(1) An agreement that is proposed to be a negotiated agreement is agreed by all of the parties if—(a) the agreement is signed by or for all of the parties; or(b) the commission is satisfied all parties have agreed on the terms of the agreement and the agreement was approved by—(i) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or(ii) otherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.
(2) In deciding whether all parties have agreed on the terms of the agreement, the commission may consider—(a) whether the parties negotiated in good faith as required under section 406Z ; and(b) any other evidence supporting or not supporting the alleged agreement.