(1) Subject to the provisions of this section, where an agreement (to be known and in this Act referred to as a "pre-existing agreement") exists within -

(a) an undertaking referred to in section 4(1)(a), on or before a date to be prescribed (being a date before 23 March 2007),

(b) an undertaking referred to in section 4(1)(b), on or before 23 March 2007, or

(c) an undertaking referred to in section 4(1)(c), on or before 23 March 2008,

and that pre-existing agreement satisfies the requirements of this section, the employer is not obliged to comply with a request under section 7.

(2) A pre-existing agreement shall be -

(a) in writing and dated,

(b) signed by the employer,

(c) approved by the employees,

(d) applicable to all employees to whom the agreement relates, and

(e) available for inspection by those persons and at the location agreed by the parties.