The Department of Jobs, Enterprise and Innovation published a guidance document on the agency workers legislation on the 31 August 2012.
The guidance says that the Act does not apply to independent contractors, placement services and managed service contractors.
In relation to the defence of objective justification (applies in relation to access to collective facilities and amenities), the guidance says objective justification cannot be based on economic considerations but would allow for a situation where a rota system/waiting list applies to direct employees for particular facilities.
The guidance also lists examples of collective facilities.
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