Common use of No Inconsistent Statements Clause in Contracts

No Inconsistent Statements. Four 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 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 Four 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 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, 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 Four Seasons Australia Pty Ltd 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: [Insert name and role of Delegate] Delegate for the FAIR WORK OMBUDSMAN (Date) 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: FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Attachment A – Employees XXXXXXXXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXXXXXXXX Employee B 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 – Workplace Notice and Public Notice Contraventions of the Fair Work Xxx 0000, the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010 by Four Seasons Australia Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Four Seasons Australia Pty Ltd contravened the Fair Work Xxx 0000, the Restaurant Industry Award 2010 and the 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 Four Seasons Australia Pty Ltd contravened the Fair Work Xxx 0000 , the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010.

No Inconsistent Statements. Four Seasons Australia and Xx. Xxxxx Hun ChaIllawarra 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 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 Four Seasons AustraliaIllawarra 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 Four Seasons Australia 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, Four Seasons Australia 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 EXECUTED by Four Seasons Australia Illawarra Communications Pty Ltd 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: [Insert name and role of Delegate] Xxxxxx Xxxxxx Executive Director – Dispute Resolution & Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) ACCEPTED by We refer to the FAIR WORK OMBUDSMAN pursuant admission made to section 715(2) the Office of the Fair Work Xxx 0000 on: FAIR WORK OMBUDSMAN Ombudsman (DateFWO) in the presence of: (Signature of witness) (Name of Witness) Attachment A – Employees XXXXXXXXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXXXXXXXX Employee B 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 – Workplace Notice and Public Notice Contraventions of by Illawarra Communications Pty Ltd that it had contravened the Fair Work Xxx 0000, the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010 by Four Seasons Australia . Illawarra Communications Pty Ltd We refer worked cooperatively with the FWO to determine that it had contravened Section 45 of the FW Act by contravening a Modern Award, specifically failing to pay the prescribed casual loadings, public holidays, weekends and overtime rates. Illawarra Communications Pty Ltd has formally admitted to 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 in addition to rectifications already made, which includes future reporting to the FWO. Illawarra Communications Pty Ltd expresses its sincere regret and apologises for its actions which resulted in the contraventions. Furthermore, Illawarra Communications Pty Ltd gives a commitment that it will not happen again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Illawarra Communications Pty Ltd and have queries or questions relating to your employment, please contact Xxxxx Xxxxx (Office Administration Manager) on 02 4229 7300 or 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. Date Employee Name Address Address Dear ______ The purpose of this letter is to apologise on behalf of Illawarra Communications Pty Ltd for non-compliance with Commonwealth workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations determined that Four Seasons Australia Illawarra Communications Pty Ltd had contravened the Fair Work Xxx 0000Act 2009 (FW Act) by failing to pay 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 on weekends Clause 30.4 - Payment for time worked on a public holiday Clause 26.1 - Payment for working overtime Regrettably, the Restaurant Industry Award 2010 and investigation determined that you were affected by the Food, Beverage and Tobacco Manufacturing Award 2010above contraventions. Four Seasons Australia Illawarra Communications Pty Ltd is a Sushi Restaurant business operating in Queensland and New South Wales and no previous contraventions of Commonwealth workplace laws taking steps to remedy the contraventions, including by rectifying $____ that you have been determined against Four Seasons Australia Pty Ltd. The FWO has found that Four Seasons Australia Pty Ltd contravened underpaid. You will/have receive/d this payment on (date) and will be provided with payment advice (pay slip) regarding the Fair Work Xxx 0000 , the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010payment.

No Inconsistent Statements. Four Seasons Australia and Xx. Xxxxx Hun ChaHappytel 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 acknowledges 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 Four Seasons AustraliaHappytel 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 Four Seasons Australia has Happytel and the Entities have 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, Four Seasons Australia 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 Four Seasons Australia 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: [Insert name Xxxxxx Xxxxxx Executive Director Dispute Resolution and role of Delegate] Compliance Delegate for the FAIR WORK OMBUDSMAN (Date) 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: FAIR WORK OMBUDSMAN (Date) in the presence of: (Signature of witness) (Name of Witness) Attachment Schedule A – Employees XXXXXXXXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXXXXXXXX Employee C Attachment XXXXXXXXXXXXXXXXX Schedule 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 – Workplace Notice and Form of Public Notice Contraventions Contravention of the Fair Work Xxx 0000, the Restaurant Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010 Act by Four Seasons Australia Happytel Retail Group Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Four Seasons Australia 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 Fair Work Xxx 0000, the Restaurant General Retail Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010Fair Work Xxx 0000 (Applicable Instruments). 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 Four Seasons Australia 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 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 Restaurant Industry Award 2010 investigation determined that you were affected by the above contraventions. Happytel and the FoodEntities are taking steps to remedy the contraventions, Beverage including by rectifying <insert amount> that you have been underpaid. You will/have receive/d this payment on <insert date> and Tobacco Manufacturing Award 2010will 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>.