Australia Casual Employment Contract Generator Fair Work Act 2024 Compliant — Casual Conversion Rights Included
Generate a legally-structured casual employment contract covering the 26 August 2024 casual conversion amendments, 25% casual loading, NES minimum engagement, and Super Guarantee 11.5%.
Fair Work Act 2024 — Casual Changes in Effect from 26 August 2024
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 reformed casual conversion: the Fair Work Commission can now order conversion to permanent employment. Employers must respond to conversion requests within 21 days. This contract template includes the mandatory Casual Conversion clause as required by the NES.
Employer Details
Employee Details
Role & Industry
Pay & Hours
3 hours is the NES/award minimum for most industries.
Superannuation — 11.5% (SG rate 2025–26)
Applies from first dollar of earnings for all casuals — $450/month threshold abolished July 2022.
Casual Conversion Rights (Fair Work Act 2024)
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (effective 26 August 2024) makes the casual conversion clause a Non-Negotiable NES entitlement. Employees working a regular and systematic pattern may request conversion to permanent employment after 6 months (or 12 months in a small business). Employers must respond within 21 days.
Quick Reference — 2025–26 Rates
What to do before issuing this contract
- Identify the applicable Modern Award or Enterprise Agreement for this role.
- Confirm the minimum engagement period under that award.
- Prepare the Fair Work Information Statement (download from fairwork.gov.au).
- Prepare the Casual Employment Information Statement (CEIS) — required for all new casuals.
- Collect the employee's Tax File Number Declaration and super fund choice.
- Have both parties sign two copies of this contract.
Legal Disclaimer
This tool generates a contract template for reference purposes only. It is not legal advice. Have your contract reviewed by a qualified Australian employment lawyer before use, particularly for enterprise agreement workplaces or award-free arrangements.
Contract Preview
CASUAL EMPLOYMENT CONTRACT
Fair Work Act 2009 (Cth) — National Employment Standards
This Casual Employment Contract ("Agreement") is entered into between:
Employer: , ABN , of ("the Employer"); and
Employee: , of ("the Employee").
The Employee is engaged as a casual employee within the meaning of the Fair Work Act 2009 (Cth). As a casual employee, the Employee has no guaranteed hours of work and no firm advance commitment from the Employer as to the duration of the employment or the days or hours of work.
The employment commences on .
The Employee is engaged in the position of in the industry. The Employee will perform duties as directed by the Employer from time to time and consistent with the position description.
Primary work location(s): .
As a casual employee, the Employee receives a casual loading of 25% above the applicable base rate, in lieu of entitlements to paid annual leave, paid personal/carer's leave, paid compassionate leave, paid public holidays on non-working days, and notice of termination (where applicable). The casual loading is included in the loaded hourly rate set out in Clause 6 of this Agreement.
The Employee has no guaranteed hours of work. The Employer will offer shifts as required by operational needs. The Employee may accept or decline individual shift offers.
Where the Employee accepts a shift, the Employee will be engaged for a minimum of per engagement (or the minimum period prescribed by the applicable award, whichever is greater).
The parties acknowledge a regular pattern of work as follows: . This pattern does not constitute a guarantee of hours.
The Employee will be paid at the following rates:
• Base hourly rate (before casual loading):
• Casual loading: 25%
• Loaded casual hourly rate (inclusive of 25% casual loading):
The Employee will be paid by electronic funds transfer to the Employee's nominated bank account. Payslips will be provided in accordance with the Fair Work Act 2009.
The Employer will make superannuation contributions in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). The current Super Guarantee rate is 11.5% of ordinary time earnings (as at 1 July 2025), rising to 12% from 1 July 2026. Contributions apply from the first dollar of earnings with no monthly minimum threshold. Contributions will be made to the Employee's nominated complying superannuation fund on a basis (or as required by law).
8.1 Right to Request Conversion. After 6 months of employment (or 12 months if the Employer is a small business employer employing fewer than 15 employees), the Employee may make a written request to convert to permanent (part-time or full-time) employment if the Employee has, during that period, worked on a regular and systematic basis and could reasonably have continued to work that pattern on a permanent basis.
8.2 Employer Response. The Employer must respond in writing to any conversion request within 21 days. The Employer may refuse a request only on genuine operational grounds. Where the Employer refuses, the response must set out the reasons in writing.
8.3 Fair Work Commission. If a dispute about casual conversion cannot be resolved at the workplace level, either party may apply to the Fair Work Commission for conciliation and, from 26 August 2024, arbitration. The Fair Work Commission may make orders about conversion.
8.4 Casual Employment Information Statement. The Employer will provide the Employee with the Casual Employment Information Statement issued by the Fair Work Ombudsman before or at commencement of employment, and again after 6 months and 12 months of employment.
As a casual employee, the Employee does not accrue paid annual leave, paid personal/carer's leave, or paid compassionate leave. However, the Employee retains the following entitlements under the National Employment Standards:
• Unpaid carer's leave: up to 2 days per occasion to provide care or support to an immediate family or household member;
• Unpaid compassionate leave: 2 days per occasion on the death or serious illness of an immediate family or household member;
• Unpaid community service leave: including jury duty (eligible for make-up pay for jury service);
• Unpaid parental leave: after 12 months of regular and systematic employment, in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009;
• Long service leave: as prescribed by the applicable state or territory long service leave legislation or the applicable award.
Either party may end a casual engagement by giving reasonable notice prior to the commencement of a shift. The Employee is not entitled to notice of termination or redundancy pay in relation to individual casual engagements. However, if the Employee works on a regular and systematic basis and a reasonable expectation of continuing employment arises, different obligations may apply under the Fair Work Act 2009.
During and after employment, the Employee must not disclose to any person any confidential information relating to the Employer's business, customers, pricing, or operations without the Employer's prior written consent, unless required by law.
This Agreement is subject to the : . Where any term of this Agreement is less beneficial than an entitlement under the applicable award, enterprise agreement, or the National Employment Standards, the award, agreement, or NES entitlement prevails to the extent of the inconsistency.
This Agreement constitutes the entire agreement between the parties with respect to casual employment. Any variation to this Agreement must be made in writing and signed by both parties.
This Agreement is governed by the laws of and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of and the Federal Court of Australia.
Signed for and on behalf of the Employer:
Signed by the Employee:
Generated by VidsHog Tools — For informational purposes only. Not legal advice. Seek independent legal advice before relying on this document.
Casual Employment Contracts in Australia — Fair Work Act 2024 Guide
Australia's casual employment sector employs more than 2.6 million workers, making casual contracts one of the most commonly used employment instruments in the country. Yet casual employment law is among the most frequently misunderstood areas of Australian workplace relations. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 — which took effect on 26 August 2024 — significantly changed the rights of casuals and the obligations of employers, making an up-to-date, compliant contract template more important than ever.
What Makes Someone a Casual Employee?
Under the Fair Work Act 2009 (Cth), an employee is a casual if, at the time of engagement, the offer of employment makes no firm advance commitment as to the duration of the employment or the days or hours the employee will work. This is assessed on the terms of the initial offer — not on subsequent conduct or the actual pattern of hours worked. This distinction matters because a worker can be employed as a casual on paper while working a regular, predictable schedule in practice, which affects their rights.
The 25% Casual Loading — Calculation and Compliance
The 25% casual loading compensates casual employees for missing out on paid leave entitlements that permanent employees receive under the National Employment Standards (NES). If the applicable Modern Award or enterprise agreement specifies a different loading rate, that rate applies instead. The loaded rate is calculated simply: Loaded Rate = Base Rate × 1.25. For example, a base rate of $24.00/hour becomes $30.00/hour as the casual loaded rate.
The Fair Work Commission conducts annual minimum wage reviews. From July 2024, the national minimum wage is $24.10/hour ($30.13/hour casual). Employers must ensure loaded casual rates meet or exceed the applicable award minimum at all times, including after annual increases.
Minimum Engagement Periods by Industry
Most Modern Awards set a minimum number of hours a casual employee must be paid for each shift, regardless of whether they work the full time. Common minimums:
- Hospitality Industry Award: 2 hours
- General Retail Industry Award: 3 hours
- Aged Care Award: 2 hours
- Healthcare Award: 2 hours
- Building and Construction Award: 4 hours
- Road Transport Award: 4 hours
Paying below the minimum engagement is an underpayment and can attract penalties of up to $18,780 per contravention for corporations (2024–25 figures). Always verify the minimum for your specific award on the Fair Work Ombudsman's website.
Casual Conversion Rights — What Changed on 26 August 2024
Before the Closing Loopholes No. 2 Act, employers could refuse casual conversion requests on fairly broad "reasonable business grounds." From 26 August 2024, this has tightened significantly:
- Employers must now respond to conversion requests within 21 days (previously there was no statutory deadline).
- The Fair Work Commission can now arbitrate conversion disputes and make binding orders — previously it could only conciliate.
- A new "employee choice" pathway allows casuals to notify the employer of their wish to convert, rather than waiting for an employer-initiated offer.
- Employers must provide the Casual Employment Information Statement (CEIS) at commencement, again at 6 months, and again at 12 months of employment.
Superannuation for Casual Employees
Since 1 July 2022, the $450/month earnings threshold for superannuation has been abolished. All casual employees, regardless of how little they earn in a given month, are entitled to Super Guarantee contributions from their first dollar. At 11.5% of ordinary time earnings (the rate applicable from 1 July 2025, rising to 12% from 1 July 2026), super represents a significant additional labour cost that employers must budget for when engaging casual staff. Super must be paid at least quarterly to the employee's nominated complying superannuation fund.
Casual vs Part-Time Employment — The Key Differences
Employers sometimes use casual contracts when a part-time arrangement would actually be more appropriate. The distinction matters legally:
- Guaranteed hours: Part-time employees have agreed, regular hours. Casuals have none.
- Leave entitlements: Part-time employees accrue paid annual leave (4 weeks pro-rata), paid personal/carer's leave (10 days pro-rata), and paid public holidays. Casuals receive none of these (but receive 25% loading instead).
- Termination: Part-time employees are entitled to notice of termination and, where applicable, redundancy pay. True casual engagements end without notice (though this is litigated frequently).
- Cost: Casual employees cost more per hour (25% loading) but cost less in total if hours are genuinely variable and leave/redundancy exposure is avoided.
Required Documentation
Employers engaging casual staff must provide, at or before commencement:
- The Fair Work Information Statement (FWIS) — mandatory for all new employees
- The Casual Employment Information Statement (CEIS) — mandatory for all new casual employees from 27 September 2021
- A written contract or letter of engagement setting out the key terms
- Tax File Number Declaration (for tax withholding)
- Superannuation Standard Choice Form (for fund selection)
Failure to provide the FWIS and CEIS is a civil penalty of up to $18,780 per contravention for corporations. These forms are available free from fairwork.gov.au.