When is the deadline for unfair deactivation or unfair termination application, regulated workers (forms f89/f90)?
The catalogue records a 21 days period from the day the deactivation or termination took effect. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 21 days
- Trigger
- the day the deactivation or termination took effect
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 536LU(4): the FWC may allow a further period if satisfied there are exceptional circumstances, taking into account (a) the reason for the delay; (b) whether the person first became aware of the deactivation or termination after it took effect; (c) any action taken to dispute it; (d) prejudice to the regulated business; (e) the merits; (f) fairness as between the person and other regulated workers in a similar position; (g) any processes specified in the Digital Labour Platform Deactivation Code or the Road Transport Industry Termination Code.
- Introduced by the Closing Loopholes reforms for employee-like workers on digital labour platforms and regulated road transport contractors. Section 536LU(2) also imposes an eligibility cap by reference to the contractor high income threshold. Part 11 of the Fair Work Commission Rules 2024 is expressly 'reserved for future use', so no response deadline for Forms F89A/F90A is fixed by the Rules; it is set by FWC directions.