Date 27 May 2022

Purple Nike co Pty. Ltd.

Contract of Employment

of

Marie Kyle

[Link]
770 Industrial Street
5653 Bourke Street
Ballarat VIC 3350
Tel: 000000000
Fax: 03 98869123
admin2@[Link]
 Table of contents
The Parties .................................................................................................................................... 1
Background ................................................................................................................................... 1
Operative terms ............................................................................................................................. 1
Your title and your Line Manager ...................................................................................... 1
Your job description .......................................................................................................... 1
Your duties ....................................................................................................................... 1
Limit on your authority....................................................................................................... 2
Pre-employment conditions............................................................................................... 2
Commencement and term................................................................................................. 2
Your normal working hours ............................................................................................... 2
Your normal place of work ................................................................................................ 2
Relocation ........................................................................................................................ 3
Your pay ........................................................................................................................... 3
Superannuation ................................................................................................................ 3
Expenses ......................................................................................................................... 3
Leave ............................................................................................................................... 3
Public holidays.................................................................................................................. 3
Shut-down periods — compulsory annual leave ................................................................ 4
Parental leave................................................................................................................... 4
Your leave entitlements .................................................................................................... 4
Medical Assessment ......................................................................................................... 4
Limit on your other employment or activity ........................................................................ 4
Preserving confidentiality .................................................................................................. 4
Privacy ............................................................................................................................. 5
Copyright and intellectual property rights........................................................................... 5
Moral rights....................................................................................................................... 5
Your health and safety ...................................................................................................... 6
You resigning ................................................................................................................... 6
Termination ...................................................................................................................... 6
Employer may pay you in lieu of notice ............................................................................. 7
Termination without notice ................................................................................................ 7
Employment during notice period ...................................................................................... 7
Redundancy ..................................................................................................................... 7
Suspension....................................................................................................................... 8
Amounts owing ................................................................................................................. 8
Use and return of employer property ................................................................................. 8
Your Employer’s policies ................................................................................................... 9
Changing and replacing the contract ................................................................................. 9
Entire agreement .............................................................................................................. 9
Governing Law ................................................................................................................. 9
Definitions ...................................................................................................................... 10
Execution ....................................................................................................................... 12
Schedule 1 .................................................................................................................................. 13
The Parties
Purple Nike co Pty. Ltd. (ACN: 143 526 096) of 56 George Street, Parramatta, NSW 2150 (the
"Employer")
and
Marie Kyle of 56 George Street, Parramatta, NSW 2150 (the "Employee")

Background
A The Employer is to employ the Employee on the terms set out in this Contract.

Operative terms

Your title and your Line Manager

1 You are employed as manager. Your Line Manager is the Director, or any other person your
Employer nominates from time to time.

Your job description

2 Your Job Description sets out your role. The Job Description is attached at the back of this
document. However, from time to time, your Employer may also require you to carry out
additional or alternative duties to your normal job. If your Job Description, duties or reporting
structure changes, this Contract will continue to apply to your employment unless you and your
Employer:
2.1 enter a new written employment agreement; or
2.2 vary this Contract in writing.

Your duties
3 You must:
3.1 lawfully perform the Duties to your Employer’s satisfaction;
3.2 devote your whole time and attention to the Duties assigned to you during
normal business hours and any additional hours needed for the performance of
those duties;
3.3 be accountable to your Employer and carry out all lawful directions of your
Employer;
3.4 try to promote and develop your Employer's organisation and interests at all
times;
3.5 always follow your Employer's rules, policies and procedures as in force; and
3.6 always act with consideration for the needs of your colleagues and of your
Employer's customers.
4 You agree that the terms of any of your Employer’s rules, Policies and procedures are not
incorporated as terms of this Contract. However, you must abide by them because they are
lawful and reasonable directions of your Employer.

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Limit on your authority
5 You do not have authority to enter into any contracts or agreements on your Employer's behalf
— unless your Employer has given you relevant authority in advance.

Pre-employment conditions
6 The Employer’s offer of employment to you is subject to the following conditions:
6.1 you providing certified copies of all documents relating to your skills,
qualifications, memberships, registrations and/or licences, as required by the
Employer;
6.2 the Employer being satisfied with all background checks (which may include
reference checks with previous employers, academic qualification checks and
police record checks) relating to you; and
6.3 if required by the Employer, you providing proof to the Employer that you hold
all visas and meet the immigration requirements necessary to work in Australia.
7 If you do not meet the conditions in clause 6, to the Employer’s satisfaction by the
Commencement Date:
7.1 the Employer’s offer of employment lapses; or
7.2 if the Employer’s offer of employment has been accepted, this Contract of
Employment may be terminated by the Employer with immediate effect,
including after the Commencement Date,
without any liability to the Employer for payment or compensation to you.

Commencement and term

8 Your employment commences on the Commencement Date and continues until the
employment is terminated in accordance with this Contract.
9 The terms of this Contract apply to your employment on and from the Commencement Date.

Your normal working hours

10 Subject to any applicable Industrial Instrument, you will be required to work 38 hours per week
averaged over the maximum period permitted by law, plus reasonable additional hours as
required by your Employer without additional remuneration.
11 Because of the nature of your position, you acknowledge and agree that any additional hours
that you are required to work in excess of 38 hours per week are reasonable so far as they are
necessary for the full and proper performance of your duties under this agreement. Your Total
Remuneration includes all payment for any reasonable additional hours worked.

Your normal place of work

12 Your normal place of work will be at 56 George Street, Parramatta, NSW 2150.
13 You will not normally be expected to travel in Australia and overseas to perform your Duties.

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Relocation
14 Your Employer may need to alter your normal place of work to suit its business needs. It
agrees to discuss any significant change with you. It may request you to relocate residence if
doing so is necessary for you to perform your duties.
15 Your Employer agrees to pay any reasonable expenses associated with any relocation as long
as those costs are agreed to before they are incurred.

Your pay
16 Your total remuneration will be $10000 a year exclusive of superannuation, less applicable tax,
or as set out in the applicable Industrial Agreement, whichever is higher (Total Remuneration).
You will be paid in advance every month into the bank account nominated by you.

Superannuation
17 In addition to the Total Remuneration, your Employer will make the minimum contributions it is
required to make in order to avoid a charge under the Superannuation Guarantee Legislation.
18 Subject to applicable law, your Employer will make superannuation contributions into an eligible
fund of your choice. If you do not nominate an eligible superannuation fund, then your Employer
will pay the Superannuation on your behalf to 100.

Expenses
19 Your Employer will reimburse you for any reasonable and necessary out-of-pocket expenses
you spend in carrying out your duties — as long as:
19.1 your Employer has authorised you to incur the expense;
19.2 you have complied with your Employer’s requirements for incurring the
expenses; and
19.3 you produce evidence of the expenses in a form your Employer requires.

Leave
20 You are entitled to:
20.1 annual leave, personal/carer’s leave, compassionate leave, parental leave,
family and domestic violence leave, community service leave and public
holidays in accordance with the Fair Work Legislation and applicable laws; and
20.2 long service leave under the law applying in the state or territory in which you
are employed.
21 Annual leave and personal/carer’s leave will accrue on a pro rata basis.

Public holidays
22 You are entitled to public holidays in accordance with the declared public holidays in the State
or Territory in which you are employed.
23 Your Employer may request you to work on a public holiday, and you must work unless the
refusal to work is on reasonable grounds under applicable laws.

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Shut-down periods — compulsory annual leave
24 To the extent permitted by law, your Employer may require you to take annual leave at certain
times if the requirement is reasonable and complies with the Fair Work Legislation and any
applicable Industrial Instruments. The annual leave you take will be deducted from your annual
leave entitlement set out in clause 20.

Parental leave
25 You are entitled to unpaid parental leave in accordance with the Fair Work Legislation.
You are entitled to paid parental leave in accordance with the Paid Parental Leave Act 2010 or
any equivalent legislation, as replaced or amended.

Your leave entitlements

26 The leave entitlements in clause 20 are subject to the notice and evidence requirements of the
Fair Work Legislation and any applicable Industrial Instruments.
27 You may be entitled to additional leave in accordance with an applicable Industrial Instrument.

Medical Assessment
28 Your Employer may require you to be examined or assessed by a medical practitioner who is
nominated and paid for by your Employer. You must comply with any reasonable directions in
relation to any examination or assessment.
29 You authorise the medical practitioner to provide a written report of the examination to your
Employer.

Limit on your other employment or activity

30 During your employment, you must not without first having your Employer’s written approval,
engage in:
30.1 any other business or employment; or,
30.2 any activity that conflicts or is likely to conflict with the interests of your
Employer, the requirements of your position or the ability to perform your duties.
31 Your Employer will not consent to you doing the other work under clause 30 if the other work is
likely:
31.1 to have an adverse effect on your ability to do your job for your Employer.
31.2 to bring your Employer into disrepute.

Preserving confidentiality
32 During your employment, you will have access to and be trusted with information about your
Employer's organisation and about its dealings, transactions, finances, technology, products
and affairs. All of this information is, or may be, Confidential Information — as defined in
clause 76.
33 Both during and after your employment (except in the proper course of performing your Duties
as permitted or required by your Employer), you:

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 33.1 must not reveal to any person or entity external to your Employer any
Confidential Information;
33.2 must not seek to exploit or make use of any Confidential Information; and
33.3 must not copy the Confidential Information other than in the course of your
employment without the written approval of your Employer.
34 Both during and after your employment, you must use your best endeavours to keep secure and
prevent the disclosure of Confidential Information in your possession, power or control.
35 Your obligations in clauses 33 and 34 survive your termination of employment. Your Employer
may enforce them at any time.
36 You obligations in clauses 33 and 34 do not apply to information or knowledge which is, or
which becomes, available to the public — unless it does so as a result of any act or omission by
you.

Privacy
37 During your employment, you agree not to:
37.1 collect personal information from other people; or to
37.2 use or reveal personal information you have gained about other people,
unless doing so is in accordance with applicable privacy laws and your
Employer’s policies and is either:
37.3 necessary to perform the Employee’s Duties; or
37.4 authorised by your Employer.
38 You agree that to the extent permitted, and in the way allowed, by law, your Employer may
monitor your use of its communication systems (including telephone, facsimile, email and the
internet) and agree that your use of that system is not private.

Copyright and intellectual property rights

39 During your employment, you will be dealing with confidential information, designs, ideas,
processes and property which is, or may be Intellectual Property (as defined by clause 76).
40 While you are employed by your Employer, if you (alone or with others) create, write or design
any Intellectual Property in connection with your Duties, then you agree to assign all of your
rights and interests in that property to your Employer.
41 If you create the Intellectual Property outside normal business hours or using other premises or
equipment, then clause 40 continues to apply in full.
42 However, clause 40 will not apply to works that you have created, conceived, written or
designed outside your normal working hours if they are wholly unconnected with your
employment.
43 You agree to take all steps necessary or appropriate and to co-operate fully with your employer
to give effect to clause 40.

Moral rights
44 You acknowledge that under Part IX of the Copyright Act 1968 you hold moral rights in any
original work which you have created, conceived or designed including:

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 44.1 the right to retain credit for creating the work;
44.2 the right not to have the work credited by some other party; and
44.3 the right to integrity of authorship – that is, not to have the work subjected to
derogatory treatment.
45 You agree to any steps your Employer takes, or fails to take that infringe on your moral rights
granted to you under Part IX of the Copyright Act for any Works created during your
employment.
46 You agree that:
46.1 you understand the legal significance of giving this consent;
46.2 you freely and genuinely give your consent; and
46.3 you have not been misled by any other statement inconsistent with clauses 44
and 45.

Your health and safety

47 Your Employer will endeavour to take reasonable steps to ensure your health safety and
welfare while you are at work. You must take reasonable care of your own health and safety
and take care not to adversely affect the health and safety of others.
48 You must familiarise yourself with and comply with your Employer's policies and procedures
relating to health and safety.

You resigning
49 If you want to resign from your employment, then you need to give your Employer 15 days’
notice in writing.
50 Your employer may pay you in lieu of notice for all or any part of the notice period.

Termination
51 Your Employer may terminate your employment by giving you the longer of, the written notice
for the period required by any applicable Industrial Instrument or the written notice required
under the National Employment Standards as shown in this table:

Employee’s period of continuous service with the employer at the Period

end of the day that notice is given

Not more than a year One Week

More than one year but less than three years Two Weeks

More than three years but less than five years Three Weeks

More than five years Four Weeks

51.1 If you are over 45 and have completed two years of continuous service, then
under the Fair Work Legislation, you will be entitled to an additional week of
notice.

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Employer may pay you in lieu of notice
52 Your Employer may pay you a sum in lieu of notice for all or any part of the notice period.
53 The sum paid will be calculated at your full rate of pay for the hours you would have worked had
your employment continued until the end of the notice period.

Termination without notice

54 Your Employer may also terminate your employment immediately without either notice or a
payment in lieu of notice if:
54.1 you are charged with or found guilty of having committed any criminal offence
which in the reasonable opinion of your Employer may bring your Employer into
disrepute or seriously impair your ability to carry out your Duties; or
54.2 you are negligent in carrying out the Duties; or,
54.3 you commit an act of misconduct; or
54.4 you breach a term of this Contract; or
54.5 you fail or refuse to obey any reasonable and authorised instruction regarding
the performance of the Duties; or
54.6 you misuse the property of your Employer, commit an act of dishonesty or
fraud, breach the obligations of confidentiality or conflict of interest, or breach a
restrictive covenant;
54.7 you breach your Employer’s policies in relation to matters including
occupational health and safety, anti-discrimination or the use of electronic
equipment.

Employment during notice period

55 As long as your Employer pays you your pay, then during the notice period, or at any time
during your employment, your Employer may direct you:
55.1 not to perform any or all of the Duties;
55.2 to perform duties other than the Duties;
55.3 not to attend for work at your Employer’s premises;
55.4 to attend for work at a location other than agreed by this Contract; or
55.5 not to make contact with any employee, client, customer, supplier or other
person with whom the Employee may otherwise have contact in performing the
Duties.
Redundancy
56 You are entitled to redundancy pay in accordance with applicable laws, or as provided by any
applicable Industrial Instrument, whichever is greater.

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Suspension
57 At any time during your Employment, your Employer may suspend you with pay, where your
Employer considers that you may have committed an act or omission which may warrant
investigation, disciplinary action or the termination of employment.
58 Suspension under this clause does not break continuity of your employment for the purpose of
statutory entitlements.
Amounts owing
59 Immediately upon your employment ending, or at any time during your employment:
59.1 you agree that your Employer may set off any amounts that your Employer
owes to you, to the extent permitted by law;
59.2 you authorise and direct your Employer to withhold any amounts you owe to
your Employer from payment otherwise owed to you; and
59.3 you agree to pay your Employer any other amounts you owe to your Employer.

Use and return of employer property

60 You acknowledge that your Employer’s machinery and other equipment remain the property of
your Employer.
61 You agree to use this property only for the purpose of carrying out the Duties that have been
assigned to you by this Agreement, and in accordance with your Employer's policies in force at
the time.
62 If you use any of your Employer’s equipment or property, then you must take all reasonable
steps to maintain it in good condition and to prevent its loss or theft.
63 If through negligence you cause any damage to your Employer’s property or equipment, then
you agree:
63.1 you are responsible for the damage caused; and
63.2 your Employer may, subject to law, deduct these sums from any amount it owes
to you.
64 If your employment is ended or at an earlier request of your Employer, you must return:
64.1 all documents, records, Employer or customer information, keys, access
passes, phones, vehicles or computers of your Employer;
64.2 all documents and other media which contain Confidential Information (in hard
or electronic format); and
64.3 all other property of your Employer in your possession including duplicate
copies of documents or information whether in hard copy or electronic or other
format.
65 If your employment ends, then you must not delete, destroy, remove or alter any Employer
property data, including but not limited to, documents, records, Employer or customer
information, and Confidential Information.

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66 If your employment ends and you fail to return any property or equipment in your possession,
then your Employer may, subject to law, deduct the equivalent value from any amount it owes to
you.

Your Employer’s policies

67 Your Employer has various policies which apply to your employment. You must familiarise
yourself with these policies.
68 Where the policies place obligations on you, you must comply with them. Your Employer may
review, vary, add to or withdraw the policies from time to time in its absolute discretion.
69 To avoid doubt, the policies and any obligations of your Employer set out in them, do not form
part of this Contract and are not binding on your Employer.

Industrial Instruments
70 If an Industrial Instrument applies to your employment, then:
70.1 it applies as a matter of law and does not form part of this employment contract;
70.2 your Total Remuneration is in satisfaction of all entitlements under the Industrial
Instrument, including any overtime, loadings, allowances or penalty rates which
may be owed to you under the Industrial Instrument;
70.3 any entitlement under the Industrial Instrument is calculated by reference to the
applicable rate of pay in the Industrial Instrument; and
70.4 if there are any changes to the entitlements in clause 70.3 then the Total
Remuneration is applied to and absorbs those changed entitlements.

Changing and replacing the contract

71 This Contract may only be replaced by a document signed and approved by you and your
Employer.
72 You and your Employer may only make changes to this Contract if you both agree in writing to
do so.

Entire agreement
73 This Contract:
73.1 contains the entire agreement between you and your Employer about your
employment; and
73.2 will take priority over all previous agreements between you and your Employer
about your employment.
74 Any previous negotiations, understandings, representations, warranties and commitments
relating to or affecting your employment are of no effect, because this Contract replaces them.

Governing Law
75 This agreement is governed by the laws of Victoria and subject to the jurisdiction of the courts in
Victoria.

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Definitions
76 In this agreement:

Confidential Information means any confidential information relating to the business of your
Employer or any related entity that comes to your knowledge and includes without limitation:
a) financial, budgetary, marketing, research and business plan information;
b) client, supplier and distributor lists and information;
c) the terms of any contract, agreement or business arrangement with third
parties;
d) trade secrets, licences, know-how, Intellectual Property and related information;
e) third party information disclosed in confidence; and
f) any other information considered by your Employer to be confidential,
but does not include information in the public domain without breach by you of
the terms of this Contract or any other person bound by similar confidentiality
obligations.
Commencement Date means 27 May 2022.
Designs means any design within the meaning of the Designs Act 2003.
Duties means your duties and responsibilities set out in Schedule 1 of this Contract.
Fair Work Legislation means the Fair Work Act 2009 or any equivalent legislation, as replaced
or amended from time to time.
Industrial Instrument includes a modern award, an award, an enterprise agreement, or any
agreement made under such documents that applies to your employment.
Intellectual Property includes, but is not limited to:
a) any Confidential Information of your Employer;
b) the Works, or the Designs, or the Patents, or the Trademarks – defined under
clause 76;
c) any processes, formulae, technology, systems, reports, drawings,
specifications, software, blue-prints, patents, patent applications, discoveries,
inventions, improvements, trade secrets, technical data, research data, know-
how, logos, registered and unregistered trademarks and service marks,
registered and unregistered designs, design rights, copyright and similar
industrial or intellectual property rights.
Patents means patents, patent applications, patented processes and patented products within
the meaning of the Patents Act 1990.
Superannuation Guarantee Legislation means applicable Australian legislation governing the
payment by employers of compulsory superannuation contributions on behalf of their
employees (currently, the Superannuation Guarantee Charge Act 1992 and the Superannuation
Guarantee (Administration) Act 1992).
Trademarks means any trade name, brand name, common law trade mark or trademark within
the meaning of the Trade Marks Act 1995.
Works means a work as defined in Part IX of the Copyright Act 1968.

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77 By signing this document, you confirm that you have read, understood and agreed to all of it,
including the Schedule.

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Execution

The common seal of

Purple Nike co Pty. Ltd. ACN 143526096,
was affixed in accordance with section 127(2)
of the Corporations Act 2001 (Cth) in the
presence of:

James Parker, sole director and sole

company secretary

Signed by
Marie Kyle:

Signature of employee

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Schedule 1

Job Description – Marie Kyle

Job Title manager

Reporting to the Director or any other person your Employer nominates from time to time.

Main duties and responsibilities

Managing Team

This Job Description is not exhaustive.

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