Section 50C — Employment Relations Act 2000: Grounds on which Authority may accept reference

50C Grounds 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: (a) that— (i) in the course of the bargaining, a party has failed to comply with the duty of good faith in section 4 ; and (ii) the failure— (A) was serious and sustained; and (B) has undermined the bargaining: (b) that— (i) the bargaining has been unduly protracted; and (ii) extensive efforts (including mediation) have failed to resolve the difficulties that have precluded the parties from entering into a collective agreement: (c) that— (i) in the course of the bargaining there has been 1 or more strikes or lockouts; and (ii) the strikes or lockouts have been protracted or acrimonious: (d) that— (i) in the course of bargaining, a party has proposed a strike or lockout; and (ii) the strike or lockout, if it were to occur, would be likely to affect the public interest substantially. (2) For the purposes of subsection (1)(d)(ii) , a strike or lockout is likely to affect the public interest substantially if— (a) the strike or lockout is likely to endanger the life, safety, or health of persons; or (b) 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. (3) The Authority must not accept a reference in relation to bargaining for which the Authority has already acted as a facilitator unless— (a) circumstances relating to the bargaining have changed; or (b) the bargaining since the previous facilitation has been protracted. Sections 50A to 50J were inserted, as from 1 December 2004, by section 14 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.