(1)A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
(a)is in writing, and
(b)contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract.
(2)A collective agreement which does satisfy those conditions shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract.
(3)If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall be a legally enforceable contract, then—
(a)the specified part or parts shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract, and
(b)the remainder of the agreement shall be conclusively presumed not to have been intended by the parties to be such a contract.
(4)A part of a collective agreement which by virtue of subsection (3)(b) is not a legally enforceable contract may be referred to for the purpose of interpreting a part of the agreement which is such a contract.