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(2) The course of conduct, to the extent that it relates to a particular employer, is not pattern bargaining if the bargaining representative is genuinely trying to reach an agreement with that employer. (3) For the purposes of subsection (2), the factors relevant to working out whether a bargaining representative is genuinely trying to reach an agreement with a particular employer, include the following: (a) whether the bargaining representative is demonstrating a preparedness to bargain for the agreement taking into account the individual circumstances of that employer, including in relation to the nominal expiry date of the agreement; (b) whether the bargaining representative is bargaining in a manner consistent with the terms of the agreement being determined as far as possible by agreement between that employer and its employees; (c) whether the bargaining representative is meeting the good faith bargaining requirements. (4) If a person seeks to rely on subsection (2), the person has the burden of proving that the subsection applies. Genuinely trying to reach an agreement the expression 'genuinely trying to reach an agreement', or any (5) This section does not affect, and is not affected by, the meaning of variant of the expression, as used elsewhere in this Act.