That's correct.
I put this to the minister when she was here: What happens if your special mediator delivers a report that says the employer wasn't bargaining or was bargaining in bad faith? Surely then section 107 is off the table and cannot be used. She wouldn't answer the question, which, to me, means of course it can be used.
What's the point of the special mediator's report if it doesn't take something like that off the table?