This section applies in relation to—
a duty imposed on an employer in respect of a worker, and
a right conferred on a worker in respect of an employer,
by or under any provision of Chapter 2, 3 or 4.
The duty or right is excluded if—
the worker is employed by the employer under a worker's contract ("the contract"),
a relevant collective agreement contains—
terms that expressly exclude the duty or right, and
terms that expressly replace the excluded duty or right,
the terms within paragraph (b)(ii) are incorporated into the contract, and
the employer notifies the worker in writing of the incorporation and effect of those terms.
A relevant collective agreement is a collective agreement that is—
in writing, and
made by or on behalf of—
one or more trade unions which each have a certificate of independence, and
the worker's employer.