(1) A bargaining instrument
"applies to" an employee, employer or organisation if—(a) the instrument is in operation; and(b) the instrument covers the employee, employer or organisation.
(2) However, a bargaining instrument does not apply to an employee, employer or organisation if this Act provides that the instrument does not apply to the employee, employer or organisation.
(3) A reference in this Act to a bargaining instrument applying to an employee is a reference to the instrument applying to the employee in relation to particular employment.