After section 20A(1), insert:
(1A)
However, subsection (1) does not apply to a representative of a union if,—
at the time of the representative’s entry into the workplace,—
there is a collective agreement in force between the employer and the union; and
the coverage clause in the collective agreement covers the work done by employees at the workplace; or
the union or the employer has initiated bargaining for a collective agreement; and
the intended coverage of the collective agreement, as set out in the notice given in accordance with section 42, covers the work done by employees at the workplace.