41Disputes involving employee road transport drivers

#### 41 Disputes involving employee road transport drivers Dispute between employee and employer (1) The Tribunal may deal with a dispute between a road transport driver who is an employee and the employer of the driver if the dispute is about remuneration or related conditions provided by the employer that could affect whether the driver works in an unsafe manner. The parties to the dispute are the driver and the employer. > Note: Disputes involving drivers who are employees may also be dealt with under the Fair Work Act 2009 (see section 595 of that Act). Dispute between employee and former employer (2) The Tribunal may deal with a dispute between a road transport driver and a former employer of the driver if: (a) the dispute is about the former employer dismissing the driver; and (b) the driver contends that the dismissal was mainly because the driver refused to work in an unsafe manner. The parties to the dispute are the driver and the former employer. Interaction with Fair Work procedures (3) A road transport driver who has applied to the Tribunal under section 40 in relation to a matter must not make an application or complaint under the Fair Work Act 2009 in relation to the same matter, unless the application to the Tribunal has been withdrawn or has failed for want of jurisdiction. (4) A road transport driver who has made an application or complaint in relation to a matter under the Fair Work Act 2009 must not apply to the Tribunal under section 40 in relation to the same matter, unless the application or complaint under the Fair Work Act 2009 has been withdrawn or has failed for want of jurisdiction.