Determining eligibility

Determining eligibility

To determine your eligibility, check the following definitions and then review the types of matters table below.

Definitions

  • An owner-driver is a natural person, a corporation or a partnership that carries on the business of transporting goods.
  • An owner-driver contract is a contract which is entered into in the course of business by an owner-driver with another person for the transport of goods in a heavy vehicle by the owner-driver. An owner-driver contract does not include a contract that is a contract of employment.
  • Hirer means a person who engages an owner-driver under an owner-driver contract.
  • Inspector means an Industrial Inspector as defined in the Industrial Relations Act 1979 (WA) section 7.

 

You can make an application to the Road Freight Transport Industry Tribunal if your matter falls within the below table:

Types of matters

 Who can apply

Disputes arising under or in relation to terms of an owner-driver contract
  • A person who is a party to the owner-driver contract, 
  • a transport association in which a party to the owner-driver contract is eligible to be enrolled as a member; or
  • an industrial inspector; or
  • the Minister for Transport.
Disputes arising under or in relation to the OD Act or the code of conduct, or involving an allegation that a person has contravened this Act or the code of conduct
  • an owner-driver or hirer with a sufficient interest in the dispute; or
  • a transport association; or
  • except in a case involving an allegation that a person has contravened Part 6 - an inspector; or
  • the Minister.
Matters arising in relation to the conduct of joint negotiations for an owner-driver contract
  • an owner-driver or hirer with a sufficient interest in the matter; or
  • a transport association; or
  • the Minister.

 

The table is also available in a separate file here.