Can a collective agreement with a trade union be a valid pre-existing agreement for the purposes of the Information and Consultation of Employees Regulations 2004?

A collective agreement with a trade union could be a valid pre-existing agreement so long as it is in writing, sets out how the employer is to provide information to the union representatives and seek their views on it, and has been approved by them. All employees in the bargaining unit covered by a collective agreement are taken to be covered by the collective agreement, whether or not they are members of the union in question.

If, however, not all the employees in the undertaking are in the bargaining unit covered by the collective agreement, then one or more additional pre-existing agreements would be required to cover the additional employees.