(1) An agreement (in this section referred to as a "collective agreement") may be made by or on behalf of an employer or hirer, or an association representing employers or hirers, on the one hand, and by or on behalf of a body or bodies representative of employees on the other hand providing for working and employment conditions that differ from the basic employment and working conditions applicable by virtue of section 6 as respects agency workers.

(2) The Labour Court may, upon the application by or on behalf of any of the parties to a collective agreement, approve that collective agreement.

(3) The Labour Court shall, upon receiving an application under this section, consult such representatives of employees and such representatives of employers as it considers are likely to have an interest in the matters to which the collective agreement concerned relates.

(4) The Labour Court shall not approve a collective agreement under this section unless the following conditions are fulfilled:

(a) the Labour Court is satisfied that it would be appropriate to approve the agreement having regard to paragraph 3 of Article 5 of the Directive;