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]