Agency Workers Regulation

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Agency Workers Regulation (AWR)

The Agency Workers Regulations 2010 (the Regulations) give temporary agency workers the right to equal treatment in terms of the same basic working and employment conditions as they would have been entitled to had they been recruited directly by the hirer to do the same job. These rights will commence after the agency worker has worked in the same role for 12 calendar weeks with the same hirer.

Regulation 5 of the Agency Workers Regulations provides that an Agency Worker who completes a 12-week Qualifying Period in the same role for you will be entitled to receive treatment equal to what they would have received had you recruited them directly. You can either provide the relevant terms and conditions the agency worker would have received had you recruited them directly, or point to a comparable employee you have identified in your organisation. A comparable employee is an existing employee doing the same or broadly similar work, working in the same or a different location.

We ask you to complete the GPW AWR Form below and provide any relevant information so that we know what terms and conditions either the Agency Worker or a comparable employee would receive and to which the Agency Worker will be entitled when s/he completes the Qualifying Period. Also, please ensure that you inform the agency immediately if any of the following information changes, including if the comparable employee leaves.


REC AWR Factsheet

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GPW AWR Form

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