(1) Subject to regulation 9, this regulation applies where a valid employee request has been made under regulation 7 by fewer than 40% of employees employed in the undertaking on the date that request was made and where there exists one or more pre-existing agreements which—
-
(a) are in writing;
-
(b) cover all the employees of the undertaking;
-
(c) have been approved by the employees; and
-
(d) set out how the employer is to give information to the employees or their representatives and seek their views on such information.
(2) Where this regulation applies, the employer may, instead of initiating negotiations in accordance with regulation 7(1), hold a ballot to seek the endorsement of the employees of the undertaking for the