(1) The commission must refuse to grant a part 5 application if the commission is satisfied—(a) the employer has, in connection with negotiating the proposed bargaining instrument, contravened a provision of chapter 8 , part 1 , division 4 ; or(b) the employer has caused an entity to engage, in connection with negotiations for the proposed bargaining instrument, in conduct that, had the employer engaged in the conduct, would be a contravention by the employer of a provision of chapter 8 , part 1 , division 4 ; or(c) an entity has, for the employer, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.
(2) Subsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.