfied that the person was deactivated, that the deactivation “was unfair”, and that it “was not consistent with the Digital Labour Platform Deactivation Code”. In deciding fairness it weighs whether there was a valid reason related to the person’s capacity or conduct, whether the Code’s processes were followed, and anything else it considers relevant (s 536LH(1)).
Two kinds of deactivation are not unfair, whatever else applies:
- one that “occurs because of serious misconduct” (s 536LH(2)); and
- a modification or suspension of access for no more than 7 business days, where the Commission is satisfied the operator believes on reasonable grounds that one of these applies: it is needed to protect the health and safety of a platform user or member of the community; the person engaged in fraudulent or dishonest conduct; the person has not complied with licensing or accreditation requirements under Commonwealth, state or territory law (theirs, or the operator’s where the person’s conduct may cause a breach); or it is needed so the operator can investigate one of those matters or refer it to a law enforcement agency (s 536LH(3), (4)).
the stepsThe Code’s process, in order
The Code process applies when the operator is considering deactivating a protected worker for a reason related to their conduct or capacity, but not for serious misconduct (Code s 7).
- A written warningIt states the reason; that the worker risks deactivation if the matter is not remedied within a reasonable time, if the reason continues or is repeated, or if another issue about their conduct or capacity arises; and that they may get support from someone other than a lawyer acting professionally (s 8). It can be skipped where the operator considers on reasonable grounds that the matter warrants immediate suspension or makes continued work unreasonable (s 9).
- A preliminary deactivation noticeIt gives the reason, says termination of access is being considered, sets a reasonable period to respond and to ask for a discussion with the operator’s representative, and says the worker may appoint someone for support or representation; access may be modified or suspended meanwhile, with written notice (ss 11, 12).
- The worker’s answerWritten or spoken. “A human representative” of the operator must consider it and make any further inquiries reasonably warranted (s 13).
- The decision, in writingNo further action, with any suspension lifted, or termination of access, only for a valid reason the operator considers on reasonable grounds has been established. A final notice states the reason, when it takes effect and how final payments will be made (s 14).
The Code was amended from 12 June 2026, including rules on allegations of sexual harassment, and the amendments apply to deactivations after that date (s 24).
the reasonsWhat may be a valid reason
Section 19 of the Code groups the matters that may be a valid reason, when they arise in the course of, or in relation to, work through the platform. The list does not limit other reasons (s 19(17)), and s 19A adds two more.
| Heading | In short |
|---|---|
| Failure to meet platform obligations | Not meeting reasonable, known requirements, such as the contract, conditions of use or code of conduct |
| Health and safety matters | Inappropriate physical or verbal conduct; safety grounds the operator holds on reasonable grounds; unsafe driving, including speeding |
| Misuse of information | About the operator, customers, other workers or the public |
| Fraud, dishonesty or deliberate damage | Including theft |
| Breach of law or regulatory requirements | Referral to an agency, a mandatory industry code, or an agency’s request for removal |
| Licensing, accreditation and screening | Not meeting, or losing, a requirement needed for the work |
| Inactivity | Where an agency’s requirement obliges deactivation |
| Pattern of behaviour; other platform work (s 19A) | Multiple sexual harassment reports within 24 months; sexual harassment in other platform work |
the remedyApplying, and what can be ordered
A person who has been deactivated may apply to the Commission (s 536LU(1)) “within 21 days after the deactivation or termination took effect”, or within a further period the Commission allows for exceptional circumstances (s 536LU(3), (4)).
If it finds the deactivation unfair it may order reactivation: lifting a suspension, restoring access, or putting modified access back as it was (s 536LQ(1)). It may also order an amount for remuneration lost because of the deactivation (s 536LQ(3)), but “must not order the payment of compensation” (s 536LP(3)). After reactivation, the Code requires the same access to the worker’s data and a status or ranking no lower than before (s 21).