6.1Functions of the Tribunal

6.1 Functions of the Tribunal

(1) For paragraph 80(e) of the Act, each of the following is a prescribed function of the Tribunal: (a) to deal with a dispute between parties negotiating a road transport collective agreement if: (i) the dispute relates to remuneration or a related condition that is proposed to be included in the agreement; and (ii) the remuneration or related condition could affect whether a driver works in an unsafe manner; and (iii) a party to the negotiations has requested the Tribunal to deal with the dispute; (b) to deal with a dispute about whether a party negotiating a road transport collective agreement has conducted itself in accordance with a code of conduct prescribed under subsection 33(3) of the Act; (c) to provide assistance to parties negotiating a road transport collective agreement if: (i) a party to the negotiations has made a request to the Tribunal for assistance; and (ii) the request does not relate to a dispute mentioned in paragraph (a) or (b); and (iii) by assisting the parties the Tribunal would facilitate bargaining between the parties; (d) to deal with a dispute between a contractor driver and participating hirer about an approved road transport collective agreement if: (i) the contractor driver provides applicable services to the participating hirer; and (ii) the dispute relates to remuneration or a related condition in the agreement; and (iii) the remuneration or related condition could affect whether a driver works in an unsafe way; and (iv) a party to the dispute has requested the Tribunal to deal with the dispute. (2) The Tribunal may: (a) deal with a dispute mentioned in paragraph (1)(a), (b) or (d) in the following ways: (i) by mediation or conciliation of the dispute; (ii) if the dispute is of the kind mentioned in paragraph (1)(a) or (d)—by making a recommendation or expressing an opinion about whether the proposed remuneration or related condition could contribute to unsafe work practices; (iii) if the dispute is of the kind mentioned in paragraph (1)(b)—by making a recommendation or expressing an opinion about whether a code of conduct prescribed under subsection 33(3) of the Act has been complied with; (iv) if each party to the dispute agrees—by arbitrating (however described) the dispute; and (b) provide the following assistance under paragraph (1)(c): (i) make a recommendation or express an opinion about the proposed road transport collective agreement; (ii) mediate between the parties; (iii) provide conciliation to the parties; (iv) if each party to the negotiations agree—arbitrate (however described) a dispute between the parties. (3) Paragraph (1)(d) applies whether or not the contractor driver was a participating driver during negotiations of the approved road transport collective agreement. (4) A function mentioned in subsection (1) is to be performed by a dual FWC member of the Tribunal.