Common use of No Inconsistent Statements Clause in Contracts

No Inconsistent Statements. Happytel or any of its associated entities: must not; and must ensure that each of its officers, employees or agents, do not make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Happytel and the Entities acknowledge that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel and the Entities; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel and the Entities have contravened any of the terms of this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel and the Entities may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Happytel Retail Group Pty Ltd (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director Dispute Resolution and Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule A – Employees Employee A XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX Schedule B – Form of Public Notice Contravention of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and associated entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed to a number of measures to remedy the contraventions, including rectifying the underpayments to all employees affected and changing workplace practices. Happytel and the Entities express its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel and have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities had contravened the Fair Work Xxx 0000 by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities are taking steps to remedy the contraventions, including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> and will be provided with payment advice regarding the payment. Happytel and the Entities have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>.

No Inconsistent Statements. Happytel or any of its associated entitiesUNIMET and Ms Xxxxxx: must Must not; and must Must ensure that each of its officers, employees or agents, do not not, make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreementUndertaking. Acknowledgements Happytel UNIMET and the Entities acknowledge Ms Xxxxxx acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel UNIMET and the EntitiesMs Xxxxxx; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel UNIMET and the Entities have Ms Xxxxxx has contravened any of the terms of this this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel Act UNIMET and the Entities Ms Xxxxxx may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Happytel Retail Group Pty Ltd (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) UNIMET SECURITY PTY LTD in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of directorDirector) (Signature of director/company secretaryDirector) (Name of directorDirector) (Name of director/company secretaryDirector) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxx Xxxxxx Executive Director Dispute Resolution and Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule A ~ List of Employees Identifier Name Date RFA lodged Employee 1 XXXXXXXXXXXXXXX 27 January 2016 Employee 2 XXXXXXXXXXXXXXX 29 March 2016 Additional employees (identified in self-audit) Identifier Name Employee 3 XXXXXXXXXXXXXXX Employee 4 XXXXXXXXXXXXXXX Employee 5 XXXXXXXXXXXXXXX Attachment A – Employees Apology Letter <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of UNIMET SECURITY PTY LTD for non-compliance with Commonwealth Workplace relations laws. A XXXXXXXXXXXXXXXXX recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that UNIMET SECURITY PTY LTD had contravened the Fair Work Xxx 0000 by: Underpayment of the casually loaded rate as per cl 10.5(b) of the Award; Non-payment of penalties as per clause 22 of the Award; Non-payment of overtime as per clause 23 of the Award; and Failure to accrue annual leave for a permanent employee as per section 87 of the Act <not applicable for Employee 2> Regrettably, the investigation determined that you were affected by the above contraventions. UNIMET SECURITY PTY LTD is taking steps to remedy the contraventions, including rectification of the amount that you were underpaid and changing workplace practices. Payment was to you on <DATE> for the sum of <INSERT AMOUNT> in back pay to rectify the above contraventions. UNIMET SECURITY PTY LTD has formally admitted to the FWO that the company did not comply with its obligations under Commonwealth workplace relations laws and has entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. UNIMET SECURITY PTY LTD expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact Xxxxxxx Xxxxxx via email at XXXXXXXXXXXXXXXXXXX. Yours sincerely Ms Xxxxxxx Xxx Kisbee, Director of UNIMET SECURITY PTY LTD. Attachment B XXXXXXXXXXXXXXXXX Schedule B – Form of Public –Workplace Notice Contravention Contraventions of Fair Work Act Xxx 0000 and the Security Services Industry Award 2010 by Happytel Retail Group Pty Ltd UNIMET SECURITY PTY LTD We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) UNIMET SECURITY contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and associated entities contravened the Applicable Instruments Security Services Industry Award 2010 by: Failing Underpayment of the casually loaded rate as per cl 10.5(b) of the Award; Non-payment of penalties as per clause 22 of the Award; Non-payment of overtime as per clause 23 of the Award; and Failure to pay accrue annual leave and annual leave loading upon termination Failing to provide a for certain periods as required by clause 87 of the Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have Act UNIMET SECURITY PTY LTD has formally admitted to the FWO that these contraventions occurred and have has entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed ) committing to a number of measures to remedy the contraventions, including by rectifying the underpayments to all employees the employee affected and changing workplace practicesby the contraventions. Happytel and the Entities express UNIMET SECURITY PTY LTD expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give Furthermore UNIMET SECURITY PTY LTD gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel UNIMET SECURITY PTY LTD and have queries or questions relating to your employment, please contact the designated enquiry line Xxxxxxx Xxxxxx on <insert details of internal contact> or by email on <insert email address>XXXXXXXXXXXXXXXXXXX. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities had contravened the Fair Work Xxx 0000 by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities are taking steps to remedy the contraventions, including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> and will be provided with payment advice regarding the payment. Happytel and the Entities have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>.

No Inconsistent Statements. Happytel or any of its associated entitiesThe Business and Xxx Xxxxx and Xx Xxxxx: must not; and must ensure that each of its officers, employees or agents, do not make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Happytel ACKNOWLEDGEMENTS Xxx Xxxxx and the Entities Xx Xxxxx acknowledge that: the The FWO may may: make this Undertaking (including and any attachmentsof the Attachments hereto) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to on the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking)internet site at xxx.xxxxxxxx.xxx.xx; the FWO may release a copy of this Undertaking (and any of the Attachments hereto) pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and Undertaking; from time to time, publicly refer to the Undertaking (and any of the Attachments hereto) and its terms; and rely upon the admissions made by Xxx Xxxxx and Xx Xxxxx set out in the Undertaking may be relied upon by the FWO paragraph 11 above in respect of any future decision about enforcement action to be taken in relation to making concerning any future non-compliance with Commonwealth workplace relations obligations by Happytel and the Entities; consistent obligations. Consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in herein; and Consistent with section 715(3) of the FW Act, the Partnership may withdraw from or vary this Undertaking; if Undertaking at any time, but only with the FWO considers that Happytel consent of the FWO. If the Business, Xxx Xxxxx and the Entities have contravened Xx Xxxxx contravene any of the terms of this Undertaking the Enforceable Undertaking: The FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) and This Enforceable Undertaking may be provided to the Court as evidence of the FW Actadmissions made by Xxx Xxxxx and Xx Xxxxx in paragraph 9 above, Happytel and the Entities may withdraw from or vary this Undertaking at any time, but only with the consent also in respect of the FWOquestion of costs. Executed as an undertaking Undertaking EXECUTED by Happytel Retail Group Pty Ltd Xxxxx Xxxxx (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (DateSignature) (Date) in the presence of: in the presence of: (Signature of witness) (Signature Name of witness) EXECUTED by Xxxxxxxxx Xxxxx (Name Signature) (Date) in the presence of: in the presence of: (Signature of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director Dispute Resolution and Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule Attachment A – Employees Employee A XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX Schedule B – Form of Public Notice Contravention of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and associated entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed to a number of measures to remedy the contraventions, including rectifying the underpayments to all employees affected and changing workplace practices. Happytel and the Entities express its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel and have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES EMPLOYEE <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd W Xxxxx and Z Zhang (HappytelABN: 24 537 272 166) and in partnership trading as Muffin Break 7000 (the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the EntitiesBusiness) for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities Business had contravened the Fair Work Xxx 0000 by0000, Fair Work Regulations and Restaurant Award 2010: Failing failing to pay annual leave your correct minimum rate of pay for time worked Monday to Friday; failing to pay your correct casual loading for time worked; failing to pay your correct penalty rates for time worked on Saturdays; failing to pay your correct penalty rates for time worked on Sundays; failing to pay your correct penalty rates for time worked on Public Holidays; failing to make and annual leave loading upon termination Failing keep appropriate employee records; failing to provide a Fair Work Information Statement at the start you with pay slips within one working day of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. payment of wages; Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities are The Business is taking steps to remedy the contraventions, including by rectifying <insert amount> the amount that you have been underpaid. You will/will have receive/d this received the first payment on <insert date> and 30 June 2016. Further payments will be made to you on: 30 August 2016 30 September 2016 31 October 2016 30 November 2016 30 December 2016 31 January 2017 You will be provided with payment advice regarding the each payment. Happytel and the Entities have The Business has formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is will available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express The Company expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact me on XXXXXXXXXXX. Yours sincerely, Xxx Xxxxx Xxxxx and Xx Xxxxxxxxx Xxxxx in partnership trading as Muffin Break 7000 (ABN: 24 537 272 166) Attachment B – The Employees Employee Employee Name Gross Amount Employee A XXXXXXXXXXXXX $31,901.09 Employee B XXXXXXXXXXXXX $14,826.95 Attachment C – Payment Plan Payment date Employee Net Amount Gross Amount Already paid prior to commencement of the designated enquiry line Undertakings Employee A $2500.00 $4,158.32 Employee B $2500.00 $3244.80 30 August 2016 Employee A $1619.60 $2792.88 Employee B $813.67 $1199.91 30 September 2016 Employee A $2000 $3326.65 Employee B $1000 $1297.78 31 October 2016 Employee A $2000 $3326.65 Employee B $1000 $1297.78 30 November 2016 Employee A $2000 $3326.65 Employee B $2000 $2595.56 30 December 2016 Employee A $2000 $3326.65 Employee B $2000 $2595.56 31 January 2017 Employee A $7000 $11643.29 Employee B $2000 $2595.56 Attachment D – Form of Public Notice FORM OF PUBLIC NOTICE Contravention of Fair Work Xxx 0000 by Xxxxx Xxxxx and Xxxxxxxxx Xxxxx (in partnership) trading as Muffin Break 7000 (ABN: 24 537 272 166). We refer to the investigation conducted by the Commonwealth Government of Australia’s Office of the Fair Work Ombudsman (FWO) into allegations that Xxxxx Xxxxx and Xxxxxxxxx Xxxxx in partnership trading as Muffin Break 7000 (ABN: 24 537 272 166) contravened the Fair Work Xxx 0000 by: failing to pay your correct minimum rate of pay for time worked Monday to Friday; failing to pay your correct casual loading for time worked; failing to pay your correct penalty rates for time worked on <insert details Saturdays; failing to pay your correct penalty rates for time worked on Sundays; failing to pay your correct penalty rates for time worked on Public Holidays; failing to make and keep appropriate employee records; failing to provide you with pay slips within one working day of internal contact> payment of wages; Xxx Xxxxx and Xx Xxxxx have formally admitted to the FWO that these contraventions occurred and has entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx) committing to a number of measures to remedy the contraventions, including by rectifying the underpayment of AUD $47,914.72 owed to two employees of Chinese nationality working in Australia on a student visa and post graduate visa, who had worked with the Partnership (located in Tasmania, Australia). Xxx Xxxxx and Xx Xxxxx express their sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, they give a commitment that such conduct will not occur again and that they will comply with all requirements of the Commonwealth of Australia workplace relations laws in the future. If you worked for the Partnership and have queries or by email questions relating to your employment, please contact Xxx Xxxxx Xxxxx on <insert email address>XXXXXXXXXXXX. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx.

No Inconsistent Statements. Happytel or any of its associated entitiesPWFV: must Must not; and must Must ensure that each of its officers, employees or agents, do not not, make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements acknowledgments contained in this agreementUndertaking. Acknowledgements Happytel and the Entities acknowledge PWFV PTY LTD acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel and the EntitiesPWFV; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel and the Entities have PWFV has contravened any of the terms of this this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel and the Entities PWFV may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Happytel Retail Group Pty Ltd PWFV PTY LTD (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000ABN 52 097 189 118) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director Dispute Resolution and Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule Attachment A – List of Employees Employee Identifier Date RFA Lodged XXXXXXXXXXXX Employee 1 6 January 2016 XXXXXXXXXXXX Employee 2 1 February 2016 Attachment B Letter of Apology <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of PWFV Pty Ltd for non-compliance with Commonwealth Workplace relations laws. A XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX Schedule B – recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that PWFV Pty Ltd had contravened the Fair Work Xxx 0000 by: failing to pay employees casual loading; failing to pay early morning shift penalties failing to pay employees overtime Regrettably, the investigation determined that you were affected by the above contraventions. PWFV Pty Ltd is taking steps to remedy the contraventions, including by rectifying the amount that you have been underpaid and changing workplace practices. You will receive payment on <date 14 days from date of execution of the Undertaking> and a payslip within one working day. PWFV Pty Ltd has formally admitted to the FWO that the PWFV Pty Ltd did not comply with its obligations under Commonwealth workplace relations laws and has entered into an Enforceable Undertaking with the FWO, a copy of which will be available on the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. PWFV Pty Ltd expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact Xxxxxxxx Xxxxxx on XXXXXXXXXXXX or via email: XXXXXXXXXXXXXXX. Yours sincerely Xx Xxxxx Xxxxxx, PWFV Pty Ltd Attachment C Form of Public Workplace Notice Contravention Contraventions of Fair Work Act Xxx 0000 and the Storage Services and Wholesale Award 2010 by Happytel Retail Group PWFV Pty Ltd Ltd, trading as Pacific Avenue Wholesale Fruit and Vegetables We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group PWFV Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and associated entities contravened the Applicable Instruments Storage Services and Wholesale Award 2010 by: Failing failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing employees casual loading; failing to pay for all hours worked Failing early morning shift penalties; failing to pay overtime rates Failing to pay evening, Saturday, Sunday employees overtime; and public holiday penalty rates. Happytel and the Entities have PWFV Pty Ltd has formally admitted to the FWO that these contraventions occurred and have has entered into an Enforceable Undertaking with the FWO (will be available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed ) committing to a number of measures to remedy the contraventions, including by rectifying the underpayments to all employees the employee affected and changing workplace practicesby the contraventions. Happytel and the Entities express PWFV Pty Ltd expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give Furthermore PWFV Pty Ltd gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel PWFV Pty Ltd and have queries or questions relating to your employment, please contact the designated enquiry line Xxxxxxxx Xxxxxx on <insert details of internal contact> XXXXXXXXXXXX or by email on <insert email address>via email: XXXXXXXXXXXXXXXXX. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline lnfoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities had contravened the Fair Work Xxx 0000 by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities are taking steps to remedy the contraventions, including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> and will be provided with payment advice regarding the payment. Happytel and the Entities have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>.

No Inconsistent Statements. Happytel or any of its associated entitiesIllawarra Communications Pty Ltd: must not; and must ensure that each of its officers, employees or agents, do not not, make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Happytel and the Entities acknowledge Illawarra Communications Pty Ltd acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel and the EntitiesIllawarra Communications Pty Ltd; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel and the Entities have Illawarra Communications Pty Ltd has contravened any of the terms of this this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel and the Entities Illawarra Communications Pty Ltd may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking Undertaking EXECUTED by Happytel Retail Group Illawarra Communications Pty Ltd (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director – Dispute Resolution and & Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule Attachment A – Employees Employee A XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX Schedule B – Form of Public and Workplace Notice Contravention of Fair Work Act by Happytel Retail Group Illawarra Communications Pty Ltd We refer to the investigation conducted by admission made to the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group by Illawarra Communications Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) that it had contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments)0000. The Illawarra Communications Pty Ltd worked cooperatively with the FWO has found to determine that Happytel and associated entities it had contravened Section 45 of the Applicable Instruments by: Failing FW Act by contravening a Modern Award, specifically failing to pay annual leave the prescribed casual loadings, public holidays, weekends and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have Illawarra Communications Pty Ltd has formally admitted to the FWO that these contraventions occurred and have has entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed ) committing to a number of measures in addition to remedy rectifications already made, which includes future reporting to the contraventions, including rectifying the underpayments to all employees affected and changing workplace practicesFWO. Happytel and the Entities express Illawarra Communications Pty Ltd expresses its sincere regret and apologises for the conduct its actions which resulted in the contraventions. Furthermore, Happytel and the Entities give Illawarra Communications Pty Ltd gives a commitment that such conduct it will not occur happen again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel Illawarra Communications Pty Ltd and have queries or questions relating to your employment, please contact the designated enquiry line Xxxxx Xxxxx (Office Administration Manager) on <insert details of internal contact> 02 4229 7300 or by email on <insert email address>xxxxx@xxxxxx.xxx.xx. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D Attachment B – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Date Employee Name> <Employee Address> Name Address Address Dear <Employee Name> I am writing ______ The purpose of this letter is to apologise on behalf of that Happytel Retail Group Illawarra Communications Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) for non-compliance with Commonwealth Workplace workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities Illawarra Communications Pty Ltd had contravened the Fair Work Xxx 0000 by: Failing Act 2009 (FW Act) by failing to pay annual leave its employees the following entitlements under Contract Call Centres Award 2010 [MA000023]: Clause 13 - Prescribed casual loading Clause 24.6 - Spread of ordinary hours of work Clause 24.7 - Penalty rates for time worked outside the spread of ordinary hours Monday to Friday and annual leave loading upon termination Failing to provide on weekends Clause 30.4 - Payment for time worked on a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay public holiday Clause 26.1 - Payment for all hours worked Failing to pay working overtime rates Failing to pay evening penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities are Illawarra Communications Pty Ltd is taking steps to remedy the contraventions, including by rectifying <insert amount> $____ that you have been underpaid. You will/have receive/d this payment on <insert (date> ) and will be provided with payment advice (pay slip) regarding the payment. Happytel and the Entities have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>.

No Inconsistent Statements. Happytel Oscar Mobile or any of its associated entities: must not; and must ensure that each of its officers, employees or agents, do not make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Happytel and the Entities acknowledge Oscar Mobile acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel and the EntitiesOscar Mobile; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel and the Entities have Oscar Mobile has contravened any of the terms of this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel and the Entities Oscar Mobile may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Happytel Retail Group Oscar Mobile Pty Ltd (ACN: 000 000 000), Phone Adore 000 EXECUTED by Oscar Mobile Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director Dispute Resolution and Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule A – Employees Employee A XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX Schedule B – Form of Public Notice Contravention of Fair Work Act by Happytel Retail Group Oscar Mobile Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Oscar Mobile Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the EntitiesOscar Mobile) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel Oscar Mobile and associated entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have Oscar Mobile has formally admitted to the FWO that these contraventions occurred and have has entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have Oscar Mobile has committed to a number of measures to remedy the contraventions, including rectifying the underpayments to all employees affected and changing workplace practices. Happytel and the Entities express Oscar Mobile expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give Oscar Mobile gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel Oscar Mobile and have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions Form of Workplace Notice Contravention of Fair Work Act by Happytel Oscar Mobile Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Oscar Mobile Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the EntitiesOscar Mobile) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel Oscar Mobile and the Entities associated entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have Oscar Mobile has formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have Oscar Mobile has committed to a number of measures to remedy the contraventions, including rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express Oscar Mobile expresses its sincere regret and apologise apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give Oscar Mobile gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) Oscar Mobile for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities Oscar Mobile had contravened the Fair Work Xxx 0000 by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening evening, Saturday, Sunday and public holiday penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel and the Entities Oscar Mobile are taking steps to remedy the contraventions, including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> and will be provided with payment advice regarding the payment. Happytel and the Entities Oscar Mobile have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWOUndertaking, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express Oscar Mobile expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>.. Yours sincerely [Chief Executive Officer]

No Inconsistent Statements. Happytel or any of its associated entitiesFour Seasons Australia and Xx. Xxxxx Hun Cha: must not; and must ensure that each of its officers, employees or agents, do not make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Happytel and the Entities acknowledge acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Happytel and the EntitiesFour Seasons Australia; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Happytel and the Entities have Four Seasons Australia has contravened any of the terms of this this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Happytel and the Entities Four Seasons Australia may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Happytel Retail Group Four Seasons Australia Pty Ltd (ACN: 000 000 000), Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxxx Xxxxxx Executive Director Dispute Resolution [Insert name and Compliance role of Delegate] Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Attachment A – Employees XXXXXXXXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXX Schedule XXXXXXXXXXXXXXXXXXXX Employee C Attachment B Underpayments resulting from contraventions: Employee Total Underpayment (gross) Total Paid (gross) Total Outstanding (gross) Employee A $26,226.22 $4,549.59 $21,646.63 Employee B $18,460.23 $4,441.95 $14,018.28 Employee C $6,551.45 $0 $6,551.45 Attachment C – Form of Workplace Notice and Public Notice Contravention Contraventions of the Fair Work Act Xxx 0000, the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010 by Happytel Retail Group Four Seasons Australia Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Four Seasons Australia Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Fair Work Xxx 0000, the Restaurant Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments)Food, Beverage and Tobacco Manufacturing Award 2010. Four Seasons Australia Pty Ltd is a Sushi Restaurant business operating in Queensland and New South Wales and no previous contraventions of Commonwealth workplace laws have been determined against Four Seasons Australia Pty Ltd. The FWO has found that Happytel and associated entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening, Saturday, Sunday and public holiday penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx). Happytel and the Entities have committed to a number of measures to remedy the contraventions, including rectifying the underpayments to all employees affected and changing workplace practices. Happytel and the Entities express its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Happytel and have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule C – Employee Notification Contraventions of Fair Work Act by Happytel Retail Group Four Seasons Australia Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) contravened the General Retail Industry Award 2010 and the Fair Work Xxx 0000 (Applicable Instruments). The FWO has found that Happytel and the Entities contravened the Applicable Instruments by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Happytel and the Entities have formally admitted to the FWO that these contraventions occurred and have entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx ). Happytel and the Entities have committed to a number of measures to remedy the contraventions, rectifying the underpayments to all employees affected and changing workplace practices including through setting up a designated employee enquiry line and email address for employees to report concerns about their wages and entitlements. Happytel and the Entities express sincere regret and apologise for the conduct which resulted in the contraventions. Furthermore, Happytel and the Entities give a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you have queries or questions relating to your employment, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Schedule D – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of that Happytel Retail Group Pty Ltd (Happytel) and the associated entities, Phone Adore Pty Ltd (ACN: 000 000 000) and Phone Mania Pty Ltd (ACN: 115 746 113) (collectively the Entities) for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Happytel and the Entities had contravened the Fair Work Xxx 0000 by: Failing to pay annual leave and annual leave loading upon termination Failing to provide a Fair Work Information Statement at the start of employment Failing to enter into a part time hours agreement Failing to pay for all hours worked Failing to pay overtime rates Failing to pay evening penalty rates. Regrettably, the investigation determined that you were affected by the above contraventions. Happytel Restaurant Industry Award 2010 and the Entities are taking steps to remedy the contraventionsFood, including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> Beverage and will be provided with payment advice regarding the payment. Happytel and the Entities have formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and have entered into an Enforceable Undertaking with the FWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking, we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Happytel and the Entities express its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact the designated enquiry line on <insert details of internal contact> or by email on <insert email address>Tobacco Manufacturing Award 2010.