Free Australian casual employment contract template. Includes 25% casual loading clause, no firm advance commitment of work, and 2024 casual conversion provisions.
Fill in Your Details
Preview
Fill in all fields for a complete letter
CASUAL EMPLOYMENT CONTRACT
This Casual Employment Contract is made on [Start Date] between:
EMPLOYER: [Company Name] (ABN [Company ABN]) of [Company Address] ("the Employer")
EMPLOYEE: [Employee Full Name] ("the Employee")
1. NATURE OF EMPLOYMENT
The Employer engages the Employee on a casual basis as [Position Title] from [Start Date]. The Employee is engaged for each separate engagement only. There is no firm advance commitment to continuing or indefinite work and no expectation that the Employer will offer further work or that the Employee will accept any work offered.
2. APPLICABLE AWARD
This contract is governed by the [Applicable Award] (or successor instrument) and the National Employment Standards under the Fair Work Act 2009 (Cth). The Employee is engaged at the [Award Classification / Level] classification.
3. CASUAL LOADING
The Employee will be paid a casual hourly rate of [Casual Hourly Rate (incl. 25% loading)], which includes a 25% casual loading. The casual loading is paid in lieu of, and to compensate the Employee for, the entitlements that casuals do not receive (annual leave, personal/carer's leave, redundancy pay, paid public holidays not worked, and notice of termination). The casual loading is identifiable and separately quantifiable as 25% of the underlying base rate.
4. HOURS OF WORK
Engagement times will be confirmed by the Employer for each shift. Where the applicable award provides a minimum engagement period (typically three hours, but check the award), the Employee will be paid for at least that minimum each engagement.
5. SUPERANNUATION
The Employer shall pay superannuation contributions in accordance with the Superannuation Guarantee (Administration) Act 1992 (currently 12% of ordinary time earnings).
6. CASUAL CONVERSION
The Employee may give the Employer written notice under the employee choice pathway in the Fair Work Act 2009 (section 66AAB) that they wish to change to permanent employment, if the Employee has been employed for at least 6 months — 12 months where the Employer is a small business employer — and believes they no longer meet the definition of a casual employee. The Employer must consult the Employee and respond in writing within 21 days. Where the Employee would change to full-time or part-time without significant adjustment). The Employee may notify the Employer in writing requesting conversion under the Act.
7. TERMINATION
Either party may end this engagement at any time without notice, in accordance with the casual employment arrangements under the Fair Work Act 2009.
8. POLICIES
The Employee agrees to comply with the Employer's lawful and reasonable workplace policies including health and safety policies and any code of conduct.
9. CONFIDENTIALITY
The Employee will not disclose confidential information of the Employer or its customers, during or after engagement.
SIGNED by [Company Name]:
____________________________________ Date: ________________
SIGNED by [Employee Full Name]:
____________________________________ Date: ________________
Note: This casual contract relies on a clearly identifiable casual loading. If the loading is not identifiable on payslips, the casual classification may be challenged and the worker re-characterised as permanent. Pay slips must show the loading separately.
A template is a starting point. The process is what gets tested.
The Fair Work Commission looks at what you did, not what you sent. The advisor tailors this document to your award, your agreement and the facts, tells you the steps that have to happen around it, and cites the decisions behind the advice. 150 questions a month, cancel anytime.
Disclaimer: This template provides general information only and does not constitute legal advice. The content is based on the Fair Work Act 2009 and the National Employment Standards but may not reflect your specific circumstances, award, or enterprise agreement. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional before sending any workplace correspondence.