Casual employment contract template

Draft a casual employment contract built on the current casual definition, with the Casual Employment Information Statement schedule, the employee choice pathway, and award terms flagged for you to check.

Figures checked 5 November 2026. Free to use, no sign-in.

Parties

Changes when the casual information statement must be given again.

Award and pay

Leave blank if you are not sure: the contract will flag it for you to check.

25% in most modern awards. Check yours.

Signing

Casual employment contract

Check before you use it

  • Find the right award and classification for the duties, and check the pay meets the minimum rate in the Fair Work Commission’s pay guide for that classification.
  • Fill every [CHECK] item from the award or agreement: hours pattern, overtime and penalties, minimum engagement (casuals), and the notice the employee must give.
  • Give the Fair Work Information Statement before, or as soon as practicable after, the employee starts (s 125).
  • Give the Casual Employment Information Statement at the start, after 6 months, after 12 months and every 12 months after that (s 125B), using the current version on the Fair Work Ombudsman website.
  • A casual label is not enough. Under s 15A, a person is casual only if there is no firm advance commitment to continuing and indefinite work, judged on the real substance and practical reality of the relationship, including regular patterns and mutual expectations. Review this as the job settles.
  • Offer choice of super fund, and if the employee does not choose, request their stapled fund details from the ATO before using a default fund.
  • This template has no restraint of trade (non-compete) clause. Restraints are enforceable only if reasonable, and the Government has announced a ban on non-competes for employees earning under the high income threshold. Get advice before adding one.
  • Do not add a term stopping employees discussing their pay. Such terms have no effect and including one is a contravention (s 333C, s 333D).

Casual employment agreement

Employer[Employer legal name]
Employee[Employee name]
Position[Position title]
Start date[Start date]
Location[Work location]
Reports to[Manager or position]

1. Your employment

You are employed as a casual employee. We do not make a firm advance commitment to continuing and indefinite work: we will offer you work as it is available, and you may accept or decline each offer.

2. Award or agreement

[CHECK: name the modern award or enterprise agreement that covers this role, or confirm the role is award/agreement free.] The National Employment Standards in the Fair Work Act 2009 apply to your employment in all cases.

3. Hours of work

Your hours will vary with the work we offer. Each shift will be at least [CHECK: minimum engagement in the award, e.g. 2 or 3 hours]. We will give you as much notice of shifts as we reasonably can.

4. Pay and superannuation

You will be paid [hourly rate] an hour for ordinary hours. This includes a casual loading of 25%, which is paid instead of paid annual leave, paid personal/carer’s leave, notice of termination and redundancy pay. Weekend, public holiday and other penalty rates apply as set out in the [award or agreement].

You will be paid weekly into your nominated account, with a payslip within one working day of each pay day. We will pay superannuation at the rate required by law (currently 12% of ordinary time earnings) to your chosen fund, or to your stapled or our default fund if you do not choose one, for each pay and by the due dates the law sets.

5. Leave

  • As a casual you do not receive paid annual leave or paid personal/carer’s leave; the casual loading is paid instead.
  • You are entitled to 10 days of paid family and domestic violence leave in each 12-month period.
  • You are entitled to unpaid carer’s leave, unpaid compassionate leave, community service leave and long service leave as provided by the National Employment Standards and the law of your state or territory.
  • If you have worked regularly and systematically for at least 12 months with a reasonable expectation of continuing work, you may also request flexible working arrangements and unpaid parental leave.

6. Contact outside working hours

Outside your working hours you may refuse to monitor, read or respond to contact from us, or from others about your work, unless the refusal is unreasonable. This is your right under section 333M of the Fair Work Act 2009.

7. Your pay is yours to discuss

You may tell anyone about your pay and the terms needed to work it out, or choose not to, and you may ask other employees about theirs.

8. Confidential information and work you create

You must keep our confidential information (including customer, financial and business information that is not public) confidential during and after your employment, and use it only for your work. Intellectual property in work you create in the course of your employment belongs to [Employer legal name].

9. Policies

You must follow our workplace policies, which we may change from time to time. The policies are not part of this agreement and do not create contractual obligations for us.

10. Ending employment

Either of us may end the employment [CHECK: notice required under the award, if any; the NES notice of termination does not apply to casual employees]. We may end your employment without notice for serious misconduct.

11. Information statements

With this agreement we have given you the Fair Work Information Statement and the Casual Employment Information Statement. We will give you the Casual Employment Information Statement again after 6 months and 12 months of employment, and every 12 months after that.

After 6 months of employment, if you believe you no longer meet the definition of a casual employee, you may notify us in writing that you want to change to full-time or part-time employment. We must respond in writing within 21 days.

12. Entire agreement

This agreement, together with the award or agreement that applies and the law, sets out the terms of your employment. Any change must be in writing and signed by both of us.

Signed for [Employer legal name]

[Signatory name]

[Signatory position]

Date: [date]

Accepted by the employee

Signed: ________________________ Date: ____________

[Employee name]

Highlighted text in [brackets] still needs your input. General information, not legal advice. Have the finished contract reviewed if the role is senior or unusual.

How this works

The contract describes the casual arrangement in the terms the Fair Work Act uses: work is offered as it is available, the employee can accept or decline, and there is no firm advance commitment to continuing and indefinite work. The label alone does not make someone a casual, so the checklist reminds you to review the arrangement as a pattern of work develops.

  • Hourly rate with the casual loading stated, and penalty rates from the award.
  • The Fair Work Information Statement and the Casual Employment Information Statement, with the re-issue schedule for your business size (s 125B).
  • A plain statement of the employee’s right to notify you after 6 or 12 months if they believe they are no longer a casual.

Minimum shift length and any notice period come from the award and are flagged with [CHECK]. Nothing you type leaves your browser.

Questions

Who counts as a casual employee?

Under section 15A of the Fair Work Act, someone is a casual only if there is no firm advance commitment to continuing and indefinite work, and they are entitled to a casual loading or casual rate. This is judged on the real substance and practical reality of the relationship, not just the contract, looking at whether work can genuinely be offered and declined, whether continuing work is likely, whether permanent staff do the same work, and whether there is a regular pattern.

When do I give the Casual Employment Information Statement?

Before or as soon as practicable after the casual starts. Employers with 15 or more employees must give it again after 6 months, after 12 months, and after every further 12 months. Small business employers give it at the start and after 12 months.

Can a casual become permanent?

Yes. After 6 months of employment, or 12 months with a small business employer, a casual who believes they no longer meet the casual definition can notify you in writing. You must consult them and respond in writing within 21 days.

What leave do casuals get?

Casuals do not get paid annual leave or paid personal/carer’s leave, because the casual loading is paid instead. They are entitled to 10 days of paid family and domestic violence leave each year, unpaid carer’s and compassionate leave, community service leave and long service leave under state law.

Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

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