(1) This section applies if:
(a) a dismissal remedy bargaining order application has been made by, or on behalf of, the person in relation to the dismissal; and
(i) been withdrawn by the person who made the application; or
(ii) failed for want of jurisdiction.
(2) A dismissal remedy bargaining order application is an
application for a bargaining order made on the ground that the person was
dismissed in contravention of the good faith bargaining requirement in
paragraph 228(1)(e).