4Employees

#### 4 Employees (1) In this Act, unless the contrary intention appears: > employee means: (a) a seafarer; or (b) a trainee; or (c) a person (other than a trainee) who, although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is required under an award to attend at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship. (2) For the purposes of this Act, an industry trainee or a person mentioned in paragraph (c) of the definition of employee is taken to be employed by the Fund until he or she next becomes a seafarer, and his or her employment is taken to be constituted by his or her attendance: (a) in the case of an industry trainee—at an approved industry training course; and (b) in the case of a person mentioned in paragraph (c) of the definition of employee—at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship. (3) If a default event occurs in relation to the employer of a seafarer or of a company trainee, then, for the purposes of this Act, the seafarer or company trainee is taken to be employed by the Fund. (4) If a provision of this Act applies to an employee after an employer has incurred a liability in relation to the employee under this Act, then, unless the contrary intention appears, a reference in that provision to an employee includes a reference to that person even after he or she ceases to be an employee. (5) To avoid doubt, a reference in this Act to the employment of an employee is a reference to: (a) if the employee is a trainee—the employee’s performance of the role of a trainee; or (b) if the employee is a person of a kind referred to in paragraph (1)(c)—the employee’s performance of the role of a person of that kind.