50CGrounds on which Authority may accept reference

1. The Authority must not accept a reference for facilitation unless satisfied that 1 or more of the following grounds exist:

2. that—
   1. in the course of the bargaining, a party has failed to comply with the duty of good faith in section 4; and
   2. the failure—
      1. was serious and sustained; and
      2. has undermined the bargaining:
3. that—
   1. the bargaining has been unduly protracted; and
   2. extensive efforts (including mediation) have failed to resolve the difficulties that have precluded the parties from entering into a collective agreement:
4. that—
   1. in the course of the bargaining there has been 1 or more strikes or lockouts; and
   2. the strikes or lockouts have been protracted or acrimonious:
5. that—
   1. in the course of bargaining, a party has proposed a strike or lockout; and
   2. the strike or lockout, if it were to occur, would be likely to affect the public interest substantially.

6. For the purposes of subsection (1)(d)(ii), a strike or lockout is likely to affect the public interest substantially if—

7. the strike or lockout is likely to endanger the life, safety, or health of persons; or
8. the strike or lockout is likely to disrupt social, environmental, or economic interests and the effects of the disruption are likely to be widespread, long-term, or irreversible.

9. The Authority must not accept a reference in relation to bargaining for which the Authority has already acted as a facilitator unless—

10. circumstances relating to the bargaining have changed; or
11. the bargaining since the previous facilitation has been protracted.

Notes

• Section 50C: inserted, on 1 December 2004, by section 14 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).