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Casual Employment Agreement

Casual Employment Agreement

$155.00
Taxes included.
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Lawyer-reviewed | Guidance notes | Reuseable

A fully drafted casual employment contract for Australian businesses, built around the current statutory definition of "casual employee," the 25% loading, and the employee choice conversion pathway.

OVERVIEW

A general Casual Employment Agreement for Australian businesses. This is a general-purpose casual employment agreement designed to work across a broad range of roles and industries. Drafted with reference to the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and the Work Health and Safety Act 2011 (Cth), this template is built around three concepts every employer needs to understand when engaging casual staff. First, the statutory definition of a casual employee (in short, someone engaged with no firm advance commitment to ongoing, regular work, meaning there's no guarantee of continuing shifts or a set pattern of hours).

Second, the 25% casual loading (an extra 25% added on top of the base hourly rate, paid to casuals instead of entitlements like paid annual leave and paid personal leave that only permanent employees receive). Third, the employee choice conversion pathway (the process that allows a long-term regular casual to formally request to move to permanent employment, and sets out how an employer must respond).

Delivered as an editable Word (.docx) document available for instant download, the agreement is written in plain English and includes built-in guidance notes flagging the items you need to check or confirm before finalising it, such as the applicable Modern Award and the correct casual loading rate.

As a general-purpose template, this agreement covers the core terms required for the great majority of casual roles. As specific entitlements, and the correct casual loading rate, can vary by industry, occupation, and Modern Award, you should check whether a Modern Award or enterprise agreement applies to your employee and review the completed agreement against it before issuing, and seek independent legal advice if you are unsure.
WHAT THIS TEMPLATE COVERS

  • Casual engagement basics: appointment, pre-employment conditions, and the statutory casual employee definition acknowledged by both parties
  • Nature of casual engagement: no guaranteed hours or pattern, each engagement treated as a separate period of employment, right to accept or decline offered shifts
  • Employee warranties: accuracy of information, right to work, no conflicting obligations
  • 25% casual loading: clause explaining what it compensates for, and confirming it does not absorb entitlements casuals still receive under the NES (such as paid family and domestic violence leave)
  • Duties and hours: as-needed rostering, no minimum hours guarantee
  • Outside work and conflicts of interest: restriction on other paid or unpaid work that could conflict with the engagement, and a duty to disclose conflicts
  • Pay: hourly rate provisions, penalty rates and allowances (paid separately, not absorbed by the loading), lawful deductions only
  • Superannuation: Superannuation Guarantee contributions and fund nomination
  • Bonus and incentive payments: discretionary bonus framework, with eligibility conditional on having accepted at least one shift in the relevant period
  • Leave entitlements available to casuals: unpaid carer's leave, unpaid compassionate leave, unpaid community service leave, 10 days' paid family and domestic violence leave, and conditional access to unpaid parental leave for long-term regular casuals
  • Flexible working arrangements: request rights
  • Right to Disconnect: clause with the statutory reasonableness factors
  • Reimbursement of expenses: reasonable work expenses reimbursed subject to policy and valid receipts
  • Confidentiality: 5-year survival period, indefinite trade secret protection, whistleblower carve-out
  • Intellectual property assignment and moral rights waiver
  • IT, systems and workplace surveillance: notice clause
  • WHS and equal opportunity obligations
  • Suspension: employer's right to suspend the employee on full pay during an investigation
  • Performance management and disciplinary process: procedurally fair process before disciplinary action
  • Ending the engagement: no notice required for individual shifts, reasonable notice for ending an ongoing casual relationship, summary termination for serious misconduct, and return of employer property
  • Casual conversion, Employee Choice Notice pathway: the current employee-initiated conversion mechanism, including employer response timeframes and fair and reasonable grounds for refusal
  • Post-employment restraints: cascading non-solicitation, non-poaching and non-compete clauses, using a cascading structure for time periods and geographic areas commonly used in Australian restraint drafting
  • Privacy, governing law, and a 3-step internal dispute resolution process
  • Schedule 1 (engagement details), Schedule 2 (position description), Schedule 3 (special terms)
WHO THIS TEMPLATE IS FOR

Built for Australian business owners, founders, office managers, and in-house HR engaging casual staff. This template is a strong fit if (the examples below are illustrative, not exhaustive):

  • You run a café, restaurant, bar, retail store, events business, seasonal operation, or any other type of business and take on casual staff for shifts, weekends, or peak periods
  • You want a written casual employment agreement reflecting the current statutory casual employee definition and the employee choice conversion pathway
  • You want casual loading, penalty rates, and NES entitlements that still apply to casuals (such as family and domestic violence leave) set out in the agreement
  • You're bringing on a number of casual staff ahead of a busy trading period and want a standard agreement to issue to each new starter
  • You'd prefer to complete a template (and check it against your Modern Award and applicable loading rate) rather than have a contract drafted from scratch for each new hire

If you're weighing up whether the role needs to be an employee at all, our Independent Contractor Agreement and Subcontractor Agreement templates may be worth comparing (see Not Suitable For, below).
WHEN TO USE THIS TEMPLATE

  • Engaging a new casual employee with no guaranteed hours
  • Standardising casual onboarding paperwork ahead of a busy or seasonal hiring period
  • Formalising terms before the employee's first shift, so both parties have a signed agreement in place from day one
NOT SUITABLE FOR
  • Not suitable for regulated industries without legal review
  • User must identify the applicable Modern Award (if any) and confirm the correct casual loading percentage before issuing this Agreement
  • Not suitable for full-time or part-time roles with guaranteed, regular hours. See our other two employment agreement templates (Full Time Employment Agreement and Part Time Employment Agreement).
  • Not a substitute for legal advice on whether a long-term regular casual has accrued unfair dismissal protections
  • Not a substitute for legal advice on whether an Employee Choice Notice should be accepted or refused
  • Not suitable if the individual is genuinely engaged as an independent contractor rather than an employee. If you don't need someone under your direction and control on an ongoing employment basis, see our Independent Contractor Agreement and Subcontractor Agreement templates instead
WHAT YOU’LL RECEIVE
  • Editable Word document
  • PDF reference copy
  • Plain-English guidance notes
  • LawReach Legal Document User Guide
  • Fully customisable document
  • Reuseable template
  • Unlimited downloads of the purchased template
IMPORTANT LEGAL INFORMATION

This template is a general legal document intended to be customised for your specific business and circumstances.

It does not constitute legal advice and does not create a lawyer–client relationship. While care has been taken to make the template practical and broadly applicable, it may not address every legal risk or regulatory requirement relevant to your situation.

To use this document properly, you should review and customise it alongside the included Legal Document User Guide, which explains how to safely tailor key terms.

Independent legal advice is recommended if you need provisions tailored to your situation or have specific legal concerns.
Important: By purchasing this document, you agree to the Terms & Conditions and acknowledge that use of this document is subject to the Legal Document User Guide. This is a digital product. Refunds are limited, except as required by law.

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Frequently Asked Questions (FAQ)

Contracts help clearly set expectations, reduce misunderstandings, and protect your business if a dispute arises.

Our templates are designed to help you document common business arrangements in a clear and practical way, but they are general templates only and do not replace tailored legal advice.

Our templates are designed for common commercial situations, such as providing services, engaging contractors, operating online businesses, or setting business policies. They are general templates only and may not be suitable for every business or transaction.

If the arrangement is complex, high-risk, or you are unsure how to complete or modify the document, you should obtain independent legal advice. A lawyer can review or tailor the document to your specific needs.

When completed correctly and used in appropriate circumstances, the templates are capable of forming legally binding agreements under Australian law.

However, no guarantee of enforceability is given, as this depends on how the document is completed, executed, and used, as well as the surrounding facts and applicable laws.

No. Our templates are intended to provide a practical starting point for documenting common business arrangements only. They do not constitute legal advice and do not take into account your specific circumstances.

LawReach provides legal document templates only and does not offer legal advice, legal representation, or document reviews. Purchasing or using a template does not create a solicitor–client relationship.

If your situation is complex, high-risk, or unclear, you should obtain independent legal advice before relying on a template.

You are free to edit the document to suit your needs, but any changes you make, and how the contract is used, are your responsibility.

Incorrect completion or use may affect the contract’s operation or enforceability.

LawReach provides the template only. To the maximum extent permitted by law, we are not responsible for any loss, dispute, or issue arising from its use.

You are responsible for ensuring the document is appropriate for your business and used correctly.

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