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Employment Agreement (Casual)

This Employment Agreement (Casual) is suitable for casual employees in any industry. This agreement is essential when hiring new casual employees for your business.

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4.6 (237 reviews)

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Last updated January 15, 2025

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Under 5 minutes

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Suitable for Australia

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Written by

Edwin Montoya Zorrilla

Reviewed by

Damin Murdock

Document Overview

Casual employment is a type of employment in which an employee’s working hours and employment status are liable to change at short notice. They work on a “casual basis”. This document allows you to offer casual employment and document the terms of such employment to ensure clarity as well as safeguard your business from any future disputes.

This Employment Agreement can sometimes be referred to as:

  • Employment Contract
  • Job Agreement (Casual)
  • Casual Contract
  • Casual Employment Agreement

What is Casual Employment?

A casual employee may have regular hours or may only work when required to. Either way, casual employment involves little commitment from the employer or employee.

A casual employee tends to be paid a higher hourly rate through casual loading than a part time employee or full time employee.

However, unlike a more permanent employee, a casual employee will not be paid for :

  • personal leave;
  • sick leave;
  • annual leave;
  • carer's leave;
  • compassionate leave ; or
  • community service leave.

According to the National Employment Standards (NES) outlined in the 2009 Fair Work Act, casual employees are entitled to the modern award rate of pay when it comes to their minimum wage.

Changes to Fair Work Act and Disclaimer

In order to appropriately provide remuneration to employees, you, as the business, will need to meet the requirements and obligations set out in the Employment Agreement. As the employer you cannot rely on previous payment cycles to specify entitlements.

The Legal Risk Score of a Employment Agreement (Casual) Template

Our legal team have marked this document as medium risk considering:

  • The document allows the employer to unilaterally change the nature of the employee's role, duties, and reporting lines, which could lead to unexpected job responsibilities or a shift in career trajectory.
  • The document specifies that the employer's policies are binding but clarifies that these policies do not form part of the employment contract, which might lead to confusion or misunderstandings about the enforceability of such policies.
  • Employment legislation closely regulates casual work and there are penalties to using casual employment to deny an employee the entitlements they would have from full-time work.
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Employment Agreement (Casual) Checklist

Complete your free Employment Agreement (Casual) with our checklist

Review and Understand the Terms

Ensure that you thoroughly understand every clause and how it impacts your rights and obligations within the employment relationship.

Sign and Return the Document

Sign the document to indicate your acceptance and return a signed copy to the employer as instructed to formalize the employment agreement.

Document Storage

Keep a copy of the signed document in a safe place for your records to refer back to in case of any disputes or clarifications needed in the future.

Notify Relevant Parties

Inform any necessary parties, such as your bank for salary deposits or your HR department for record-keeping, about the commencement of your new role as outlined in the agreement.

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What’s the difference between part time and casual employment?

Although Part Time and Casual Employment may look similar in that they both work less hours than someone on a full time contract, they are very different. Part Time employees, similar to Full Time employees, have leave entitlements such as paid sick leave and annual leave. Casual employees have no such rights, and any leave taken is usually unpaid (although they tend to be paid a higher hourly rate). Casual employment can also be terminated by an employer or employee at any time without notice.

Amendments to the Fair Work Act in 2021 now mean that employees who are employed on a casual basis now have the right to request a Part Time contract after 12 months. An employer can only refuse if there are ‘reasonable business grounds’ to do so.

Use this Employment Agreement (Casual) where:

  • You are hiring a casual employee;
  • You want to formalise your employment arrangement with a casual employee;
  • You want to safeguard yourself from any future disputes;
  • You want to make your expectations and obligations for the role clear to a new employee and in their best interests.

What does the Employment Agreement (Casual) cover?

  • Job title and position;
  • General terms and conditions;
  • Payment (hourly rate - weekdays, weekends, public holidays) & payment bank account;
  • Ordinary hours of work;
  • Superannuation contributions; and
  • Termination of employment.

Further information

Other documents you may need:

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