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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.

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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.

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Required fields not filled: 11. The PDF will have blank lines in their place to fill in by hand.

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CASUAL EMPLOYMENT CONTRACT

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

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: .

2. PAY AND CASUAL LOADING 2.1. Base hourly rate: , plus a casual loading of % 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. 3.2. Minimum engagement per shift: hours, consistent with the applicable award.

4. NO GUARANTEE OF HOURS 4.1.

5. INFORMATION STATEMENT AND CONVERSION RIGHTS 5.1. 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 / Employee ______________ / /

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).

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.