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Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
November 16, 2020
Mohammad Emrul
Hassan Emon
Unit 507, 28 Wattle
Lane, Ultimo
New South Wales 2007
Dear Mohammad Emrul Hassan,
Employment with Coles Supermarkets Australia Pty Ltd
Congratulations on joining our team at Coles! I am pleased to offer you employment with Coles
Supermarkets Australia Pty Ltd (ABN: 45 004 189 708) in the role of Asst. Manager (80045869).
You will find the terms and conditions of your employment enclosed. To confirm your acceptance,
please review the employment agreement and electronically accept the terms and conditions by
clicking Finish at the signing page below within 5 days of receiving this letter.
Upon receipt of your acceptance of the terms and conditions and following completion of your
onboarding activities, your details will be added to our payroll system in preparation for the next
available pay run following the commencement in this role.
You are required to confirm your electronic acceptance of the terms and conditions set out in this
contract by November 21, 2020. By commencing the role of Asst. Manager (IT) on November 23,
2020 or thereafter, you will be deemed to have accepted the terms and conditions set out in the
attached employment agreement.
Should you have any questions, please contact your Line Manager. I look forward to working with
you to deliver value for our customers.
Warm regards,
Kris Webb
Chief People Officer
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Your employment agreement – Mohammad Emrul Hassan Emon
Congratulations! I am pleased to offer you employment with Coles Supermarkets Australia
Pty Ltd (ABN: 45 004 189 708) (Company). This letter and the attached schedules set out the
terms of your employment with the Company.
1 Employment
The Company will employ you in the position specified in Item 3 of Schedule 1 from the
commencement date specified in Item 4 of Schedule 1.
The Company acknowledges that your employment commenced on the date specified in
item 4 of schedule 1 (Initial Commencement Date) and will recognise that date for the
purpose of all service related entitlements.
You warrant that you are not under any obligation or restriction which would interfere or
conflict with your employment in this role or your obligations and duties under this agreement.
Location and travel
Your usual place of work is the location specified in Item 5 of Schedule 1. The Company may
require you to work in other locations at any time in accordance with its business needs. The
Company may also require you to travel within the state, interstate or overseas as part of your
duties. Any changes to your location will be subject to consultation before they occur.
2 Duties and reporting structure
Duties of your position
You must perform the duties reasonably associated with your position. The Company may
vary these duties at any time. In addition, you must perform other duties for the Company
and any Group Company, which you are capable of performing, as reasonably required or
directed by the Company.
General duties
You must:
 devote all of your time, attention and skill to the performance of your duties both during
normal working hours and at other times as reasonably necessary;
 perform your duties faithfully and diligently;
 follow all rostering and/or working requirements notified to you by the Company. This
includes, but is not limited to, the requirement to log work periods in the appropriate
time and attendance system (if applicable to your role), follow a model roster (if
applicable to your role) and complete all training in respect of the Company’s working
requirements;
 follow lawful and reasonable directions given to you by the Company;
 use your best endeavours to protect and promote the reputation and business interests
of the Company and any Group Company; and
 not engage in any conduct that is incompatible with your employment, including
conduct that might bring the Company or any Group Company into disrepute or is
adverse to the interests of the Company or any Group Company.
‘Group Company’ means a ‘related body corporate’ of the Company as that expression is
defined in the Corporations Act 2001 (Cth).
‘Group’ means the Company and all Group Companies.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Reporting structure
You will report to the position specified in Item 6 of Schedule 1 or as otherwise directed by
the Company.
Changes to your position etc
During your employment, the Company may restructure its operations and management
and this, or other decisions, may result in changes to your employment. These changes may
include changes in title, position, work location, duties or reporting relationship within the
Company. If your title, position, work location, duties or reporting structure change, this
agreement will continue to apply to your employment unless you and the Company:
 enter a new written employment agreement; or
 vary this agreement in writing.
3 Hours of work
Your employment status is specified in Item 7 of Schedule 1. Your ordinary hours of work are
specified in Item 8 of Schedule 1.
Because of the nature of your position, you acknowledge and agree that any additional
hours that you are required to work in excess of your ordinary hours of work per week are
reasonable so far as they are necessary for the full and proper performance of your position.
Your Total Fixed Compensation has been set with this requirement in mind.
The Company may place limits on the number of reasonable additional hours you may work
beyond your ordinary hours of work. In these circumstances, specific approval must be
sought and provided for you to work additional hours beyond your ordinary hours of work.
You are required to adhere to any directions and/or guidance given to you from time to time
in respect of limits placed on your hours of work.
4 Company policies
The Company and the Group has various policies which apply to your employment. You must
familiarise yourself with these policies. Where the policies place obligations on you, you must
comply with them. The Company or the Group may review, vary, add to or withdraw the
policies from time to time in its absolute discretion. To avoid doubt, any policies (including
those specifically referred to in this agreement) and any obligations on the Company or the
Group set out in them do not form part of your employment agreement and are not binding
on the Company or the Group.
5 Workplace monitoring
Camera surveillance
The Company uses video surveillance equipment in strategically located internal and
external areas of the workplace to monitor movements. Cameras will operate continuously
and surveillance will be ongoing. You consent to such surveillance in the workplace.
Computer and network surveillance
The Company regularly monitors computer and network use by team members on an
ongoing and regular basis to ensure compliance with relevant laws and company policies.
The Company may at any time access, monitor and record any communication or
information developed, used, received, stored or transmitted by you using Company
resources. Filtering systems are installed in the Company’s network which restrict the flow of
certain types of material, including emails and viruses, in and out of the network. Accordingly,
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
some email traffic may be blocked, as deemed necessary to protect the Company’s
interests.
Further details regarding workplace surveillance is available on the Company intranet, and
subject to amendments from time to time.
6 Social media
It is important to remember your association with the Company when using social media.
What you publish will not only reflect on you personally, but also on the Company brand.
With this in mind, you are expected to present yourself professionally and ensure your profile
and related content is in line with the Company’s policies as amended from time to time,
including your confidential information obligations. In particular, you should regularly review
the Company’s policies to ensure that you clearly understand the Company’s expectations
of you when using social media.
7 Remuneration
Total Fixed Compensation
The Company will pay you on a Total Fixed Compensation (TFC). Your TFC is specified in Item
9 of Schedule 1. You are required to keep your TFC confidential.
Your TFC includes:
 salary; and
 superannuation contributions paid by the Company.
The Company will pay any of your TFC that you elect to receive as salary monthly by
electronic transfer to your nominated bank account less any applicable tax and
superannuation.
You acknowledge and agree that your TFC is in full satisfaction of, and is intended to offset,
all entitlements, benefits or payments that might otherwise be due under any industrial
instrument that may apply to your employment including but not limited to:
 base rates of pay;
 overtime;
 penalty payments for out of hours work and working weekends and public holidays;
 shift loadings;
 any other loadings, penalties or allowances; and
 payment for any reasonable additional hours that you may be required to work to
perform your duties.
You agree you will not be paid any special rates or allowances for working particular times
or under particular conditions unless otherwise agreed in writing.
The Company will usually review your TFC annually. A review does not guarantee an increase
to your TFC.
Superannuation
The superannuation contributions paid by the Company include the compulsory
superannuation contributions up to the quarterly maximum salary cap on your behalf in
accordance with Superannuation Guarantee legislation. The contributions may be made to the
Company’s default superannuation fund or to a complying superannuation fund of your
choice. You will be given information about this choice.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Salary packaging
The Company may offer you the option to receive part of your TFC in the form of benefits
(salary packaging). Any option will be subject to any applicable Company guidelines and
to the Company’s ability to amend or withdraw such salary packaging at any time in its
absolute discretion. Your TFC includes all costs associated with the election, including the
costs of any fringe benefits tax payable by the Company as a result of complying with the
election.
Without limiting the paragraph above, or clause 4, you may be eligible to elect to salary
package a motor vehicle in accordance with the Company's Fleet Motor Vehicle Policy. If
you are eligible and you elect to do so, the cost of the vehicle or vehicles including finance,
insurance, fuel, maintenance and fringe benefits tax will form part of your TFC. For further
details regarding the Company’s current guidelines regarding the usage of these vehicles,
please refer to the Fleet Motor Vehicle Policy, as amended from time to time.
Reimbursements
While you are employed by the Company, the Company will reimburse you for any work-
related expenses that you reasonably incur during the performance of your duties in
accordance with the Company’s relevant policies. The Company may require you to
provide a tax invoice, or other evidence, to substantiate any expenses claimed.
Amounts owed to the Company
To the extent permitted by law, where an overpayment of salary or other amount has been
made to you, you agree to repay this amount to the Company. You agree that this clause is
reasonable in the circumstances, and you will complete any further written authorisations
required to give effect to it.
8 Incentive arrangements
You may be invited to participate in the incentive arrangements offered by the Company,
which are specified in Item 12 of Schedule 1. These incentive arrangements do not form part
of this agreement, and your participation is at the absolute discretion of the Company and
is subject to the rules of the relevant incentive plan, which may be amended by the
Company from time to time.
9 Annual leave
You are entitled to 4 weeks’ annual leave for each year of service with the Company, which
will accrue progressively according to your ordinary hours of work and accumulate from year
to year. If you are engaged on a part time basis, you will accrue leave on a pro rata basis. If
your employment with the Company ends, the Company will pay you for any accrued but
untaken annual leave.
Taking annual leave
Annual leave must be taken at a time agreed with the Company.
The Company may direct you to take annual leave in accordance with the Company’s
policies as amended from time to time.
10 Personal/carer’s leave and compassionate leave
You are entitled to 10 days’ personal/carer’s leave for each year of service with the
Company. If you are engaged on a part time basis, you will accrue leave on a pro rata basis.
If you have used all of your personal/carer’s leave entitlement, you may be entitled to take
up to 2 days’ unpaid carer’s leave on each occasion you need it.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
You may take up to 2 days’ compassionate leave if a member of your Immediate Family (as
defined in the National Employment Standards) or household dies or has a personal illness or
injury that poses a serious threat to their life.
The Company may require you to provide evidence that you needed to take
personal/carer’s or compassionate leave.
You are not entitled to payment in respect of your accrued but untaken personal/carer’s
leave or compassionate leave when your employment ends.
11 Other forms of leave
You are entitled to long service leave in accordance with applicable legislation.
You are entitled to other forms of leave in accordance with the National Employment
Standards as set out in the Fair Work Act 2009 (Cth).
12 Public holidays
From time to time you may be required, and you will not unreasonably refuse, to work on a
public holiday in order to perform your duties. Your TFC includes an amount to compensate
for this.
13 Suspension from duty
If the Company forms the view that your conduct, capacity or performance may warrant
serious disciplinary action (including ending of your employment), the Company may
suspend you from duty or direct you to perform work in a different position, pending the
outcome of any investigation or review.
14 Ending your employment
Ending your employment with notice
You or the Company may end your employment at any time by giving written notice for the
period specified in Item 10 of Schedule 1.
Deduction of amounts owed
To the extent permitted by law, any outstanding advances or other payments due to the
Company by you will be deducted before payment of any amounts under this clause are
made to you.
If the amounts owed by you to the Company on the day your employment ends exceed
amounts payable to you under this clause, you agree to repay such amounts to the
Company within 14 days of the day on which your employment ends.
You acknowledge that this clause is reasonable, and you will complete any written
authorisations required to give effect to it.
Payment in lieu of notice period
The Company may:
 pay you in lieu of your notice period; or
 require you to work for part of your notice period and pay you in lieu of the balance of
the period.
If your employment ends, the Company will calculate any payments in lieu of notice or
accrued leave in accordance with applicable law.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Duties during notice period
During a notice period the Company, for all or part of the period:
 is not obliged to provide you with work;
 may require you not to attend at the workplace;
 may require you to undertake any alternative duties and responsibilities for all or part
of the notice period;
 may change your title to another title;
 may require you to return Company property;
 may disable your access to Company email and other systems;
 may direct you not to communicate with certain or all team members of the Company;
and
 other than in circumstances of redundancy, may appoint, with effect from the date
designated, another person to undertake, as your successor, the duties and
responsibilities that you carried out immediately before the date on which the notice
of termination was given.
Ending your employment without notice
The Company may end your employment for reasons that may include, but are not limited
to, the following:
 wilful or serious negligence in the performance of your duties;
 a serious or persistent breach of this agreement or repudiation of any of its terms;
 disobedience or neglect of any lawful and reasonable direction given by or on behalf
of the Company, including in any Company policy or procedure;
 conduct that causes a serious and imminent risk to the health and safety of a person;
 conduct, whether at work or otherwise, which brings the Company into disrepute or in
the Company’s reasonable opinion, might detrimentally affect it;
 being charged with, or convicted of, a criminal offence punishable by imprisonment;
 theft, dishonesty, assault or fraud; or
 misappropriation of any Company property.
If you engage in serious or wilful misconduct (which could include the conduct described
above), no notice will be payable to you.
Return of property
Before your employment ends, or as soon as practicable after it ends, you must return all
property belonging to the Company.
Redundancy
If your employment ends due to redundancy, you may be eligible to receive redundancy
pay.
15 Disclosure of information
You are required to comply with the obligations regarding confidential information set out in
Schedule 2.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
16 Intellectual property
You are required to comply with the obligations regarding intellectual property set out in
Schedule 3.
17 Restrictions during your employment
During your employment you must not be engaged, concerned or interested in any other
business without the Company’s prior written consent. However, you may hold shares in
companies listed on any recognised stock exchange without the Company’s prior written
consent if you hold less than 5% of the issued shares of any class of any one company.
18 Reference and background checks
This offer of employment with the Company is made to you on the understanding that the
information you provided to us (including during the recruitment process) is true, accurate
and complete. However, the Company may require you to undergo reference and other
background checking. Accordingly, you acknowledge and accept that:
 if required, this agreement is conditional upon the satisfactory completion of any
reference, probity and other background checks to determine your suitability for the
position; and
 if the Company is not satisfied with the results of any of the checks, it may withdraw this
offer of employment made to you.
From time to time the Company may need to undertake reference, probity or other
background checks and you consent to these checks taking place. If the Company is not
satisfied with the results, it may terminate your employment in accordance with the terms of
this agreement.
19 Right to work in Australia
Your employment is subject to you having, and retaining, the legal right to work in Australia.
By signing this agreement, you declare that you have the legal right to work in Australia.
You must advise the Company immediately of any changes to your legal right to work in
Australia.
If required by the Company, you agree to provide documentary evidence of your legal right
to work in Australia.
If at any time after your employment commences you are not legally entitled to be
employed by the Company in Australia, the Company may terminate your employment in
accordance with the terms of this agreement.
If you are working under a visa, there may be specific terms included in Schedule 1 related
to this visa.
20 General
This agreement is governed by the law in force in the jurisdiction specified in Item 11 of
Schedule 1.
If any provision of this agreement is unenforceable, illegal or void, that provision is severed,
and the other provisions of this agreement remain in force.
Other terms specific to your role or employment may be included in Schedule 1.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
This agreement, including its schedules, contains the entire agreement between the parties
with respect to its subject matter and your employment with the Company.
This agreement supersedes all prior discussions, negotiations, understandings and
agreements between you and the Company in relation to your employment.
You acknowledge that in accepting employment with the Company you have not relied on
any representations regarding your employment made by the Company (or its agents or
team members) other than matters expressly set out in this agreement.
Yours sincerely
Kris Webb
Chief People Officer
Team Member Acceptance
16/11/2020 | 16:49:59 AEDT
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Schedule 1
Personal terms and conditions
Item Clause Subject Matter Details
Number
1. N/A Team Member Name Mohammad Emrul Hassan Emon
(00111317)
2. N/A Effective Date of this
Agreement
November 16, 2020
3. 1 Position Asst. Manager (IT) (80045869)
4. 1 Commencement Date November 23, 2020
1 Initial Commencement Date November 05, 2018
5. 1 Location Mona Vale (0884)
6. 2 Reporting Position Store Manager
7. 3 Status Permanent Full-time (P)
8. 3 Ordinary Hours of Work 40 hours, or as required to perform
the duties associated with your
position.
Your TFC includes consideration for
any reasonable additional hours
you may be required to work in the
performance of your duties.
9. 7 Total Fixed Compensation $79,800.00 per annum
10. 14 Notice of Termination by
Company or Team Member
during Probationary Period
N/A
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
14 Notice of Termination by 1 month
Company or Team Member
If you are over 45 years old and
have completed more than 5
years’ continuous service, the
notice period above is 5 weeks.
11. 20 Jurisdiction New South Wales, Australia
12. 8 Short Term Incentive Plan You may be eligible to participate
in the Company’s or the Group’s
Short Term Incentive Plan. Based on
your role and your current duties,
your Target opportunity will be
$2,813.00.
Your participation is subject to the
rules of the incentive plan. The
Company or Group may amend
these rules from time to time. They
do not form part of your
employment agreement.
Your participation in the plan, and
all benefits under the plan, are at
the absolute discretion of the
Company. Any payment to you will
be net of any applicable tax and
superannuation contribution which
the Company is required to make
in respect of any incentive
payment.
13. 20 General Retail Industry Award
2010
The General Retail Industry Award
2010 (‘GRIA’) applies to your
employment. For the purposes of
the GRIA, you are classified as Retail
Employee Level 6. While the GRIA
forms part of the industrial laws
governing your employment, the
terms of the GRIA do not form part
of this Employment Agreement. A
copy of the GRIA is available on
https://www.fwc.gov.au/awards-
and-agreements/awards/modern-
awards/modern-awards-list.
Your total TFC (excluding statutory
superannuation) and additional
compensation is in full satisfaction of
all monetary benefits which might
otherwise be payable under the
GRIA, including minimum wages,
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
overtime, penalties, loadings and
allowances.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Schedule 2
Confidentiality Agreement
Confidential information
I understand that while working with the Company, I may receive or generate information relating to
the Company, the Group and their businesses, customers, business partners and suppliers. I understandI
will receive or generate Confidential Information in my position.
‘Information’ means any information about the Company, the Group or its or their businesses
(including, but not limited to, any data, idea, concept, process or know–how) which:
 comes to your notice in the course of your employment; or
 is generated by you in the course of performing your duties.
‘Confidential Information’ is Information which is confidential and not in the public domain (other than
due to breach of confidentiality). It may include, but is not limited to:
• emails and other documents that are prepared for internal use, whether stored in printed
form, electronically or otherwise, formal or informal in nature;
• commercially sensitive documents or information relating to sales, margins, profits,
products, merchandising, business strategy or future business direction, accounting
procedures or financial information;
• information, including data, records and documents, regarding team members,
customers, suppliers, internal procedures, processes and systems (including training
materials);
• information obtained verbally, whether in formal meetings, by telephone or in any other
way;
• information relating to new business ideas, concepts or processes;
• information relating to new technologies or know-how;
• trade secrets; and
• all other information that is designated as confidential by the Company or the Group.
I acknowledge that Confidential Information is extremely valuable, and that its unauthorised use or
disclosure is likely to cause damage, loss to, or liability for the Group. I understand that Confidential
Information is to be treated as confidential to the Group, and will take all reasonable and necessary
precautions to maintain the secrecy and prevent the disclosure of Confidential Information and notify
the Company if I become aware of a breach of confidentiality of the Company or the Group. In
particular, during my employment, I will not use or disclose Confidential Information unless the use or
disclosure is:
• required by law;
• made as part of the proper performance of my duties; or
• otherwise agreed by the Group in writing.
After my employment ends, and without limiting my general law obligations, I agree that I will not
disclose Confidential Information unless the disclosure is:
 required by law; or
 otherwise agreed in writing by the Group in writing.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
I will take all reasonable and necessary precautions to maintain the secrecy and prevent the
disclosure of Confidential Information.
I will comply at all times with Company or Group data security and confidentiality guidelines and other
relevant policies and procedures as amended from time to time. I understand that these documents
set out rules about how I access and use Confidential Information - for example, I must not email work
documents to my personal email address.
If I am requested at any time, and at the end of my employment with the Company for any reason, I
will immediately return to the Company all original and copy materials containing Confidential
Information which are in my possession or control.
Handling and security of personal information
I understand that while working with the Company, I may have access to personal information of
customers and other contacts of the Company or any other Group Company.
I will follow the Company’s or the Group’s procedures on dealing with personal information to ensure
that a breach of privacy legislation does not occur. When dealing with personal information, I will also
ensure that I am aware of the requirements of the Privacy Act 1988 (Cth) and any applicable state or
territory legislation regarding privacy and workplace surveillance.
I understand that it is important to consider whether the disclosure of personal information is relevant
and necessary for the conduct of the Company’s or Group’s business and that caution must also be
exercised to verify the identity of any person requesting disclosure of personal information, and if in
any doubt, the individual making the request should be asked to send a written request.
I will ensure that:
• personal information is not disclosed to any unauthorised third parties, which includes but
is not limited to family members, government bodies, and the Police in certain
circumstances;
• any personal information I hold is kept securely at all times and is not disclosed, whether
electronically, verbally or in writing, to any unauthorised third party;
• PCs and terminals are not visible to unauthorised staff, computer screens are not left
unattended without password protected screen-savers and that computer passwords are
kept confidential;
• manual records are not left where they can be accessed by unauthorised people, and
are locked away at night or when unattended; and
• personal information is only deleted, removed or destroyed in accordance with the
Company’s or the Group’s procedures.
Reporting breach
If I become aware of a security breach relating to Confidential Information (including personal
information), I will report to my line manager as soon as possible.
General
I acknowledge that:
• this schedule is not intended to limit any duty of fidelity owed by me and implied into my
employment agreement; and
• my obligations under this Schedule 2 continue after my employment ends.
Mohammad Emrul Hassan Emon
00111317
DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F
Schedule 3
Intellectual Property Rights
‘Intellectual Property’ means all present and future rights to intellectual property anywhere in the
world, including (without limitation):
• patents, inventions and improvements, designs, copyright, trademarks (whether
registered or common law trade marks), brand names, product names, domain names,
know-how, trade secrets, and other results of intellectual effort in connection with my
employment, whether or not registered or capable of registration;
• all registrations of and rights to register, the above rights; and
• all renewals and extensions of these rights.
I agree that:
• I assign to the Company (or as otherwise directed by the Company) all my rights, title
and interest in any Intellectual Property acquired, developed or created by me in the
course of my employment with the Company (whether alone or in conjunction with
other, whether created in the course of my normal duties or otherwise, and whether
presently existing or arising after the date of this undertaking (‘Assigned Intellectual
Property’));
• the Assigned Intellectual Property vests in the Company immediately on creation or
acquisition by me; and
• I will do all things necessary to ensure the assignment to the Company (or as otherwise
directed by the Company) of the Assigned Intellectual Property, to assist the Company
(or relevant Group Company) in obtaining registration of the Assigned Intellectual
Property (where applicable) and in bringing or defending any infringement actions in
relation to the Assigned Intellectual Property.
I confirm that I am aware of my moral rights under the Copyright Act 1968 (Cth) (Copyright Act). I
consent to any act or omission by the Company, any Group Company, its or their licensees and/or
its or their successors in title which would, but for this consent, infringe my moral rights. I agree that
my consent is a genuine consent given under Part 9 of the Copyright Act and has not been induced
by duress or any false or misleading statement.

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Offer Letter_EC (20201116-163318543) - Mohammad Emrul Hassan Emon Signed.pdf

  • 1. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F November 16, 2020 Mohammad Emrul Hassan Emon Unit 507, 28 Wattle Lane, Ultimo New South Wales 2007 Dear Mohammad Emrul Hassan, Employment with Coles Supermarkets Australia Pty Ltd Congratulations on joining our team at Coles! I am pleased to offer you employment with Coles Supermarkets Australia Pty Ltd (ABN: 45 004 189 708) in the role of Asst. Manager (80045869). You will find the terms and conditions of your employment enclosed. To confirm your acceptance, please review the employment agreement and electronically accept the terms and conditions by clicking Finish at the signing page below within 5 days of receiving this letter. Upon receipt of your acceptance of the terms and conditions and following completion of your onboarding activities, your details will be added to our payroll system in preparation for the next available pay run following the commencement in this role. You are required to confirm your electronic acceptance of the terms and conditions set out in this contract by November 21, 2020. By commencing the role of Asst. Manager (IT) on November 23, 2020 or thereafter, you will be deemed to have accepted the terms and conditions set out in the attached employment agreement. Should you have any questions, please contact your Line Manager. I look forward to working with you to deliver value for our customers. Warm regards, Kris Webb Chief People Officer
  • 2. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Your employment agreement – Mohammad Emrul Hassan Emon Congratulations! I am pleased to offer you employment with Coles Supermarkets Australia Pty Ltd (ABN: 45 004 189 708) (Company). This letter and the attached schedules set out the terms of your employment with the Company. 1 Employment The Company will employ you in the position specified in Item 3 of Schedule 1 from the commencement date specified in Item 4 of Schedule 1. The Company acknowledges that your employment commenced on the date specified in item 4 of schedule 1 (Initial Commencement Date) and will recognise that date for the purpose of all service related entitlements. You warrant that you are not under any obligation or restriction which would interfere or conflict with your employment in this role or your obligations and duties under this agreement. Location and travel Your usual place of work is the location specified in Item 5 of Schedule 1. The Company may require you to work in other locations at any time in accordance with its business needs. The Company may also require you to travel within the state, interstate or overseas as part of your duties. Any changes to your location will be subject to consultation before they occur. 2 Duties and reporting structure Duties of your position You must perform the duties reasonably associated with your position. The Company may vary these duties at any time. In addition, you must perform other duties for the Company and any Group Company, which you are capable of performing, as reasonably required or directed by the Company. General duties You must:  devote all of your time, attention and skill to the performance of your duties both during normal working hours and at other times as reasonably necessary;  perform your duties faithfully and diligently;  follow all rostering and/or working requirements notified to you by the Company. This includes, but is not limited to, the requirement to log work periods in the appropriate time and attendance system (if applicable to your role), follow a model roster (if applicable to your role) and complete all training in respect of the Company’s working requirements;  follow lawful and reasonable directions given to you by the Company;  use your best endeavours to protect and promote the reputation and business interests of the Company and any Group Company; and  not engage in any conduct that is incompatible with your employment, including conduct that might bring the Company or any Group Company into disrepute or is adverse to the interests of the Company or any Group Company. ‘Group Company’ means a ‘related body corporate’ of the Company as that expression is defined in the Corporations Act 2001 (Cth). ‘Group’ means the Company and all Group Companies.
  • 3. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Reporting structure You will report to the position specified in Item 6 of Schedule 1 or as otherwise directed by the Company. Changes to your position etc During your employment, the Company may restructure its operations and management and this, or other decisions, may result in changes to your employment. These changes may include changes in title, position, work location, duties or reporting relationship within the Company. If your title, position, work location, duties or reporting structure change, this agreement will continue to apply to your employment unless you and the Company:  enter a new written employment agreement; or  vary this agreement in writing. 3 Hours of work Your employment status is specified in Item 7 of Schedule 1. Your ordinary hours of work are specified in Item 8 of Schedule 1. Because of the nature of your position, you acknowledge and agree that any additional hours that you are required to work in excess of your ordinary hours of work per week are reasonable so far as they are necessary for the full and proper performance of your position. Your Total Fixed Compensation has been set with this requirement in mind. The Company may place limits on the number of reasonable additional hours you may work beyond your ordinary hours of work. In these circumstances, specific approval must be sought and provided for you to work additional hours beyond your ordinary hours of work. You are required to adhere to any directions and/or guidance given to you from time to time in respect of limits placed on your hours of work. 4 Company policies The Company and the Group has various policies which apply to your employment. You must familiarise yourself with these policies. Where the policies place obligations on you, you must comply with them. The Company or the Group may review, vary, add to or withdraw the policies from time to time in its absolute discretion. To avoid doubt, any policies (including those specifically referred to in this agreement) and any obligations on the Company or the Group set out in them do not form part of your employment agreement and are not binding on the Company or the Group. 5 Workplace monitoring Camera surveillance The Company uses video surveillance equipment in strategically located internal and external areas of the workplace to monitor movements. Cameras will operate continuously and surveillance will be ongoing. You consent to such surveillance in the workplace. Computer and network surveillance The Company regularly monitors computer and network use by team members on an ongoing and regular basis to ensure compliance with relevant laws and company policies. The Company may at any time access, monitor and record any communication or information developed, used, received, stored or transmitted by you using Company resources. Filtering systems are installed in the Company’s network which restrict the flow of certain types of material, including emails and viruses, in and out of the network. Accordingly,
  • 4. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F some email traffic may be blocked, as deemed necessary to protect the Company’s interests. Further details regarding workplace surveillance is available on the Company intranet, and subject to amendments from time to time. 6 Social media It is important to remember your association with the Company when using social media. What you publish will not only reflect on you personally, but also on the Company brand. With this in mind, you are expected to present yourself professionally and ensure your profile and related content is in line with the Company’s policies as amended from time to time, including your confidential information obligations. In particular, you should regularly review the Company’s policies to ensure that you clearly understand the Company’s expectations of you when using social media. 7 Remuneration Total Fixed Compensation The Company will pay you on a Total Fixed Compensation (TFC). Your TFC is specified in Item 9 of Schedule 1. You are required to keep your TFC confidential. Your TFC includes:  salary; and  superannuation contributions paid by the Company. The Company will pay any of your TFC that you elect to receive as salary monthly by electronic transfer to your nominated bank account less any applicable tax and superannuation. You acknowledge and agree that your TFC is in full satisfaction of, and is intended to offset, all entitlements, benefits or payments that might otherwise be due under any industrial instrument that may apply to your employment including but not limited to:  base rates of pay;  overtime;  penalty payments for out of hours work and working weekends and public holidays;  shift loadings;  any other loadings, penalties or allowances; and  payment for any reasonable additional hours that you may be required to work to perform your duties. You agree you will not be paid any special rates or allowances for working particular times or under particular conditions unless otherwise agreed in writing. The Company will usually review your TFC annually. A review does not guarantee an increase to your TFC. Superannuation The superannuation contributions paid by the Company include the compulsory superannuation contributions up to the quarterly maximum salary cap on your behalf in accordance with Superannuation Guarantee legislation. The contributions may be made to the Company’s default superannuation fund or to a complying superannuation fund of your choice. You will be given information about this choice.
  • 5. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Salary packaging The Company may offer you the option to receive part of your TFC in the form of benefits (salary packaging). Any option will be subject to any applicable Company guidelines and to the Company’s ability to amend or withdraw such salary packaging at any time in its absolute discretion. Your TFC includes all costs associated with the election, including the costs of any fringe benefits tax payable by the Company as a result of complying with the election. Without limiting the paragraph above, or clause 4, you may be eligible to elect to salary package a motor vehicle in accordance with the Company's Fleet Motor Vehicle Policy. If you are eligible and you elect to do so, the cost of the vehicle or vehicles including finance, insurance, fuel, maintenance and fringe benefits tax will form part of your TFC. For further details regarding the Company’s current guidelines regarding the usage of these vehicles, please refer to the Fleet Motor Vehicle Policy, as amended from time to time. Reimbursements While you are employed by the Company, the Company will reimburse you for any work- related expenses that you reasonably incur during the performance of your duties in accordance with the Company’s relevant policies. The Company may require you to provide a tax invoice, or other evidence, to substantiate any expenses claimed. Amounts owed to the Company To the extent permitted by law, where an overpayment of salary or other amount has been made to you, you agree to repay this amount to the Company. You agree that this clause is reasonable in the circumstances, and you will complete any further written authorisations required to give effect to it. 8 Incentive arrangements You may be invited to participate in the incentive arrangements offered by the Company, which are specified in Item 12 of Schedule 1. These incentive arrangements do not form part of this agreement, and your participation is at the absolute discretion of the Company and is subject to the rules of the relevant incentive plan, which may be amended by the Company from time to time. 9 Annual leave You are entitled to 4 weeks’ annual leave for each year of service with the Company, which will accrue progressively according to your ordinary hours of work and accumulate from year to year. If you are engaged on a part time basis, you will accrue leave on a pro rata basis. If your employment with the Company ends, the Company will pay you for any accrued but untaken annual leave. Taking annual leave Annual leave must be taken at a time agreed with the Company. The Company may direct you to take annual leave in accordance with the Company’s policies as amended from time to time. 10 Personal/carer’s leave and compassionate leave You are entitled to 10 days’ personal/carer’s leave for each year of service with the Company. If you are engaged on a part time basis, you will accrue leave on a pro rata basis. If you have used all of your personal/carer’s leave entitlement, you may be entitled to take up to 2 days’ unpaid carer’s leave on each occasion you need it.
  • 6. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F You may take up to 2 days’ compassionate leave if a member of your Immediate Family (as defined in the National Employment Standards) or household dies or has a personal illness or injury that poses a serious threat to their life. The Company may require you to provide evidence that you needed to take personal/carer’s or compassionate leave. You are not entitled to payment in respect of your accrued but untaken personal/carer’s leave or compassionate leave when your employment ends. 11 Other forms of leave You are entitled to long service leave in accordance with applicable legislation. You are entitled to other forms of leave in accordance with the National Employment Standards as set out in the Fair Work Act 2009 (Cth). 12 Public holidays From time to time you may be required, and you will not unreasonably refuse, to work on a public holiday in order to perform your duties. Your TFC includes an amount to compensate for this. 13 Suspension from duty If the Company forms the view that your conduct, capacity or performance may warrant serious disciplinary action (including ending of your employment), the Company may suspend you from duty or direct you to perform work in a different position, pending the outcome of any investigation or review. 14 Ending your employment Ending your employment with notice You or the Company may end your employment at any time by giving written notice for the period specified in Item 10 of Schedule 1. Deduction of amounts owed To the extent permitted by law, any outstanding advances or other payments due to the Company by you will be deducted before payment of any amounts under this clause are made to you. If the amounts owed by you to the Company on the day your employment ends exceed amounts payable to you under this clause, you agree to repay such amounts to the Company within 14 days of the day on which your employment ends. You acknowledge that this clause is reasonable, and you will complete any written authorisations required to give effect to it. Payment in lieu of notice period The Company may:  pay you in lieu of your notice period; or  require you to work for part of your notice period and pay you in lieu of the balance of the period. If your employment ends, the Company will calculate any payments in lieu of notice or accrued leave in accordance with applicable law.
  • 7. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Duties during notice period During a notice period the Company, for all or part of the period:  is not obliged to provide you with work;  may require you not to attend at the workplace;  may require you to undertake any alternative duties and responsibilities for all or part of the notice period;  may change your title to another title;  may require you to return Company property;  may disable your access to Company email and other systems;  may direct you not to communicate with certain or all team members of the Company; and  other than in circumstances of redundancy, may appoint, with effect from the date designated, another person to undertake, as your successor, the duties and responsibilities that you carried out immediately before the date on which the notice of termination was given. Ending your employment without notice The Company may end your employment for reasons that may include, but are not limited to, the following:  wilful or serious negligence in the performance of your duties;  a serious or persistent breach of this agreement or repudiation of any of its terms;  disobedience or neglect of any lawful and reasonable direction given by or on behalf of the Company, including in any Company policy or procedure;  conduct that causes a serious and imminent risk to the health and safety of a person;  conduct, whether at work or otherwise, which brings the Company into disrepute or in the Company’s reasonable opinion, might detrimentally affect it;  being charged with, or convicted of, a criminal offence punishable by imprisonment;  theft, dishonesty, assault or fraud; or  misappropriation of any Company property. If you engage in serious or wilful misconduct (which could include the conduct described above), no notice will be payable to you. Return of property Before your employment ends, or as soon as practicable after it ends, you must return all property belonging to the Company. Redundancy If your employment ends due to redundancy, you may be eligible to receive redundancy pay. 15 Disclosure of information You are required to comply with the obligations regarding confidential information set out in Schedule 2.
  • 8. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F 16 Intellectual property You are required to comply with the obligations regarding intellectual property set out in Schedule 3. 17 Restrictions during your employment During your employment you must not be engaged, concerned or interested in any other business without the Company’s prior written consent. However, you may hold shares in companies listed on any recognised stock exchange without the Company’s prior written consent if you hold less than 5% of the issued shares of any class of any one company. 18 Reference and background checks This offer of employment with the Company is made to you on the understanding that the information you provided to us (including during the recruitment process) is true, accurate and complete. However, the Company may require you to undergo reference and other background checking. Accordingly, you acknowledge and accept that:  if required, this agreement is conditional upon the satisfactory completion of any reference, probity and other background checks to determine your suitability for the position; and  if the Company is not satisfied with the results of any of the checks, it may withdraw this offer of employment made to you. From time to time the Company may need to undertake reference, probity or other background checks and you consent to these checks taking place. If the Company is not satisfied with the results, it may terminate your employment in accordance with the terms of this agreement. 19 Right to work in Australia Your employment is subject to you having, and retaining, the legal right to work in Australia. By signing this agreement, you declare that you have the legal right to work in Australia. You must advise the Company immediately of any changes to your legal right to work in Australia. If required by the Company, you agree to provide documentary evidence of your legal right to work in Australia. If at any time after your employment commences you are not legally entitled to be employed by the Company in Australia, the Company may terminate your employment in accordance with the terms of this agreement. If you are working under a visa, there may be specific terms included in Schedule 1 related to this visa. 20 General This agreement is governed by the law in force in the jurisdiction specified in Item 11 of Schedule 1. If any provision of this agreement is unenforceable, illegal or void, that provision is severed, and the other provisions of this agreement remain in force. Other terms specific to your role or employment may be included in Schedule 1.
  • 9. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F This agreement, including its schedules, contains the entire agreement between the parties with respect to its subject matter and your employment with the Company. This agreement supersedes all prior discussions, negotiations, understandings and agreements between you and the Company in relation to your employment. You acknowledge that in accepting employment with the Company you have not relied on any representations regarding your employment made by the Company (or its agents or team members) other than matters expressly set out in this agreement. Yours sincerely Kris Webb Chief People Officer Team Member Acceptance 16/11/2020 | 16:49:59 AEDT
  • 10. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Schedule 1 Personal terms and conditions Item Clause Subject Matter Details Number 1. N/A Team Member Name Mohammad Emrul Hassan Emon (00111317) 2. N/A Effective Date of this Agreement November 16, 2020 3. 1 Position Asst. Manager (IT) (80045869) 4. 1 Commencement Date November 23, 2020 1 Initial Commencement Date November 05, 2018 5. 1 Location Mona Vale (0884) 6. 2 Reporting Position Store Manager 7. 3 Status Permanent Full-time (P) 8. 3 Ordinary Hours of Work 40 hours, or as required to perform the duties associated with your position. Your TFC includes consideration for any reasonable additional hours you may be required to work in the performance of your duties. 9. 7 Total Fixed Compensation $79,800.00 per annum 10. 14 Notice of Termination by Company or Team Member during Probationary Period N/A
  • 11. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F 14 Notice of Termination by 1 month Company or Team Member If you are over 45 years old and have completed more than 5 years’ continuous service, the notice period above is 5 weeks. 11. 20 Jurisdiction New South Wales, Australia 12. 8 Short Term Incentive Plan You may be eligible to participate in the Company’s or the Group’s Short Term Incentive Plan. Based on your role and your current duties, your Target opportunity will be $2,813.00. Your participation is subject to the rules of the incentive plan. The Company or Group may amend these rules from time to time. They do not form part of your employment agreement. Your participation in the plan, and all benefits under the plan, are at the absolute discretion of the Company. Any payment to you will be net of any applicable tax and superannuation contribution which the Company is required to make in respect of any incentive payment. 13. 20 General Retail Industry Award 2010 The General Retail Industry Award 2010 (‘GRIA’) applies to your employment. For the purposes of the GRIA, you are classified as Retail Employee Level 6. While the GRIA forms part of the industrial laws governing your employment, the terms of the GRIA do not form part of this Employment Agreement. A copy of the GRIA is available on https://www.fwc.gov.au/awards- and-agreements/awards/modern- awards/modern-awards-list. Your total TFC (excluding statutory superannuation) and additional compensation is in full satisfaction of all monetary benefits which might otherwise be payable under the GRIA, including minimum wages,
  • 12. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F overtime, penalties, loadings and allowances.
  • 13. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Schedule 2 Confidentiality Agreement Confidential information I understand that while working with the Company, I may receive or generate information relating to the Company, the Group and their businesses, customers, business partners and suppliers. I understandI will receive or generate Confidential Information in my position. ‘Information’ means any information about the Company, the Group or its or their businesses (including, but not limited to, any data, idea, concept, process or know–how) which:  comes to your notice in the course of your employment; or  is generated by you in the course of performing your duties. ‘Confidential Information’ is Information which is confidential and not in the public domain (other than due to breach of confidentiality). It may include, but is not limited to: • emails and other documents that are prepared for internal use, whether stored in printed form, electronically or otherwise, formal or informal in nature; • commercially sensitive documents or information relating to sales, margins, profits, products, merchandising, business strategy or future business direction, accounting procedures or financial information; • information, including data, records and documents, regarding team members, customers, suppliers, internal procedures, processes and systems (including training materials); • information obtained verbally, whether in formal meetings, by telephone or in any other way; • information relating to new business ideas, concepts or processes; • information relating to new technologies or know-how; • trade secrets; and • all other information that is designated as confidential by the Company or the Group. I acknowledge that Confidential Information is extremely valuable, and that its unauthorised use or disclosure is likely to cause damage, loss to, or liability for the Group. I understand that Confidential Information is to be treated as confidential to the Group, and will take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of Confidential Information and notify the Company if I become aware of a breach of confidentiality of the Company or the Group. In particular, during my employment, I will not use or disclose Confidential Information unless the use or disclosure is: • required by law; • made as part of the proper performance of my duties; or • otherwise agreed by the Group in writing. After my employment ends, and without limiting my general law obligations, I agree that I will not disclose Confidential Information unless the disclosure is:  required by law; or  otherwise agreed in writing by the Group in writing.
  • 14. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F I will take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of Confidential Information. I will comply at all times with Company or Group data security and confidentiality guidelines and other relevant policies and procedures as amended from time to time. I understand that these documents set out rules about how I access and use Confidential Information - for example, I must not email work documents to my personal email address. If I am requested at any time, and at the end of my employment with the Company for any reason, I will immediately return to the Company all original and copy materials containing Confidential Information which are in my possession or control. Handling and security of personal information I understand that while working with the Company, I may have access to personal information of customers and other contacts of the Company or any other Group Company. I will follow the Company’s or the Group’s procedures on dealing with personal information to ensure that a breach of privacy legislation does not occur. When dealing with personal information, I will also ensure that I am aware of the requirements of the Privacy Act 1988 (Cth) and any applicable state or territory legislation regarding privacy and workplace surveillance. I understand that it is important to consider whether the disclosure of personal information is relevant and necessary for the conduct of the Company’s or Group’s business and that caution must also be exercised to verify the identity of any person requesting disclosure of personal information, and if in any doubt, the individual making the request should be asked to send a written request. I will ensure that: • personal information is not disclosed to any unauthorised third parties, which includes but is not limited to family members, government bodies, and the Police in certain circumstances; • any personal information I hold is kept securely at all times and is not disclosed, whether electronically, verbally or in writing, to any unauthorised third party; • PCs and terminals are not visible to unauthorised staff, computer screens are not left unattended without password protected screen-savers and that computer passwords are kept confidential; • manual records are not left where they can be accessed by unauthorised people, and are locked away at night or when unattended; and • personal information is only deleted, removed or destroyed in accordance with the Company’s or the Group’s procedures. Reporting breach If I become aware of a security breach relating to Confidential Information (including personal information), I will report to my line manager as soon as possible. General I acknowledge that: • this schedule is not intended to limit any duty of fidelity owed by me and implied into my employment agreement; and • my obligations under this Schedule 2 continue after my employment ends.
  • 15. Mohammad Emrul Hassan Emon 00111317 DocuSign Envelope ID: 4F750EF1-B210-4287-8DC5-F0C117A1A27F Schedule 3 Intellectual Property Rights ‘Intellectual Property’ means all present and future rights to intellectual property anywhere in the world, including (without limitation): • patents, inventions and improvements, designs, copyright, trademarks (whether registered or common law trade marks), brand names, product names, domain names, know-how, trade secrets, and other results of intellectual effort in connection with my employment, whether or not registered or capable of registration; • all registrations of and rights to register, the above rights; and • all renewals and extensions of these rights. I agree that: • I assign to the Company (or as otherwise directed by the Company) all my rights, title and interest in any Intellectual Property acquired, developed or created by me in the course of my employment with the Company (whether alone or in conjunction with other, whether created in the course of my normal duties or otherwise, and whether presently existing or arising after the date of this undertaking (‘Assigned Intellectual Property’)); • the Assigned Intellectual Property vests in the Company immediately on creation or acquisition by me; and • I will do all things necessary to ensure the assignment to the Company (or as otherwise directed by the Company) of the Assigned Intellectual Property, to assist the Company (or relevant Group Company) in obtaining registration of the Assigned Intellectual Property (where applicable) and in bringing or defending any infringement actions in relation to the Assigned Intellectual Property. I confirm that I am aware of my moral rights under the Copyright Act 1968 (Cth) (Copyright Act). I consent to any act or omission by the Company, any Group Company, its or their licensees and/or its or their successors in title which would, but for this consent, infringe my moral rights. I agree that my consent is a genuine consent given under Part 9 of the Copyright Act and has not been induced by duress or any false or misleading statement.