(1) An application may be made to the Administrative Review Tribunal for review of any of the following decisions:
(a) a decision by the Board to refuse to approve a waiver agreement under section 39BC;
(b) a decision by the Board to refuse to approve a variation of a waiver agreement under section 39BC;
(c) a decision by the Board under subsection 44(1) or (2).
(2) An application under subsection (1) may only be made by the employee or employer to whom the decision relates.