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Private & Confidential

Tuesday, 1 November 2022

Lais Mendes
C/O Aldesta Heron Island Pty Ltd
Via Gladstone
Queensland,4860

Dear Lais,

OFFER OF EMPLOYMENT

On behalf of Aldesta Heron Island Pty Ltd, I am pleased to make this offer of employment to you on
the terms and conditions set out in this letter.

You have been added to the manifest for the Heron Islander boat on TBC. Please be sure to book in for
travel by 8:30am at the Gladstone Marina. Please advise Marina staff that you are new staff.

The attached Employment Agreement sets out the terms and conditions of your employment. In
addition to your position description you may be asked to perform other duties, which are not included
in your position description, which you will be capable of doing.

The agreement and your employment adhere to the Fair Work Act and requirements in the National
Employment Standards (as attached).

Further details of our Organisations’ policies and procedures will also be explained upon
commencement.

Please confirm your acceptance of this offer by signing and returning the duplicate copy of your
Employment Contract as soon as possible.

Congratulations on your appointment, I look forward to you joining our team. I am sure you will find
both the position and the work environment challenging and stimulating, and that you will enjoy the
opportunity to contribute to the future development of both Heron Island and Wilson island.

Yours faithfully

Rena Scott
General Manager
Aldesta Heron Island Pty Ltd

Lais Mendes_FT CommChef


Employment Agreement for Lais Mendes

We are pleased to confirm these terms and conditions of your employment with Aldesta Heron Island
Pty Ltd (ABN 51 137 854 721) trading as Aldesta Heron Island Pty Ltd.
1 Modern Award

1.1 Subject to the terms of this Agreement, the Modern Award at Item 1 of Schedule 1 (Modern
Award) and the National Employment Standards (NES) apply to your employment as a matter
of law but do not form part of your contract of employment.

1.2 Your current classification under the Modern Award is set out in Item 2 of Schedule 1.

2 Start Date

2.1 Your employment with Aldesta Heron Island Pty Ltd will start on the date set out in Item 3 of
Schedule 1 and will continue until it is terminated by either you or Aldesta Heron Island Pty Ltd
in accordance with this Agreement.

3 Minimum Employment Period

3.1 Your employment is subject to a minimum employment period of 3 months, during which time
you or Aldesta Heron Island Pty Ltd may terminate your employment with one week’s notice in
writing or by Aldesta Heron Island Pty Ltd making a payment to you in lieu of notice for all or
part of this notice period.

3.2 Aldesta Heron Island Pty Ltd may elect to extend this probation period with a review.

3.3 Once your probationary period has been completed, you will have a review and be advised in
writing of your continuous employment status.

4 Basis of Employment

4.1 You are employed on the basis set out in Item 4 of Schedule 1.

5 Your Role and Duties

5.1 You will be employed in the position set out in Item 5 of Schedule 1.

5.2 Your reporting line will be to the person set out in Item 6 of Schedule 1, Aldesta Heron Island
Pty Ltd reserves the right to change this at any time.

5.3 Your Position Description is located in Schedule 2 of this Agreement.

5.4 You agree to:


(a) comply with all lawful and reasonable directions given you by Aldesta Heron Island Pty
Ltd;

(b) unless specific permission is granted, devote your time, attention and abilities exclusively
to the business of Aldesta Heron Island Pty Ltd during normal business hours;

(c) act in the best interests of Aldesta Heron Island Pty Ltd and to not intentionally do
anything which is or may be harmful to Aldesta Heron Island Pty Ltd ;

(d) perform your duties and responsibilities in a proper and efficient manner; and

Lais Mendes_FT CommChef


(e) not act, or be seen to be acting, in conflict with the best interests of Aldesta Heron Island
Pty Ltd .

5.5 If Aldesta Heron Island Pty Ltd promotes you and/or your remuneration, position, duties,
responsibilities and/or status change, the terms of this agreement will continue to apply to your
employment, unless amended and signed accordingly.

6 Location

6.1 Your role will be based at the location specified in Item 7 of Schedule 1.

7 Hours of Work

7.1 Your ordinary hours of work will be as set out at Item 8 of Schedule 1, worked at the times and
on the days set out in Item 9 of Schedule 1, or at other times or on days as directed by Aldesta
Heron Island Pty Ltd from time to time.

7.2 You agree to work these ordinary hours of work and any other hours as are necessary for you to
perform your duties satisfactorily. You acknowledge that this may include working on the
weekends or after-hours.

7.3 Whilst at work you are expected to devote all your time and attention to Aldesta Heron Island
Pty Ltd as may be reasonably necessary to the discharge of your duties.

7.4 You agree that these other hours are reasonable additional hours and that you will not be
entitled to receive any additional remuneration for hours worked outside your ordinary hours
of work unless pre-approved by the General Manager.

7.5 You will be entitled to an unpaid meal break each day, the time and duration of which will be
agreed with your Manager from time to time. It is your responsibility to ensure that you take
this break.

8 Remuneration

8.1 Aldesta Heron Island Pty Ltd will pay you the salary set out in Item 10 of Schedule 1, less
applicable taxation and exclusive of superannuation.

8.2 You agree that your hourly rate and any other payments made to you by Aldesta Heron Island
Pty Ltd under this Agreement or otherwise compensate you for and can be used to set off any
legal entitlement you may have or become entitled to under the Modern Award, any other
industrial instrument and/or any relevant legislation applicable to your employment. This
includes minimum wages, overtime (unless otherwise approved), penalty rates and loadings for
out of ordinary hours work, weekend and/or public holiday work, allowances and/or leave
loadings (Award Entitlements).

8.3 If there are changes to the Award Entitlements, your Remuneration will be applied to, and
absorb, those changed entitlements. This means that you are not entitled to additional
payments for the Award Entitlements. This means that any remuneration and/or other payment
made by Aldesta Heron Island Pty Ltd to you in excess of your minimum wage/salary entitlement
under the Modern Award or industrial entitlements may be offset against any other Modern
Award or industrial entitlement.

8.4 Your remuneration and any other payments made to you are not a rate of pay for ordinary hours
on which penalties or other entitlements under the Modern Award or industrial instrument or
legislation can be calculated.

Lais Mendes_FT CommChef


8.5 Your remuneration will be paid into your nominated bank account by electronic funds transfer
on a fortnightly basis.

9 Superannuation

9.1 Aldesta Heron Island Pty Ltd will make superannuation contributions for your benefit at a rate
that satisfies our statutory obligations, into a superannuation fund of your choice, provided that
the fund and your nomination complies with relevant legislation. If you do not choose a fund, a
complying default fund will be selected for you.

10 Leave

10.1 You are entitled to leave in accordance with the NES, the Modern Award and relevant State
legislation. You are entitled to the following:

(a) 20 days paid annual leave for each year of service (pro rated for part time), and is
calculated on your normal weekly working hours;

(b) 10 days paid personal/carer’s leave for each year of service (pro rated for part time);

(c) Long service leave in accordance with the provisions of the Industrial Relations Act 2016;

(d) 12 months of unpaid parental leave (after 12 months of continuous service) for qualifying
employees;

(e) Two days paid leave in the event of the death or serious illness or injury of an immediate
family member or member of the Employee's household;

(f) Community service leave in accordance with the provisions of the FW Act.

10.2 Entitlements to take leave are also subject to Aldesta Heron Island Pty Ltd policies and
procedures, such as requirements about notice, when Aldesta Heron Island Pty Ltd can direct
you to take leave and require documentary evidence such as a medical certificate or statutory
declaration .

10.3 You are also entitled to public holidays in accordance with gazetted public holidays in the state
in which you are employed.

10.4 Please note due to operational requirements, the company may close down all or part of its
operations. During these times, employees will be required to take annual leave during the
period of any close down. The company shall provide employees with at least 28 days advance
notice of any closedown.

11 Deductions

11.1 Meals and shared furnished accommodation will be provided to you whilst you reside at the
resort

11.2 The charges for these meals will be $177.76 per fortnight

11.3 The charges for the shared furnished accommodation will be $186.02 per fortnight

11.4 The above charges will be deducted from your post tax base wage

Lais Mendes_FT CommChef


11.5 The meals and accommodation charges may be varied from time to time, or may be varied
through the Annual Wage Review each year. Heron Island will communicate any changes to the
meals and accommodation charge in writing two weeks in advance.
12 Confidential Information

12.1 In the course of your employment, you will have access to Confidential Information of Aldesta
Heron Island Pty Ltd and its Clients, Customers etc whether in written, computerised, oral and/or
other form.

12.2 You agree to keep confidential, the Confidential Information of Aldesta Heron Island Pty Ltd, and
will not disclose Confidential Information to any person except as required by law, with Aldesta
Heron Island Pty Ltd prior written consent or its agents, employees or advisors as necessary in
the performance of his duties.

12.3 You must not:

(a) Remove Confidential Information from Aldesta Heron Island Pty Ltd ’s premises
(except as previously authorised for the purposes of performing your duties);

(b) Make copies of Confidential Information (except for the purposes of performing your
duties);

(c) Either directly or indirectly disclose any Confidential Information, unless expressly
authorised by Aldesta Heron Island Pty Ltd, or required by law or court order or where
the information has become public, otherwise this Agreement is in breach by you; or

(d) use or attempt to use Confidential Information for your own purposes, for any purpose
other than that authorised by Aldesta Heron Island Pty Ltd or in any manner that may
injure or cause loss directly or indirectly to Aldesta Heron Island Pty Ltd and/or its
business.
12.4 Your obligations under this clause continue after the termination of your employment and/or
this Agreement.

12.5 You acknowledge that should you breach your obligations under clause 11, such breach will
constitute serious misconduct justifying summary dismissal.

12.6 Confidential Information means information whether in writing or otherwise, trade secrets,
accounting information and any other information confidential to Aldesta Heron Island Pty Ltd ,
which relates to the business affairs, Clients, Customers and/or property of Aldesta Heron Island
Pty Ltd and is generally not available to the public. It also includes but is not limited to, any:

(a) Information relating to Aldesta Heron Island Pty Ltd ’s business;

(b) Information of Aldesta Heron Island Pty Ltd relating to its services and products
(offered or to be offered), operations, research, development, marketing, pricing,
Clients, Customers and prospective Customers (including their special needs and
requirements), business methods, strategies, financial conditions, personnel, plans
and/or policies;

(c) Trade secrets, project information, design concepts and principles, planning strategies,
accounting information such as gross profit margins, information relating to
marketing, sales plans, prospects, pricing information, market research, client or

Lais Mendes_FT CommChef


contractor databases and any other information that the Employee is given which the
Employee is told is confidential or is not in the public domain.

(d) Confidential information of any Client, or Customer or third party obtained by Aldesta
Heron Island Pty Ltd on a confidential basis.

13 Intellectual Property

13.1 All intellectual property created, generated, discovered, invented, improved, designed and/or
developed by you in the course of or in connection with your employment under this agreement
with Aldesta Heron Island Pty Ltd , whether during or outside ordinary working hours, is the
exclusive property of Aldesta Heron Island Pty Ltd .

13.2 You agree to, and do, assign to Aldesta Heron Island Pty Ltd all existing or future rights in any
intellectual property created by you and acknowledge that by virtue of this clause, all such
existing rights are vested in Aldesta Heron Island Pty Ltd and all such future rights will vest in
Aldesta Heron Island Pty Ltd .

13.3 You (either during or after employment ends) must assign and transfer any rights of any
Intellectual Property to the Aldesta Heron Island Pty Ltd.

13.4 You agree not to make, reproduce, copy, retain or exploit any Intellectual Property assigned to
the Company under this clause other than in accordance with the terms of this Agreement.

13.5 You consent to all uses, including adaptation by Aldesta Heron Island Pty Ltd without attribution
to you, of any copyright works which you produce or contribute to during your employment with
Aldesta Heron Island Pty Ltd .

13.6 You acknowledge that during your employment, and at all times afterwards, so far as you are
able, you will waive all moral rights in works that you have created in the course of your
employment. You unconditionally consent to all acts or omissions by Aldesta Heron Island Pty
Ltd in relation to the work created, which may otherwise infringe your moral rights.

13.7 You agree that you will not engage in any conduct that may damage Aldesta Heron Island Pty
Ltd’s intellectual property.

14 Policies and Procedures

14.1 You are required to comply with all Company policies and procedures as they relate to your
employment as varied from time to time.

14.2 Despite the clause 13.1, Company policies and procedures do not form part of this agreement
and do not create any enforceable rights for the Employee.

14.3 The Company has a policy prohibiting discrimination, harassment, sexual harassment and
bullying which requires proper handling of all complaints of discrimination or harassment. The
Employee is required to comply with the policy.

14.4 To the extent that a policy and/or procedure of Aldesta Heron Island Pty Ltd requires you to do
or refrain from doing something, it constitutes a direction from Aldesta Heron Island Pty Ltd with
which you must comply.

Lais Mendes_FT CommChef


15 Termination of Employment

15.1 Upon completion of probation Aldesta Heron Island Pty Ltd may terminate your employment by
giving the following notice:

If your period of continuous service with Period of notice


Aldesta Heron Island Pty Ltd is

Less than 1 year 1 week

1 year to less than 3 years 2 weeks

3 years to less than 5 years 3 weeks

More than 5 years 4 weeks

15.2 If your termination is initiated by Aldesta Heron Island Pty Ltd and you are over 45 years old
and have completed at least 2 years of continuous service, you are entitled to an additional one
weeks’ notice.

15.3 Aldesta Heron Island Pty Ltd may immediately and without notice end your employment should
you commit an act of serious and/or wilful misconduct or wilful neglect in the discharge of his
duties or responsibilities, or if you wilfully disobey a lawful and reasonable direction.

15.4 If either you or Aldesta Heron Island Pty Ltd give notice of ending your employment, without
limiting our rights, Aldesta Heron Island Pty Ltd may:

(a) end your employment immediately or at any time during the notice period, and make a
payment to you in lieu of notice for the remainder of the notice period; and/or

(b) direct you not to attend the workplace, or direct you not to perform duties, at any time
during the notice period.

15.5 On termination of your employment for any reason, the Employee must return to Aldesta Heron
Island Pty Ltd all Confidential Information and property, documents and items related to the
Business of Aldesta Heron Island Pty Ltd.

15.6 You agree that any monies you owe to us upon termination of employment will be paid by you
immediately on termination of your employment, or that Aldesta Heron Island Pty Ltd may set-
off any debt, obligation or liability you owe to Aldesta Heron Island Pty Ltd against your
entitlements on termination to the extent permissible by law.

16 Suspension

16.1 Aldesta Heron Island Pty Ltd may direct the Employee not to attend the work premises, but to
be otherwise available to perform such duties as Aldesta Heron Island Pty Ltd may require, taking
into account the Employee’s existing roles and responsibilities.

16.2 Such a direction may be given in the context of a workplace investigation, Workplace Health &
Safety issue or at any other time at the discretion of Aldesta Heron Island Pty Ltd.

16.3 If Aldesta Heron Island Pty Ltd gives you such a direction, it will not be a termination of the
employment, and the terms and conditions of the employment will otherwise continue.

Lais Mendes_FT CommChef


16.4 If you are given such a direction, the Employee must provide telephone numbers and such other
contact information as is necessary to enable Aldesta Heron Island Pty Ltd to contact the
Employee.

16.5 The Company may stand you down without pay in accordance with s. 524 of the Fair Work Act
2009.

17 Medical Examination and Police Checks

17.1 You agree that the Company may require you to be examined by a medical practitioner should
the Company have concerns with respect to the Employee's ability to perform any of his duties
or responsibilities safely.

17.2 Should the Company request that you undergo a medical examination, you agree to comply with
such request.

17.3 Heron Island requires the holders of some positions to undertake a National Police check. This
is mainly where there is a requirement to hold a liquor licence, handle cash, or where the
position is identified as a potential security risk (e.g. working with vulnerable people).

17.4 During the recruitment process you were advised whether you were required to provide Heron
Island with the results of a National Police check. In circumstances where you are required to
produce National Police check results, your employment will be subject to the satisfactory
outcome of these results.

17.5 Heron Island reserves the right to require you to undergo additional National Police checks
during the employment relationship, at Heron Island’s discretion.

17.6 In certain locations at Heron Island it is a requirement to obtain a security clearance (e.g. ASIC
pass, etc) in order to work at the site.

17.7 In these circumstances, a security clearance is required to access the site and therefore is an
inherent requirement of your role. Your employment will therefore be subject to the satisfactory
outcome of the security check

18 Fit to Work

18.1 You must under no circumstances attend work having consumed alcohol and/or drugs, or
consume any alcohol and/or drugs while at work (unless the drugs are prescribed by a doctor,
and then only on the basis that you are certified fit for work). You agree that Aldesta Heron
Island Pty Ltd can request that you attend drug and/or alcohol testing or another medical
examination to establish that you are fit for work.

19 Workplace Bullying, Sexual Harassment and Discrimination

19.1 Aldesta Heron Island Pty Ltd is an equal opportunity employer and will not tolerate unlawful
discrimination, sexual harassment and/or bullying at its workplace.

19.2 You must at all times comply with and (to the extent reasonably practicable) ensure that
employees of Aldesta Heron Island Pty Ltd comply with anti-discrimination, sexual harassment
and bullying policies and procedures of Aldesta Heron Island Pty Ltd .

19.3 You must immediately notify your Supervisor as soon as you become aware of any unlawful
discrimination, sexual harassment and/or bullying in the workplace.

Lais Mendes_FT CommChef


20 Privacy

20.1 Throughout your employment, Aldesta Heron Island Pty Ltd may collect personal information
for various purposes including: human resources and management purposes to provide benefits
and remuneration and to facilitate performance appraisals and career development activities.

20.2 You consent to the provision of your personal information to Aldesta Heron Island Pty Ltd for
the above-referenced purposes and consent to the storage and release of your personal
information for such purposes.

20.3 You agree, in the course of your employment and after its termination for whatever reason, to
collect, use and disclose such personal information in accordance with the Privacy Act and any
similar law of a State or Territory, and Aldesta Heron Island Pty Ltd ’s privacy policy as amended
from time to time.

20.4 You must not, under any circumstances, disclose or use (including discussion(s) with colleagues
outside of the workplace) any personal and/or sensitive information to which you have access,
relating to any Client, Customer and/or other employee of Aldesta Heron Island Pty Ltd . You
are required to take all reasonable steps to protect all such personal information in your
possession against wrongful disclosure or misuse by any other person. This clause 20.4
constitutes a direction by Aldesta Heron Island Pty Ltd.

20.5 Breach of this clause 19 will constitute serious misconduct, and Aldesta Heron Island Pty Ltd may
end your employment in accordance with clause 15.3 of this Agreement.

21 Amendments
21.1 This Agreement shall not be changed or modified in any way after signing, except in writing
signed by the Company and the Employee.

22 Entire Agreement

22.1 This Agreement constitutes the entire Agreement of the parties in respect of the matters dealt
with in this Agreement and supersedes all prior Agreements, understandings and negotiations
in respect of the matters dealt with in this Agreement.

22.2 The Employee has been provided with the opportunity to obtain legal or financial advice prior
to signing the Agreement.

23 Governing Law

23.1 The laws applicable in Queensland govern this Agreement and the parties submit to the non-
exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals
from those courts.

We would like to take this opportunity to welcome you to Aldesta Heron Island Pty Ltd and wish you a
long and rewarding career with us.

Yours sincerely

Lais Mendes_FT CommChef


Rena Scott
General Manager
Aldesta Heron Island Pty Ltd
Date:1/11/2022

Acceptance
Lais de Oliveira Mendes
I, ………………………………………………………….. [print name] acknowledge that I have read and understand
the terms of this offer of employment, and I accept employment on these terms and conditions:

03/11/2022
Signature Date

Lais Mendes_FT CommChef


Schedule 1 – DETAILS OF EMPLOYMENT

Item Variable

1 Applicable Modern Award Hospitality Industry (General) Award 2020

2 Classification under the Modern Award Cook grade 3 (tradesperson) (wage level 4)

3 Start Date TBC.

4 Basis of Employment Salary

5 Position Commi Chef

6 Manager Head Chef or their designate


Heron Island Resort
7 Location

8 Ordinary hours per week 38 Hours per week plus reasonable


additional hours

9 Days of work Monday to Sunday inclusive as required by


the business

10 Salary 58464.90

11 Other Allowances Free - Accommodation - ONLY

Lais Mendes_FT CommChef


Lais Mendes_FT CommChef
Lais Mendes_FT CommChef

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