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NO.

1 RIVERSIDE QUAY PTY LTD: NATIONAL COLLECTIVE ENTERPRISE


AGREEMENT FOR RETAIL OPERATIONS 2007-2009

Table of Contents

1 NAME OF AGREEMENT ........................................................................................ 2


2 DEFINITIONS ........................................................................................................... 2
3 APPLICATION OF AGREEMENT .......................................................................... 2
4 COMMENCEMENT AND TERM OF AGREEMENT ............................................ 2
5 PROBATIONARY / QUALIFYING PERIOD.......................................................... 2
6 TYPES OF EMPLOYMENT .................................................................................... 2
7 HOURS OF WORK/ROSTER ARRANGEMENTS ................................................ 2
8 MEAL BREAKS ....................................................................................................... 3
9 WAGE RATES AND ALLOWANCES .................................................................... 3
10 HOW WAGES ARE TO BE INCREASED .............................................................. 3
11 OVERTIME ............................................................................................................... 4
12 ABANDONMENT OF EMPLOYMENT ................................................................. 4
13 LEAVE PROVISIONS .............................................................................................. 5
14 PUBLIC HOLIDAYS ................................................................................................ 6
15 EMPLOYEE DUTIES ............................................................................................... 7
16 PROPERTY OF THE COMPANY ........................................................................... 7
17 CONFIDENTIAL INFORMATION.......................................................................... 7
18 TERMINATION ........................................................................................................ 8
20 REDUNDANCY ........................................................................................................ 9
21 SUPERANNUATION ............................................................................................... 9
22 DISPUTE RESOLUTION PROCEDURE................................................................. 9
23 PROVISION RELATING TO ANTI-DISCRIMINATION .................................... 10
24 WORKPLACE ARRANGEMENTS ....................................................................... 11
25 EXPRESS EXCLUSION ......................................................................................... 12
SIGNATURES OF THE PARTIES ........................................................................................................ 13
APPENDIX A......................................................................................................................................... 14

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AGREEMENT FOR RETAIL OPERATIONS 2007-2009

1 NAME OF AGREEMENT

This Agreement shall be known as the No. 1 Riverside Quay Pty Ltd National Collective
Enterprise Agreement for Retail Operations 2007-2009.

2 DEFINITIONS

2.1 Employer means No. 1 Riverside Quay Pty Ltd ACN 006 639 097.

2.2 Employee means an employee bound by this Agreement.

3 APPLICATION OF AGREEMENT

This Agreement is binding on the Employer and its employees throughout Australia
appointed in writing to the classification of Customer Service Representative.

4 COMMENCEMENT AND TERM OF AGREEMENT

This Agreement shall commence on the day it is lodged with the Workplace Authority
Director and has a nominal expiry date of 1 October 2009.

5 PROBATIONARY / QUALIFYING PERIOD

5.1 This clause only applies to new employees.

5.2 Employees shall be on probation for the first three (3) months of engagement.
During this period the Employer will monitor the Employees work performance.

5.3 The Employer may terminate an Employees employment at any time and for any
reason during the probationary period by giving one days notice.

5.4 This clause does not vary the qualifying period of employment in s.643 of the
Workplace Relations Act 1996 (Cth).

6 TYPES OF EMPLOYMENT

6.1 Employees may be engaged as a full time or part time employee.

6.2 Full-time Employee means an employee who is employed on an ongoing weekly


basis and whose ordinary hours of work are, on average, 38 hours per week and
who is appointed in writing as a full-time employee.

6.3 Part-time Employee means an employee who is employed on an ongoing weekly


basis whose ordinary hours of work are, on average, less than 38 hours per week.

7 HOURS OF WORK/ROSTER ARRANGEMENTS

7.1 Employees will be rostered according to the needs of the business, having regard
to employees personal circumstances including their family responsibilities.
Shift rosters shall be arranged by the Employer Monday through Sunday inclusive,
comprising any combination of day, afternoon and night shifts.

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7.2 Ordinary hours may be worked over any day of the week, Monday to Sunday
inclusive, and shall be arranged by the Employer to meet business requirements.

7.3 Ordinary hours of work shall not exceed an average of 38 hours per week,
averaged over a given two week cycle, although the actual hours worked may vary
from week-to-week (with some weeks greater than 38 hours and other weeks less).
The maximum ordinary hours in any one shift shall be twelve (12).

7.4 The roster cycle shall be notified by the Employer in writing, in advance.

7.5 The ordinary hours of work shall be worked as follows:

7.5.1 Day work - Any shift commencing on or after 5am and before 12 noon.

7.5.2 Afternoon shift Any shift commencing after 12 noon and no later than
6pm.

7.5.3 Night shift Any shift commencing after 6pm and prior to 5am.

7.5.4 Weekend work Any shift commencing at any time after 12 noon on a
Saturday and finishing any time prior to 5am Monday.

7.6 The ordinary hours worked by a part time Employee may be reduced or increased
on two (2) weeks notice or by mutual agreement between the Employer and
employee.

8 MEAL BREAKS

8.1 An employee shall not be required to work more than five hours without a meal
break.

8.2 Meal breaks shall be of 20 minutes duration and are counted as time worked.

8.3 During a meal break, Employees are expected to maintain customer service in
accordance with the needs of the business.

9 WAGE RATES AND ALLOWANCES

9.1 The ordinary time hourly rate of pay varies depending on the shift type and when
the work is performed.

The ordinary time hourly rates of pay are set out at Appendix A.

9.2 The pay week will be from Monday to Sunday. Wages will be paid by fortnightly
electronic funds transfer into a bank account nominated by the Employee. It is the
Employees obligation to provide the correct bank details to the Employer and
advise the Employer promptly if there are any changes to those details.

9.3 Employees who hold first aid qualifications who are appointed in writing to
perform first aid duties will be paid an allowance of $12.50 per week.

10 HOW WAGES ARE TO BE INCREASED

The hourly rates set out in Table 2 of Appendix A will be reviewed annually by the Employer
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taking into account the performance of the business, any movements in the Consumer Price
Index and to ensure that the Employer meets its legal obligations in relation to any relevant
determination by the Australian Fair Pay Commission.

11 OVERTIME

11.1 Where the Employee works more than 12 hours in one shift or 76 hours in a two
week period he or she will be entitled to be paid at overtime rates.

11.2 Overtime rates vary depending on when the overtime is worked:

Overtime worked on a Sunday or on a public holiday is paid at double the


Employees ordinary time rate of pay;

Overtime at any other time is paid at time and one half of the Employees
ordinary time rate of pay for the first 3 hours of overtime worked and
double time thereafter, provided that overtime worked on each day stands
alone.

11.3 An Employee required to work overtime on a Sunday or on a public holiday shall


be afforded at least 3 hours work or be paid for 3 hours at the appropriate overtime
rate.

11.4 Time off in lieu of payment for overtime may be provided if an Employee so elects
and is agreed to by the Employer. Time off in lieu is on the basis of one and a half
hours off for each hour of overtime worked and will be taken at a time mutually
agreed between the Employee and Employer within 28 days of when the overtime
was worked. Time off in lieu requests must be made in writing to the Employees
Store Manager within 48 hours of when the overtime was worked.

11.5 Where an Employees employment is terminated and their accrued time off
entitlement has not been taken, the entitlement will be paid out at the rate at which
it was accrued.

11.6 Overtime rates are not payable to an Employee in circumstances where:

The overtime arises from an arrangement made between employees


themselves and not at the request of the Employer; or

The Employee has elected to take time off in lieu of payment for overtime
and the Employees election has been agreed to by the Employer.

12 ABANDONMENT OF EMPLOYMENT

If an Employee is absent from work for a rostered day/shift without the consent of the
Employer or without notification to the Employer, the Employee shall be deemed to have
terminated his or her employment without notice, unless the Employee was unable, through
no fault of his/her own, to notify the Employer.

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13 LEAVE PROVISIONS

13.1 Payment for leave

All leave entitlements shall be paid at the rate of pay for day work set out in
Appendix A.

13.2 Annual Leave

13.2.1 Annual leave shall be provided in accordance with the Workplace


Relations Act 1996 (Cth).

13.2.2 An Employee is entitled to accrue an amount of paid annual leave, for


each completed 4 week period of continuous service with the Employer,
of 1/13 of the number of nominal hours worked by the Employee for the
Employer during that 4 week period. [E.g. An employee whose nominal
hours worked for a 12 month period were 38 hours per week would be
entitled to 152 hours of paid annual leave, which would be the equivalent
of 4 weeks leave.]

13.2.3 Annual leave accrues on a pro rata basis and each month an Employee is
credited with the amount of annual leave accrued since the Employer last
credited accrued annual leave to the Employee.

13.2.4 Annual leave is cumulative.

13.2.5 Annual leave loading of 17.5% shall be payable on any approved leave
taken by an Employee in accordance with this clause. This payment shall
be made on the anniversary of appointment. The full time hourly day
work rate will be used as the base rate for the leave loading calculation for
all employees.

13.3 Long Service Leave

Long Service Leave shall be provided for in accordance with the relevant State
legislation.

13.4 Sickness, Carers, Parental and Compassionate Leave

Entitlements shall be in accordance with the Workplace Relations Act 1996 (Cth).
This includes:

13.4.1 Personal leave (sick/carers leave): ten (10) days paid leave per year for
full time employees, and a proportionate amount for part time employees.

13.4.2 Parental leave (maternity, paternity or adoption leave): 52 weeks unpaid


leave where the Employee is full-time, part-time, or an eligible casual
employee within the meaning of the Workplace Relations Act.

13.4.3 Compassionate leave up to three (3) days paid leave per occasion.

13.5 Jury Service

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Where required to attend for jury service during ordinary working hours an
Employee is entitled to be reimbursed the difference between the amount paid in
respect of attendance for jury service and the ordinary time that would have
otherwise been worked.

14 PUBLIC HOLIDAYS

14.1 In this clause, a public holiday means:

(a) each of these days:

New Years Day (1 January);


Australia Day (26 January);
Good Friday;
Anzac Day (25 April);
Christmas Day (25 December);
Boxing Day (26 December); and

(b) A day that, under (or in accordance with a procedure under) a law of a State
or Territory, is substituted for a day referred to in paragraph (a); and

(c) Any other day declared by or under a law of a State or Territory to be


observed generally within the State or Territory, or in a region of that State
or Territory, as a public holiday by people who work in that State, Territory
or region.

14.2 An employee is entitled to a day off on a public holiday, without loss of pay,
subject to sub-clauses 14.3 and 14.4.

14.3 The Employer may request an employee to work on a particular public holiday.

14.4 The Employee may refuse the request (and take the day off) if the Employee has
reasonable grounds for doing so. In determining whether an employee has
reasonable grounds for refusing a request to work on a public holiday, regard must
be had to:

(a) the nature of the work performed by the employee; and

(b) the type of employment (for example, whether full-time, part-time, casual or
shift work); and

(c) the nature of the employers workplace or enterprise (including its


operational requirements); and

(d) the employees reasons for refusing the request; and

(e) the employees personal circumstances (including family responsibilities);


and

(f) whether the employee is entitled to additional remuneration or other benefits


as a consequence of working on the public holiday; and

(g) whether a workplace agreement, award, other industrial instrument, contract


of employment or written guideline or policy that regulates the employees
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employment contemplates that the employer might require work on public


holidays, or particular public holidays; and

(h) whether the employee has acknowledged or could reasonably expect that the
employer might require work on public holidays, or particular public
holidays; and

(i) the amount of notice in advance of the public holiday given by the employer
when making the request; and

(j) the amount of notice in advance of the public holiday given by the employee
in refusing the request; and

(k) whether an emergency or other unforeseen circumstances are involved; and

(l) any other relevant factors.

14.5 If the Employee works on a public holiday, he/she shall be paid the rates specified
in Appendix A for all hours worked on the public holiday.

15 EMPLOYEE DUTIES

Duties of a Customer Service Representative are set out by the Employer in the Role Profile,
Policies and Procedures, process tools and training materials and may be varied to take
account of changed operational practice or business needs.

16 PROPERTY OF THE COMPANY

16.1 Employees are required to take all reasonable care in the use of Company property
and to protect any company property in their care.

16.2 On termination of employment or upon request to do so, an Employee must return


in good condition (subject to fair wear and tear) any property in his or her
possession belonging to the Employer. This includes uniforms, in accordance with
the provisions of clause 24.3.

17 CONFIDENTIAL INFORMATION

17.1 Employees acknowledge that in the course of their employment, they may come
into possession of confidential information including documents, records, trade
secrets or any other confidential information belonging to the Company as well as
personal information relating to other employees (Confidential Information).

17.2 Employees must treat all Confidential Information of, or relating to, the Company
as strictly confidential and not disclose any Confidential Information to any
person, firm, company or other body unless previously and expressly authorised in
writing by the Employer.

17.3 Employees must hold all transactions, records and information pertaining to the
business of the Company in strict confidence, both during the period of
employment and also after its termination.

17.4 Employees will not use or attempt to use any Confidential Information in any
manner and for any purpose other than the purpose of the business of the
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Employer.

17.5 Nothing in this Agreement prevents an Employee from discussing any of the terms
and conditions of this Agreement with any other person.

18 TERMINATION

19.1 Except in the case of probationary employees, either party may terminate
employment at any time by giving the other party the required period of notice
specified below:

19.2 Notice of termination period shall be:

19.2.1 By the Employer:

Years of Year 1 Years 2 -3 Years 4 - 5 Over 5


Service Years

Required 1 week 2 weeks 3 weeks 4 weeks


Notice

Employees 45 years and over who have completed at least two (2) years'
continuous service with the Employer will receive one (1) additional weeks
notice.

The Employer may make payment in lieu of part or all of the notice period.

19.1.2 By an Employee:

One (1) weeks' notice in writing or such other period as agreed by the
parties.

19.1.3 Nothing in this Agreement affects the Employers right to dismiss an


Employee without notice for serious misconduct and in such case the
Employee shall only be entitled to be paid for the time worked up to the time
of dismissal.

19.1.4 The Employer may terminate the employment of an Employee on probation


by giving the Employee 1 days notice of termination.

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20 REDUNDANCY

20.1 An Employees job is considered to be redundant if the Employer has made a


definite decision that the job is no longer required and will not be done by any
person.

20.2 The Employer will consult with employees likely to be affected by a redundancy
situation, and where possible will attempt to obtain redeployment opportunities for
affected employees.

20.3 If an Employee has received notice of termination due to redundancy, the


Employee may terminate his or her employment during the period of notice, and
shall be entitled to the same redundancy payment had he or she remained until the
expiry of such notice. However, the Employee shall not be entitled to payment in
lieu of notice.

20.4 Severance Pay

In addition to the period of notice prescribed in clause 19 - Termination, the


Employee shall also be entitled to the following severance pay in the event that his
or her employment is terminated by reason of redundancy:

Service Severance Payment

Less than 1 year Nil


1 year and up to completion of 2 years 4 weeks pay
2 years and up to completion of 3 years 6 weeks pay
3 years and up to completion of 4 years 7 weeks pay
4 years and over 8 weeks pay

20.5 Nothing in this clause shall require the Employer to disclose information that may
harm the Employers business undertaking or the Employers interest in carrying on,
or disposition of the business undertaking.

20.6 The provisions of this clause will not apply where a lease or franchise under which
the Company operates is terminated through no fault of the Company and without
notice or with insufficient notice to comply with these provisions.

20.7 The entitlement to severance pay is sub-clause 20.4 does not apply if an offer of
acceptable alternative employment is made to the Employee.

21 SUPERANNUATION

Superannuation contributions will be paid in accordance with the legislated Superannuation


Guarantee rate. Contributions will be paid into an approved Fund nominated by the
Employee. In the absence of a nomination by the Employee, contributions will be paid into
Australian Super.

22 DISPUTE RESOLUTION PROCEDURE

22.1 The objective of this procedure shall be to promote the resolution of disputes by
measures based on consultation, co-operation and discussion, to reduce the level of
industrial confrontation, and to avoid interruption to the performance of work and the

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consequential loss of production and wages.

22.2 The aim of all parties involved in a grievance matter is to resolve the issue by
addressing it promptly and in an effective manner and where possible, at the workplace
level.

22.3 In the event of a dispute or grievance the following procedure shall be followed:

22.3.1 The Employee is to raise the matter with their immediate Supervisor/Assistant
Store Manager/Store Manager (if dispute is with Store Manager, approach the
Area Manager).

22.3.2 If the dispute or grievance remains unresolved, then the Employee shall refer
the matter to the Area Manager.

22.3.3 If matter is not resolved at the workplace level, either party may refer the
matter for mediation to be conducted by a person agreed between the parties.

22.3.4.If the parties cannot reach agreement as to who should conduct the mediation,
either party may refer the matter to the Australian Industrial Relations
Commission for mediation in accordance with Part 13 of the Workplace
Relations Act 1996 (Cth).

22.4 At any stage the Employee may elect to raise the grievance directly with the BP
Retail Human Resources Department.

22.5 While a dispute is being resolved the Employee must:

(a) continue to work in accordance with his or her contract of employment


unless the Employee has a reasonable concern about an imminent risk to his
or her health or safety; and

(b) comply with any reasonable direction given by the Employer to perform
other available work, either at the same site or at another site of the
Employer.

In directing an Employee to perform other available work, the Employer must have
regard to the provisions of any applicable occupational health and safety law and
whether that work is appropriate for the Employee to perform.

22.6 A party will not be prejudiced in the final settlement by the continuation of work in
accordance with this clause.

22.7 The parties must co-operate, ensuring that these procedures are carried out
expediently.

23 PROVISION RELATING TO ANTI-DISCRIMINATION

23.1 The parties to this Agreement agree that:

23.1.1 it is their intention to achieve the principal object in paragraph 3(m) of the
Workplace Relations Act, which is to respect and value the diversity of the
workforce by helping to prevent and eliminate discrimination at their

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enterprise on the basis of race, colour, sex, sexual preference, age, physical
or mental disability, marital status, family responsibilities, pregnancy,
religion, political opinion, national extraction or social origin;

23.1.2 any dispute concerning these provisions and their operation will be
progressed initially under the dispute resolution procedure in this
Agreement;

23.1.3 nothing in these provisions allows any treatment that would otherwise be
prohibited by anti-discrimination provisions in applicable Commonwealth,
State or Territory legislation; and

23.2 nothing in these provisions prohibits:

23.2.1 the payment of junior rates of pay;

23.2.2 any discriminatory conduct (or conduct having a discriminatory effect) that
is based on the inherent requirements of a particular position; or

23.2.3 any discriminatory conduct (or conduct having a discriminatory effect) if:

(i) the employee is a member of staff of an institution that is conducted


in accordance with the doctrines, tenets, beliefs or teachings of a
particular religion or creed; and

(ii) the conduct was in good faith to avoid injury to the religious
susceptibilities of that religion or creed.

24 WORKPLACE ARRANGEMENTS

24.1 Induction, Training and Personal Development

24.1.1 It is compulsory that all new employees successfully complete within the
Companys specified time period all induction requirements.

24.1.1 New employees are required to attend up to ten (10) safety & security
induction/training sessions prior to commencing their first shift. Payment
for attendance at induction/training sessions will be at the relevant day work
rate. This requirement may change from time to time based on business
needs.

24.1.2 As part of the Employers commitment to personal development, and to meet


changing business needs, it is a requirement that the Employee attend and/or
successfully complete training programs from time to time. The Employer
will meet the cost of all training programs and attendance shall be paid at the
relevant day work rate. The Employer will endeavor to arrange the training
at convenient times.

24.2 Staff Meetings

General staff meetings, at which attendance is compulsory under this Agreement, will
be held as deemed appropriate (no greater than four (4) per year).

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Attendance at compulsory staff meetings will be paid at ordinary time day work rates.

24.3 Corporate Workwear

Employees are required to wear corporate workwear as defined from time to time by
the business. Responsibility for the care and laundering of such workwear rests with
the Employee. Clothing supplied by the Employer remains the property of the
Employer and is to be returned upon termination of employment.

All corporate workwear must be worn and kept in accordance with Company
standards.

24.4 Time and Attendance

Employees are required to be ready to commence their designated shift at rostered


time.

Employees must accurately record their start and finish times using the Companys
designated time and attendance system.

24.5 Information

Employees are expected to be aware of and comply with all Company, store and staff
communications and sign their acknowledgement as required.

25 EXPRESS EXCLUSION

This Agreement expressly excludes and overrides all Protected Award Conditions and
Protected Notional Conditions that would otherwise apply to Employees in accordance with
s.354 or clause 52 of Schedule 8 of the Workplace Relations Act 1996 (Cth), including terms
about:

(a) rest breaks;


(b) incentive based payments and bonuses;
(c) annual leave loadings;
(d) observance of public holidays or payment in respect of those days;
(e) days to be substituted for public holidays;
(f) monetary allowances for;
(i) expenses incurred in the course of employment;
(ii) responsibilities or skills that are not taken into account in rates of pay
for employees;
(iii) disabilities associated with the performance of work in particular
conditions or locations;
(g) loadings for overtime or shift work; and
(h) penalty rates.

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SIGNATURES OF THE PARTIES


This Employee Collective Agreement is made under the Workplace Relations Act 1996, between;

No. 1 Riverside Quay Pty Ltd (ABN 29 006 639 087)


(Employer)
and

(Employee)

Date:

Signatures:

FOR THE EMPLOYER:

Signed: ..

Name in full (printed): ..

Position: ...

Address: .

Explanation of the persons authority to sign the workplace agreement::

Witnessed by (signed): ..

Witness Name in full (printed): ..

Address of Witness: .

A REPRESENTATIVE OF THE EMPLOYEES:

Signed: ..

Name in full (printed): ..

Address: .

Explanation of the persons authority to sign the workplace agreement:

Witnessed by (signed): ..

Witness Name in full (printed): ...

Address of Witness: .

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APPENDIX A

Wage Rates

Table 1 Junior Rates

Age of Employee Percentage of applicable base hourly wage rate in Table 2


16 years or under 47.5 %
17 years 50.0 %
18 years 62.5 %
19 years 75.0 %
20 years 87.5%

Table 2 Adult Rates

Classification Day work Afternoon Night Shift Weekend Public


Shift Work Holiday Work
per hour per hour per hour per hour per hour
Customer $15.35 $18.10 $20.00 $23.00 $30.65
Service
Representative

Note: - Guaranteed of basic periodic rates of pay

Employees are to be paid in accordance with tables 1 and 2 above, provided that each
employee must be paid a basic periodic rate of pay (in accordance with s.182 of the
Workplace Relations Act 1996 (Cth)) for each of the employees guaranteed hours (pro
rated for part hours) that is at least equal to the basic periodic rate of pay that is
payable to the employee under their Australian Pay and Classification Scale.

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NO. 1 RIVERSIDE QUAY PTY LTD: NATIONAL COLLECTIVE ENTERPRISE


AGREEMENT FOR RETAIL OPERATIONS 2007-2009

Attachment: 2016 - 2017 Wage Rates


Effective as of 4 July 2016

Table 1 Junior Rates

Age of Employee Percentage of applicable base hourly wage rate in Table 2


16 years or under 47.5 %
17 years 50.0 %
18 years 62.5 %
19 years 75.0 %
20 years 87.5%

Table 2 Adult Rates

Classification Day Afternoon Night Shift Weekend Public


work Shift Work Holiday
Work
per hour per hour per hour per hour per hour
Customer $19.56 $20.73 $22.73 $27.93 $37.25
Service
Representative

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