4—Amendment of section 5—Application of this Act
(1) Section (1aa)—after "this section" insert:
and Schedule 5
(2) Section 5(1)(c)(i)—delete subsubparagraphs (A), (B) and (C) and substitute:
(A) in the case of a person employed for less than 1 month—the whole period of employment; or
(B) in the case of a person employed for 1 month or more but less than 3 months—the first month of employment; or
(C) in the case of a person employed for 3 months or more—any 3 month period of employment; or
(3) Section 5—after subsection (3) insert:
(3a) Subsections (1) and (1a) do not apply in relation to a person who—
(a) is employed in the civil construction industry as defined in the Building and Construction General On-site Award 2010 unless the person is employed in building work that wholly or predominantly involves working on structures within the meaning of this Act; or
(b) falls within any class of employees excluded from the operation of that subsection by the regulations.