Section 27BV defines an ‘’agency worker’’ for the purposes of Part 2A of the ERA 1996. It also defines ‘’work-finding agency’’ for the purposes of the Part and introduces Schedule A1 into the ERA 1996.
	Subsection (1) provides that an agency worker is an individual who:
has a worker’s contract or an arrangement with a work-finding agency through which they work for another person, i.e., a hirer;
does not work (or is not to work) under a worker’s contract with that other person, i.e., they are not employed by the hirer; and
is not (or is not to be) a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual. This excludes genuinely self-employed individuals who are providing services to clients through their own business.
	Subsection (2) provides that references to an agency worker in this Part include, when necessary, a former agency worker, and references to a work-finding agency and a hirer are to also include references to former work-finding agency and former hirer, when the reference is to a former agency worker.
	Subsection (3) provides that an individual is an "agency worker" for the purposes of this Part:
whether the individual is (or is to be) supplied to work for another person by the work-finding agency described in subsection (1)(a) or by a person other than the work-finding agency (for example, another agency in a longer supply chain); and
whether the individual is (or is to be) paid for work under the supervision and direction of another person, i.e., a hirer, by the work-finding agency or by a person other than the work-finding agency (for example, a so-called umbrella company).
	Subsection (4) defines ‘work-finding agency’ as a person carrying on the business (whether or not with a view to profit and whether or not in conjunction with any other business) of finding work for individuals to do for and under the supervision and direction of another person, i.e., a hirer, they are not in the employment of.
	Subsections (5) to (7) introduce the relevant parts of Schedule A1 of the ERA 1996 establishing the rights to guaranteed hours, reasonable notice of shifts and payments for shifts that are cancelled, moved or curtailed at short notice for agency workers.
	References to a ‘’person’’ may include a company or any other type of legal person (in line with the Interpretation Act 1978).
Part 1: Employment Rights Zero hours workers, etc New Section 27BV