Section 27BX mirrors section 27BW but in respect of agency workers. The key difference is that section 27BX allows unions and "other parties" to collectively agree to exclude agency workers from the rights in Schedule A1, introduced by Chapter 5.
	The "other party" should be the party that holds a worker’s contract with the agency worker. Typically this will be the work-finding agency. However, it could alternatively be an umbrella company or other agency where there are other such agencies involved.
	The duties that can be opted out of are both those applying to the hirer and those applying to the work-finding agency. However, it will be for the work-finding agency/"other party" to negotiate this with the union. The agency worker will then be opted out of duties imposed on end hirers, regardless of the end hirer they are working for.
	A duty or right in Schedule A1 does not apply in relation to a worker where the following conditions are met:
under subsection (3), a collective agreement must be in writing and made by or on behalf of the work-finding agency /"other party" and one or more trade unions which have a certificate of independence (issued under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992);
under subsection (2)(b), the collective agreement must expressly exclude the duty or right and it must include terms that expressly replace the excluded duty or right. These replacement terms could include rights or duties that are modified versions of those they are replacing, for example, a right to payment for short notice cancellations but with a different short notice period to that to be specified in regulations under paragraph 22(1). Such replacement terms will, in line with subsection (2)(c), become contractual terms. Collective agreements can also exclude some rights but not others (e.g. could exclude workers from the right to guaranteed hours under Part 1 but not the rights to reasonable notice and payments for short notice under Parts 2 and 3) but this should be clear in the collective agreement;
under subsection (2)(c), the replacement terms must be incorporated into the agency worker’s contract. This ensures that the terms are enforceable by agency workers by way of a breach of contract claim; and
under subsection (2)(d), the work-finding agency /"other party" must notify the agency worker in writing of the incorporation and effect of those terms.
Part 1: Employment Rights Zero hours workers, etc New Section 27BX