Exhibit 10.1


 


 


 


Curragh
Queensland Mining Pty Ltd


 


 1 July 2020


 


PRIVATE AND CONFIDENTIAL


 


Gerhard Ziems


c/o: gziems@gmail.coml


 


Dear Gerhard,


 


I
am pleased to offer you full-time employment in the position of Group Chief Financial Officer with
Curragh Queensland Mining Pty Ltd (CQMPL) (“the Company”).


 


Your employment under the terms of this
letter and the attached Contract of Employment will start on or before 13 July 2020, unless otherwise agreed.


 


Attached to this letter is your Contract
of Employment which further details the terms and conditions of your employment. This letter and the attached Contract of Employment
will together form your terms of employment. These supersede all prior discussions, negotiations, understandings and agreements.


 


All employees of the Company are required
to adhere to Company policies, procedures and guidelines although these do not form a part of your Contract of Employment. You
must ensure that you are familiar with the contents of the Company’s policies, procedures and guidelines as are current or
updated from time to time.


 


I trust that your association with the
Coronado Global Resources Group will be rewarding, both personally and professionally and look forward to your contribution to
the success of our operations.


 


Should you have any queries concerning
this offer or the terms and conditions of your employment, please do not hesitate to contact me on 07 3031 7626.


 


To accept this offer of employment please
return a signed and dated copy of this Letter of Offer, together with a signed and dated copy of the attached Contract of Employment
to Dianne Rogers (drogers@curragh.com.au)
by Monday 6 July 2020.


 


Yours sincerely


 


	/s/ Emma Pollard	 



 


Emma Pollard


Vice President People & Culture
 


	Curragh Queensland
        Mining Pty Ltd

        ABN 55 095 450
        418
	Private
    Mail Bag

    Blackwater QLD 4717	T
    +61 7 4986 9211

    F +61 7 4986 9327


 


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I have read, understand, agree to and accept
all the terms and conditions that apply to my employment with the Company as outlined in this Letter of Offer and related documents,
including the attached Contract of Employment. I confirm that the payment amounts which I receive under the Contract of Employment,
satisfies any obligations on the Company to pay to me any entitlements to which I may otherwise be entitled under an industrial
instrument or law.


 


	Signed: 	/s/Gerhard Ziems	 	Date: 	7 July 2020
	 	 	 	 
	 	Gerhard Ziems	 	 



 


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Contract of Employment 


 


This contract of employment (“Contract”)
confirms the express contractual terms and conditions of employment between Curragh Queensland Mining Pty Ltd (“the Company”)
and the employee (“the Employee” or “you”).


 


Commencement and Location of Employment


 


Unless agreed otherwise, your appointment
to this position will commence on or before 13 July 2020.


 


Your employment with the Company will continue
until terminated by either party in accordance with the terms of this Contract.


 


Your position will be based in Brisbane,
however you may be required by the Company to work at other locations (on a temporary or permanent basis) to perform the inherent
requirements of your position. The Company may require you to travel within the state, interstate or overseas to perform your duties.


 


You may be required to transfer to other
positions and locations with the Company or the Coronado Global Resources Group (“Coronado Group”), subject
to appropriate consultation and notice.


 


Role and Reporting Structure


 


The
Company will employ you in the role of Group Chief Financial Officer.
The position currently reports to the President & Chief Executive Officer (Leader).
You will report to the Leader or as otherwise directed by the Company.


 


Probation Period


 


You will be employed initially on a probationary
basis for a period of six [6] months. During that time either you or the Company may terminate your employment, without reasons
being given, on one week's notice in writing. If the Company ends your employment during this period, it may end your employment
immediately and pay you one week's pay in lieu of notice.


 


At the end of the probation period, your
performance will be reviewed and if satisfactory, your ongoing employment with the Company will be confirmed. If your performance
during this period is unsatisfactory, your employment may be terminated in accordance with this clause.


 


Duties


 


During your employment you must:


 


		(a)	during your working hours and at other times as reasonably necessary, devote your whole time, attention
and ability to the business of the Company;



 


		(b)	serve the Company and perform your duties diligently, honestly and faithfully;



 


		(c)	exercise and carry out all duties required of you within your skills and competence;



 


		(d)	follow all lawful and reasonable directions and instructions given to you by the Company;



 


		(e)	not, without the prior written consent of the Company, directly or indirectly engage in any other
employment or in any other activity (whether paid or unpaid) which may conflict with your duties as an employee of the Company
or may adversely affect the reputation of the Company or the Coronado Group (and 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 Contract);



 


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		(f)	notify the Company immediately if any interest or obligation arises which may be inconsistent with
your obligations to the Company or which may adversely affect the reputation of the Company;



 


		(g)	comply with any direction from the Company to take all necessary action to remove any conflict
(whether direct or indirect) (and you acknowledge that in some circumstances a serious conflict may justify the termination of
your employment);



 


		(h)	promote the interests and welfare of the Company, and not act in any way which may harm or prejudice
the reputation and goodwill of the Company or the Coronado Group; and



 


		(i)	as lawfully required by the Company, perform work for any other member or members of the Coronado
Group.



 


You must perform the duties reasonably
associated with your position. The Company may vary your duties and responsibilities from time to time or assign you additional
duties and responsibilities as may be directed by the Company or your Leader. In particular, you may be required to perform any
duties in any area of the operation, subject to your competence and any safety and statutory requirements. You may also be requested
to train to become competent in new skills as required by the Company.


 


If your position, duties or reporting structure
change, this Contract will continue to apply to your employment unless you and the Company enter a new written employment contract
or vary this Contract in writing.


 


Hours of Work


 


Your ordinary hours are in accordance with
the NES, during the Company’s ordinary business hours, and reasonable additional hours in accordance with the Company’s
operational requirements. 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 per week are reasonable so far as they are necessary for the full and proper
performance of your duties under this Contract. Your remuneration includes compensation for this.


 


Your hours of work may be averaged over
a period of up to six months.


 


You acknowledge and agree that you will
comply with any time recording requirements as notified by the Company from time to time.


 


Total Employment Cost


 


You will be paid on a total employment
cost (TEC) basis. Your initial TEC is $780,000 (less applicable tax) per annum (inclusive of superannuation).


 


Your TEC is made up of the following components:


 


		(a)	Cash salary:



 


Your cash salary will be the amount
remaining after deducting from your TEC the amounts for Company superannuation contributions paid by the Company for your benefit,
and any other pre-tax deductions nominated by you. Your cash salary, net of tax and authorised deductions, will be paid no less
frequently than on a monthly basis by electronic funds transfer into bank account/s nominated by you.


 


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		(b)	Superannuation:



 


The Company will make compulsory
superannuation guarantee contributions, on your behalf, up to the quarterly maximum contribution required under the Superannuation
Guarantee (Administration) Act 1992 (Cth). Superannuation guarantee contributions are included as part of your TEC.


 


By agreement with the Company,
you may choose to make additional voluntary contributions to your chosen fund.


 


If you do not nominate a superannuation
fund, contributions payable on your behalf will be directed to the Company’s default superannuation fund. A Choice of Fund
form can be returned at any time and future contributions will be made to your nominated fund.


 


You consent to the provision of
your personal information, including any health information, between the Company and the superannuation fund and their service
providers. This information is necessary to facilitate the provision of benefits in the course of your employment and for the management
of the fund.


 


Your TEC is in full recognition of the
requirements of the role and the hours of work necessary to perform the role. Unless otherwise specified in this Contract, your
TEC includes compensation for all entitlements, benefits or payments that you may be otherwise entitled to, including under any
applicable industrial instrument or legislation. This includes, but is not limited to:


 


		·	minimum weekly wages;
		·	allowances;
		·	overtime;
		·	penalty rates;
		·	shift loadings;
		·	annual leave loading; and
		·	any other loadings or penalties.



 


Accordingly, 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 is entitled to apply:


 


		·	any over-industrial instrument payments
or other benefits provided for in this Contract, or paid to you in excess of minimum statutory or industrial instrument entitlements,
in satisfaction of any industrial instrument entitlements or other entitlements to which you are, or become, entitled;
		·	overpayments for any entitlement in any
pay period against another entitlement or pay period.



 


For avoidance of doubt, your annual remuneration
should not be regarded as an annualised wage arrangement under any applicable industrial instrument.


 


Incentive Arrangements


 


You may be eligible to participate in incentive
arrangements offered by the Company or Coronado Group from time to time. Details of these arrangements will be provided to you
separately, and do not form a part of this Contract.


 


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Relocation Assistance


 


Reasonable costs associated with relocating
your furniture and personal effects may be borne by the Company in accordance with Company policy.


 


Annual Leave


 


You will be entitled to annual leave in
accordance with the applicable legislation. Currently, full time employees are entitled to 4 weeks annual leave per annum. You
are required to apply for annual leave at least 4 weeks prior to your first day of intended leave, or such shorter period as may
be agreed with your Leader. Annual leave approved by your Leader and taken during employment will be paid based on your usual rate
of pay.


 


Annual leave is to be taken within 12 months
of accruing. If you do not take the leave within this period, the Company may direct you to do so upon giving you one month's notice
(without limiting the Company’s rights at law).


 


You and the Company may agree in writing
for you to cash out an amount of paid annual leave in accordance with statutory requirements.


 


On termination of employment, you will
be paid for any accrued and untaken annual leave based on your usual rate of pay.


 


Long Service Leave


 


You are entitled to long service leave
in accordance with applicable legislation.


 


Other Leave


 


You are entitled to personal/carer’s
leave, parental leave, compassionate leave, community service leave and family and domestic violence leave in accordance with applicable
legislation.


 


Public Holidays


 


Public Holidays will be those declared
as public holidays in the state or territory in which you work. Although you are not normally required to work on public holidays
(and will be entitled to paid leave), you may be requested, and you will not unreasonably refuse, to work on a public holiday in
order to perform your duties and meet the operational requirements of the Company, compensation for which is included in your remuneration.


 


Medical Assessments


 


The Company may, from time to time at its
discretion, require you to undergo an independent medical assessment by a doctor or other health professional(s) nominated
by the Company.


 


You consent to the doctor or health professional
releasing the results of that assessment to the Company. The Company will keep this information confidential and the Company will
only use it to assess your ability to perform your duties or meet the Company’s work health and safety obligations, which
may result in the Company taking action including, but not limited to:


 


		·	requiring you to return to work;
		·	requiring you to leave, or remain away
from work, for a period of time; or
		·	ending your employment.



 


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The above requirement is separate to, and
in addition to, any requirement for a health or medical assessment under applicable legislation.


 


Guarantee of Annual Earnings


 


This clause, and the Company’s undertaking
in this clause, only applies if at any time during your employment your remuneration package (inclusive of salary and the value
of non-monetary benefits) exceeds the high income threshold as defined in the Fair Work Act 2009 (Cth).  If your remuneration
exceeds the high income threshold, for the purpose of section 330 the Fair Work Act 2009 (Cth), the Company undertakes that
it will pay you your remuneration package set out in this Contract or a variation to this Contract (inclusive of salary and the
value of non-monetary benefits), for a period of at least 12 months.  As a result, the modern award you are covered by will
not apply to your employment for the period during which this undertaking operates. By entering into this Contract, you accept
this undertaking and the amount of your annual remuneration package.


 


This undertaking will continue until the
earlier of your employment with the Company ending; you accepting a new undertaking from the Company; or you and the Company agreeing
to revoke this undertaking.


 


This undertaking does not affect the rights
of either you or the Company to end the employment relationship in accordance with the termination provisions set out in this Contract.


 


Compliance with Company Policies and
Procedures


 


During your employment you are required
to comply at all times with all Coronado Group’s policies and procedures as varied or introduced from time to time.


 


It is your obligation to familiarise yourself
with current policies and procedures that are relevant to your employment and to comply at all times with such policies and procedures.
The Coronado Group’s policies and procedures operate independently of this Contract and are not incorporated into this Contract
and are not binding on the Coronado Group or the Company.


 


The Coronado Group reserves the right to
amend, revoke, introduce or replace its policies and procedures at its discretion.


 


Occupational Health and Safety


 


You must comply with all occupational health
and safety systems and requirements that are relevant to your work. You must attend to your work safely, take all reasonable care
and notify your Leader if you become aware of any workplace risks. You must not create a potential safety risk to yourself or others
in the course of your employment.


 


Privacy


 


You consent to the Company collecting,
storing, using and disclosing your personal and health information for any lawful purpose relating to your employment, and to the
Company transferring your personal and health information outside Queensland and Australia in the course of its business activities.


 


You also consent to the Company disclosing
your personal and health information to third parties for any lawful purpose relating to your employment. These persons include
the Australian Tax Office or other government agencies, related entities, superannuation fund trustees and administrators, contractors,
bankers, insurers, medical, rehabilitation or occupational practitioners, laboratory analysts, investigators, financial and legal
advisers, potential purchasers on sale of business, law enforcement bodies and regulatory authorities.


 


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Confidential Information


 


“Confidential Information” means any information
which is confidential and not in the public domain (unless in the public domain because of a breach of confidentiality), including,
but not limited to:


 


		·	technical information relating to the
Coronado Group, including its operations, products and services;
		·	all information concerning the Coronado
Group, its methods of operating, marketing and other activities;
		·	information concerning the Coronado Group’s
customers or clients or prospective customers or clients;
		·	personal information about officers, employees
or contractors engaged by the Coronado Group;
		·	the Coronado Group’s policies, procedures,
handbooks, manuals and forms; and
		·	competitive and financial information
concerning the Coronado Group not in the public domain.



 


During your employment with the Company
you will have access to or may become acquainted with Confidential Information.


 


You must not use or disclose Confidential
Information, except


 


		(a)	for the purpose of and to the extent necessary to properly perform your duties; or



 


		(b)	where disclosure of specific Confidential Information is required to comply with any applicable
law; or



 


		(c)	the use or disclosure of the Confidential Information is agreed by the Company in writing.



 


You must immediately notify the Company
of any suspected or actual unauthorised use, copying or disclosure of Confidential Information.


 


You agree that upon termination of your
employment for any reason you will return to the Company all of the Confidential Information that you have in your possession.


 


Your obligations under this clause continue
after your employment ends.


 


Intellectual property


 


For the purpose of this clause:


 


Work means any invention, discovery,
design, improvement, formula, process, technique, literary or artistic work, or any other item in which Intellectual Property Rights
subsist or are capable of subsisting and is wholly or partly created, made or discovered by you either:


 


		(a)	during your employment (whether or not during ordinary
working hours); or



 


		(b)	otherwise using the facilities, resources, time, Confidential Information or any other opportunity
provided by the Company, or the broader Coronado Group.



 


Intellectual Property Rights means
all existing and future rights, which may be protected by copyright, patent, design, trademark or other registration or other forms
of protection in Australia or elsewhere.


 


Moral Rights includes the right
to be identified as the author of the work, the right not to have any other person identified as the author of the work and the
right of integrity of authorship (as defined in the Copyright Act 1968 (Cth)).


 


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The Work and all Intellectual Property
Rights in the Work will belong absolutely to the relevant company or companies within the Coronado Group and you agree to do all
things necessary and execute any document required to give effect to this ownership.


 


You must immediately and fully disclose
to the Company any Work created, contributed to, made or discovered by you during your employment.


 


You consent to any act or omission by the
Company or the Coronado Group which would otherwise infringe or breach any Moral Rights you may have in any Work made by you in
the course of employment.


 


You also agree that this consent and waiver
extends to any licensees and successors in title to the Company or relevant company within the Coronado Group in respect of such
Works, as well as to any persons who are authorised by the Coronado Group or by its licensees and successors in title to do acts
comprising the copyright of such Works.


 


You agree to execute any further document
necessary to give effect to this. If you do not comply with such a request by the Company within 7 days, you authorise the Company
(or any persons authorised by the Company) to do all things and execute all documents necessary to give effect to that request
on your behalf.


 


For the avoidance of doubt, your obligations under this clause
continue after your employment ends.


 


Termination of Employment


 


Either party may terminate your employment
by giving the other party three [3] months’ written notice (or other greater period if required by law). If you are over
45 years old and have completed more than 2 years continuous service, the notice period will be increased by one week where the
Company gives you notice of termination. If notice of termination is given to you, the Company may, at its discretion, make a payment
in lieu of notice for all or part of the notice period or require you to work for all or part of the notice period.


 


If you or the Company gives notice ending
your employment, the Company may direct you at any time during the notice period:


 


		·	not to attend work; or
		·	not to perform all or part of your duties;
or
		·	perform duties that you have the necessary
skills and competence to perform which are different to your normal duties; or
		·	cease contact with the Company’s
clients, customers or suppliers.



 


In the event that you end your employment
without giving the specified period of notice, you agree to pay the Company an amount equal to your total remuneration for the
balance of the notice period not served.  You agree that this amount is a genuine pre-estimate of the loss the Company is
likely to suffer as a result of the failure to give the specified period of notice.


 


The Company may terminate your employment
immediately without notice or payment in lieu of notice if you:


 


		(a)	engage in any serious or wilful misconduct including by committing any wilful, serious or persistent
breach of your terms and conditions of employment or any Company policy, procedure or guideline or by serious negligence in the
performance of your duties;



 


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		(b)	engage in any other conduct (either at work or otherwise) which in the reasonable opinion of the
Company is likely to affect adversely the reputation of the Company or the Coronado Group and/or render you unsuitable for employment
by the Company; or



 


		(c)	are convicted of an offence punishable by imprisonment; or



 


		(d)	commit any other act that would justify summary dismissal at law.



 


If your employment is terminated for any
of the above reasons, the Company will pay you up to the day of termination only.


 


Suspension


 


Without limiting the Company’s right
to terminate your employment without notice in the circumstances set out above, the Company may suspend you from duty with pay,
or direct you to perform work in a different position, at any time during the term of your employment, including but not limited
to in circumstances where the Company forms the view that your conduct, capacity or performance may warrant serious disciplinary
action (including ending of your employment). If the Company suspends you from duty, it may appoint someone else to your role for
the period of suspension.


 


Retrenchment Benefits


 


In addition to the above notice period,
if your employment is terminated by the Company due to redundancy you will be entitled to receive retrenchment benefits in accordance
with applicable legislation as advised to you and amended from time to time.


 


Directorship


 


The Company may request you to become a
director of the Company or any of its Related Bodies Corporate (as defined by the Corporations Act 2001 (Cth)) without any
additional remuneration and the benefits under this Contract are in part consideration of you agreeing to become a director.


 


Should you agree to become a director of
the Company or any of its Related Bodies Corporate, on termination of your employment:


 


		(a)	you must resign all directorships held as a consequence of the employment, as directed by the Company;



 


		(b)	you irrevocably appoint the Company Secretary of the Company, or any other person nominated by
the Board, as your agent to execute any documents on your behalf; and



 


		(c)	you acknowledge and agree that you have no entitlement to any compensation for loss of office.



 


You agree
to resign as a director if the Chairperson or the Company requires you to do so.


 


Your obligations
under this clause survive the end of your employment with the Company.


 


Compliance and approvals


 


The exercise of, or compliance with, any
discretion, right or obligation under this Contract is subject to any required board or shareholder approvals, any necessary regulatory
consent (being the consent of any entity or governmental body that has statutory or other powers over corporations) and compliance
with the Company’s (and each Coronado Group company’s) constitution, and all applicable laws.


 


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This clause has effect regardless of any
other provision of this Contract.


 


Company Property


 


Upon the cessation of your employment you
will return to the Company or an authorised officer of the Company:


 


		(a)	all originals and copies in any form (including but not limited to computer data) of all books,
records and documents relating to your duties, functions and responsibilities as an employee of the Company or its business affairs
(including customer lists and details); and



 


		(b)	all other things belonging to the Company (including but not limited to keys, security cards and
passes, corporate credit cards, mobile phones, copies of documents and computerised information).



 


Your obligations under this clause continue after your employment
with the Company ends.


 


Set Off


 


Immediately on your employment ending or
at any other time requested by the Company, you:


 


		(a)	agree to pay to the Company all amounts you owe to it or a related entity (for example, amounts
such as personal expenses incurred on a Company mobile telephone, or amounts owing for Company funded study assistance) or any
amounts mistakenly paid to you such as an overpayment;



 


		(b)	authorise and direct the Company to deduct or withhold unpaid amounts from monies otherwise owed
to you during employment or upon termination of employment; and



 


		(c)	acknowledge that if you fail to repay any monies owing to the Company, including any amounts paid
to you by mistake, the Company may demand and enforce the recovery of such monies as a debt immediately due and payable by you
to the Company.



 


Post-Employment Restrictions


 


‘Confidential Information’ has the meaning
given in the clause of this Contract entitled “Confidential Information”.


 


‘Competitive Business’ means any business
that is competitive with or substantially similar to the Company or the Coronado Group during the period of 6 months preceding
the End Date or during the Restricted Period.


 


‘End Date’ means the date on which your employment
with the Coronado Group ends.


 


‘Entity’ means an individual, company, partnership,
joint venture (whether corporate or incorporate) or any other body (whether corporate or incorporate).


 


‘Prescribed Position’ means:


 


		1	a position as employee, director, secretary, company
officer, agent, contractor, consultant or adviser of any Entity;



 


		2	a partner, shareholder or member of any Entity; and



 


		3	acting as any of the persons referred to in items 1 and 2 of this definition.



 


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‘Restricted Area’ means:


 


		1	Any country where the Coronado Group has operations, including at the date of this Contract the United States of America and
Australia; or failing that



 


		2	The United States of America and Australia; or failing that



 


		3	Australia; or failing that



 


		4	Queensland and New South Wales; or failing that



 


		5	Queensland.



 


‘Restricted Period’ means:


 


		1	the period of 12 months starting on the End Date; or failing that



 


		2	the period of 6 months starting on the End Date; or failing that



 


		3	the period of 3 months starting on the End Date; or failing that



 


		4	the period of 1 months starting on the End Date.



 


Inducing directors, employees or contractors
to leave the Coronado Group


 


You must not (whether directly or indirectly)
during the Restricted Period and in the Restricted Area, encourage, induce or attempt to encourage or induce any director, officer,
employee or contractor of the Coronado Group, with whom you had work related dealings during the 12 months preceding the End Date,
or about whom you have, or have had, Confidential Information about in respect of their engagement with the Coronado Group, to
terminate his or her engagement with the entity within the Coronado Group which engages them, whether or not that person would
commit a breach of that person’s contract of engagement.


 


Persuading the Coronado Group’s
customers or suppliers to cease or reduce business


 


You must not (whether directly or indirectly)
during the Restricted Period and in the Restricted Area, solicit, canvass or approach any person or entity who was:


 


		(a)	a customer, client, agency or supplier of the Coronado Group with whom you had work-related dealings
during the 12 months immediately preceding the End Date or about whom you have, or have had, Confidential Information; or



 


		(b)	a potential customer, potential client, potential agency or potential supplier of the Coronado
Group with whom, or in respect of whom, you had work-related dealings during the 12 months preceding the End Date or about whom
you have, or have had, Confidential Information,



 


with a view to:


 


		(c)	obtaining the custom or business of any such person or entity for your benefit or the benefit of
any other person;



 


		(d)	persuading any such person or entity to cease doing business with the Coronado Group; or



 


		(e)	persuading any such person or entity to reduce the amount of business which the person or entity
would normally do, or otherwise would have done, with the Coronado Group.



 


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Competing with the Coronado Group


 


You agree that you will not (whether directly
or indirectly and in any position including a Prescribed Position), during the Restricted Period and in the Restricted Area, carry
on, be employed by, or engaged in or otherwise interested in any Competitive Business:


 


		(a)	for purposes of performing duties or providing services which are the same as or similar to those
you provided to the Coronado Group at any time within the 12 months immediately prior to the End Date; or



 


		(b)	in a position in which you can use Confidential Information to gain an advantage for a Competitive
Business or cause detriment to the Coronado Group.



 


Priority of restrictions


 


You agree that you intend the restrictions in this clause (‘Post-Employment
Restrictions’) to operate to their maximum extent. However, should a court consider it necessary to reduce the extent of
a restriction, the parties intend that any reduction should be made to the Restricted Area before any reductions are made to the
Restricted Period.


 


Consent


 


The restrictions in this clause (‘Post-Employment
Restrictions’) do not apply in circumstances where you have obtained the Company’s prior written consent.


 


Restrictions reasonable and inclusive


 


You agree that:


 


		(a)	you will obtain Confidential Information during your employment, the disclosure of which could materially harm the Coronado
Group;



 


		(b)	the restrictions in this clause (‘Post-Employment Restrictions’) are reasonable and necessary for the protection
of the Coronado Group’s Confidential Information and goodwill;



 


		(c)	you intend the restrictions to operate to the maximum extent;



 


		(d)	damages may be inadequate to protect the Coronado Group’s interests and the Coronado Group is entitled to seek and obtain
injunctive relief, or any other remedy, in any court;



 


		(e)	the restrictions are separate, distinct and several, so that the unenforceability of any restriction does not affect the enforceability
of the other restrictions;



 


		(f)	consideration for these restraints is included in your remuneration; and



 


		(g)	despite anything in this clause (‘Post-Employment Restrictions’), for the purposes of this clause (‘Post-Employment
Restrictions’), a “substance over form” approach is intended to be taken as to whether the conduct prohibited
by this clause (‘Post-Employment Restrictions’) occurred in the Restricted Area. For example, the provisions in this
clause will apply if you solicit an employee located inside the Restricted Area but you take the relevant action (e.g. make a telephone
call or send an email to that employee) from a location outside the Restricted Area.



 


Modification of restrictions


 


If the restrictions in this clause (‘Post-Employment Restrictions’):


 


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		(a)	are void as unreasonable for the protection of the Coronado Group’s interests; and



 


		(b)	would be valid if part of the wording was deleted or the period or area was reduced,



 


the restrictions will apply with the modifications necessary
to make them effective.


 


Obligations continue


 


Your obligations under this clause (‘Post-Employment Restrictions’)
survive the ending of your employment.


 


Entitlement to Work in Australia


 


You warrant that you are legally able to
reside and work in Australia and you acknowledge that your employment with the Company is conditional upon you being able to legally
reside and work in Australia at all times.


 


Should your entitlement to work in Australia
change you are required to advise the Company immediately. If you are unable to provide confirmation of your current (and updated)
entitlement to work in Australia this offer of employment will be withdrawn or your employment with the Company will end.


 


Reference and Background Checks


 


This offer of employment with the Company
is made to you on the understanding that the information you provided to the Company during the recruitment process is accurate
and complete. You must update or provide to the Company any material information which may impact your employment under this Contract,
which may change or arise at any time prior to the commencement of or during the course of your employment. The omission of any
relevant information, or the provision of false or misleading information, may result in withdrawal of your offer of employment
or disciplinary action being taken against you (including termination).


 


To ensure the integrity of the recruitment
process, the Company requires all new employees to undergo reference and background checking. Accordingly, you acknowledge and
accept that:


 


		•	this Contract is conditional upon the satisfactory completion of the reference and background checks
set out below. If the Company is not satisfied with the results of any of any of the following checks, it may withdraw this offer
of employment made to you; and



 


		•	the Company may carry out the following checks on you to determine your suitability for the position:



 


		•	reference check with previous employers;



 


		•	academic qualification check; and/or



 


		•	criminal record check.



 


General


 


		(a)	This Contract and the letter of offer states all of the express terms of the agreement between
the parties in relation to your employment and supersede all prior discussions, negotiations, understandings and agreements with
respect to your employment by the Company. These terms may only be modified by an agreement in writing signed by both parties.



 


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		(b)	Any notice to be given under these terms and conditions must be given in writing and may be given
either personally or by registered mail. Any notice you are required to provide must be handed to your Leader or mailed addressed
to the Company’s mailing address. If the Company is required to provide you with notice, it will be either handed to you
or addressed to you at your last known place of residence.



 


		(c)	In this Contract, a reference to:



 


		(i)	legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate
legislation issued under it;



 


		(ii)	a policy or other document is to that policy or document as amended, supplemented, replaced or
novated; and



 


		(iii)	the “Coronado Group” includes a reference to any member of the Coronado Group.



 


		(d)	Any provision of this Contract which is unenforceable or partly unenforceable is, where possible,
to be severed to the extent necessary to make this Contract enforceable, unless this would materially change the intended effect
of this Contract.



 


		(e)	These terms and conditions and your employment referred to in this Contract will be governed by
the laws of Queensland.



 


Acceptance of Contract


 


By signing this Contract, you are acknowledging
that:


 


		(a)	you have not relied on any representations regarding your employment made by the Company (or its
agents or employees) other than matters expressly set out in this Contract;



 


		(b)	you have been given an opportunity to obtain advice concerning its contents and effect; and



 


		(c)	you have read and understand the contents of this Contract and the letter of offer and your obligations.



 


	Signed: 	/s/Gerhard Ziems	 	Date: 	7 July 2020	 
	 	 	 	 	 
	 	Gerhard Ziems	 	 	 



 


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