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🇦🇺 Australia · HR & staff

Casual Employment Contract

Written casual employment contract fixing "no firm advance commitment" — the primary evidence of genuine casual status under the new statutory definition in s 15A of the Fair Work Act 2009, plus the mandatory 25% casual loading.

All templates
Country
🇦🇺 Australia
Category
HR & staff
Language of the text
EN
Version
1

⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.

This template has no optional clauses: the text is the same for everyone. Field placeholders are shown as labels — on the site the template is read-only, values are entered inside the system.

Document

CASUAL EMPLOYMENT CONTRACT

This Contract is made between Employer name (ABN Employer ABN), the "Employer", and Employee name, the "Employee", engaged as a casual employee from Start date.

1. NATURE OF ENGAGEMENT 1.1. The Employee is engaged as a casual employee. Consistent with section 15A of the Fair Work Act 2009 (as amended by the Fair Work Legislation Amendment (Closing Loopholes) Acts), there is NO firm advance commitment to continuing and indefinite work according to an agreed pattern, and the Employer makes no such commitment by entering into this contract. 1.2. Award/classification: Award & classification level.

2. PAY AND CASUAL LOADING 2.1. Base hourly rate: Base hourly rate (before loading), plus a casual loading of Casual loading (%)% in lieu of paid annual leave, personal/carer's leave, and other entitlements that accrue to permanent employees.

3. OFFER AND ACCEPTANCE OF SHIFTS 3.1. Shifts offered by agreement, right to refuse 3.2. Minimum engagement per shift: Minimum engagement per shift (hours) hours, consistent with the applicable award.

4. NO GUARANTEE OF HOURS 4.1. No guarantee of ongoing or regular hours

5. INFORMATION STATEMENT AND CONVERSION RIGHTS 5.1. Casual Employment Information Statement (CEIS) & conversion pathway 5.2. The Employee may be entitled to notify the Employer that they believe they no longer meet the definition of a casual employee and wish to convert to full-time or part-time employment ("employee choice pathway"). The Employer must respond in writing within 21 days after consulting the Employee, under section 66AAC of the Fair Work Act 2009.

6. ENDING THE ENGAGEMENT 6.1. Either party may end this casual engagement at any time by not offering or not accepting further shifts, subject to any applicable award terms.

⚠️ Misclassifying what is really a firm, ongoing employment relationship as "casual" risks back-pay claims for accrued leave and a conversion order through the Fair Work Commission — the actual pattern of work, not just this document, determines casual status.

SIGNATURES Employer ______________ / on behalf of Employer name / Employee ______________ / Employee name /

— — — ⚠️ This is a boilerplate template, not legal advice. Australian workplace, consumer-protection, food safety, and work health & safety law combines uniform federal rules (Fair Work Act 2009, the National Employment Standards, the applicable Modern Award, the Australian Consumer Law) with state- and territory-specific rules that this template flags with ⚠️ but does not resolve for you — have it reviewed and adapted by a lawyer before use, check the current Fair Work Ombudsman resources at fairwork.gov.au (including free official templates and the P.A.C.T. pay calculator), and confirm the Modern Award classification and minimum pay rate in force on the date of use (rates change every 1 July).

Fields of the document

Fields that belong to a switched-off clause are dimmed — they are not asked for.

  • Employer nametextrequiredautomatic
  • Employer ABNtextrequired
  • Employee nametextrequiredautomatic
  • Award & classification levelchoicerequired
  • Base hourly rate (before loading)amountrequired
  • Casual loading (%)numberrequired

    Standard casual loading is 25%, compensating for the absence of paid leave entitlements

  • Shifts offered by agreement, right to refuselong textrequired

    Must reflect "no firm advance commitment to ongoing work" — the s 15A test looks at the real pattern of the relationship, not just this clause

  • Minimum engagement per shift (hours)numberrequired

    Award minimum engagement is commonly 2 hours (hospitality) or 3 hours (retail) — check the applicable award

  • No guarantee of ongoing or regular hourslong textrequired
  • Casual Employment Information Statement (CEIS) & conversion pathwaylong textrequired

    Must be given at engagement and reissued periodically; explain the employee choice pathway to convert to permanent employment

  • Start datedaterequired

In Cenaly this template fills itself in

2 of 11 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.