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Employment contract for hiring casual employees

Letter of Engagement template

An employment contract or letter of engagement is a document provided by an
employer which must be agreed to and signed by the prospective employee.
These documents are used to inform prospective employees of the terms and
conditions of their employment at your business, and include important
information and agreements regarding:

 Employment start date

 Employment position within your business
 Expected hours of work
 Pay and superannuation entitlements

Drafting an employment contract

Before you draft an employment contract, you need to be aware of the

minimum entitlements which apply to employees in the position you are
offering. These requirements will need to be included in the relevant sections
of the employment contract, and will include minimum requirements for the
following:

 Pay and remuneration

 Working hours
 Loading and shift penalties
 Leave entitlements
 Notice requirements for termination of employment.

The minimum requirements for employment are derived from several sources,
including relevant industrial awards or agreements and legislation. The Fair
Work Act 2009 and the National Employment Standards set out in the Act are
also a source of minimum requirements.

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If you are unsure of the minimum requirements governing your employees,
contact a legal professional for advice.

Information contained inside [brackets] can be altered to suit the requirements

of your employment circumstances. The template is comprised of numbered
clauses, which should be used in formal contracts. Some clauses are optional as
they may not apply to your business or employment circumstances, and these
can be deleted.

Consider obtaining legal advice

It isn’t always necessary to obtain legal advice when hiring employees, but for
certain industries and jobs it can be a good idea to seek the advice of a legal
professional. Some industries or employment positions have rigid requirements
regarding confidentiality and future trade. This template is unable to provide
the level of legal detail which might apply to your situation, so if this is relevant
to you, we suggest that you seek professional assistance before entering into a
contract with an employee.

This template is designed to serve as a guide only to assist your business in

drafting employment contracts for casual staff and is not a substitute for legal
advice as every employment situation is different and different requirements
may apply.

Meet the prospective employee and go over the employment contract with
them

Meeting a prospective employee face to face in order to discuss their

employment provides you with the opportunity to explain the terms and
conditions of the employment relationship. It also allows the employee to ask
questions or make comments which you can address, as well as giving you a
chance to detail what you expect of the employee once they commence their
employment with you. It is also important to keep a record of the job

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advertisement as well as any materials provided to the prospective employee
prior to the commencement of their employment.

It is important to give prospective employees time to consider the employment

contract, as they may realise they are unable to meet its terms and conditions.
Accordingly, your employment contract should specify a date by which you
require acceptance. Give the prospective employee your contact details so they
can obtain any required information during this time.

Once the employee has signed the employment contract, you should keep the
original and provide them with a copy for their records. This ensures that both
parties have a written record of what has been agreed to as part of the
employment relationship.

Employment contract template begins on the next page

[Insert your business letterhead]

[Date] Always list the date at the beginning of a contract.

Private and confidential

[Insert the full name of your prospective employee]

[Insert the residential address of your prospective employee]

Dear [insert employee name]

Notice of employment

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[Insert your business name] is pleased to offer you casual employment in the
position of [insert job title] based on the conditions and terms contained in this
employment contract.

1. Position
1.1 - You will be employed as required, on a casual basis.
1.2 - As a casual employee, you are not entitled to the guarantee of regular
or ongoing work with [insert your business name] and are not entitled
to annual or sick leave.
1.3 – See the attached document which describes your position. This
description details the duties and tasks you are required to perform
each time you work. You may also be asked to carry out additional tasks,
or tasks not listed in the position description due to the dynamic nature
of the workplace in regard to your experience, training, and skill
development.
1.4 You will be required to carry out your employment duties at [insert
business location] or at other reasonable locations as directed by [insert
your business name].
2. Employment terms and conditions
2.1 Unless more generous provisions are included in this employment
notice or the attached job description, your employment will be
governed by the terms and conditions set out in [insert relevant
industrial agreement or award] and applicable legislation. As an
employee at [insert your business name], your employment will be
governed by the Fair Work Act 2009 and the National Employment
Standards laid out in the Act. Note that neither this legislation nor
[insert relevant industrial agreement or award] are incorporated as part
of this employment contract.

Note – Any employee is entitled to receive the minimum provisions

afforded by any industrial awards or enterprise agreements affecting their
employment. It is at your discretion as an employer whether or not you
choose to offer more generous entitlements, but you are legally required

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to provide at least the minimum set out in these instruments and
legislation. Contact a legal professional if you are unsure of your
obligations.

2.2 – Either party to this employment contract (you, as the employee, or

[insert your business name], as the employer) are entitled to terminate
the employment relationship at any point so long as [insert period]
notice is given.
3. Remuneration
3.1 – When working for [insert your business name] on a casual basis, you
will be paid a base rate of $[insert dollar amount] per hour plus the
applicable casual loading.
3.2 Payment will be made on a [fortnightly/weekly/monthly] basis via direct
debit to a bank account nominated by you.
3.3 [Insert your business name] will make superannuation payments on
your behalf as required by the Superannuation Guarantee
(Administration) Act 1992. Note – if superannuation provisions are
included in any relevant industrial agreements or awards, you are
required to pay at least the amount stipulated in these awards or
agreements. Contact a legal professional if you are unsure about your
superannuation obligations.
3.4 [Insert your business name] will review your remuneration on an
annual basis. Your remuneration may be increased as a result of these
reviews at the discretion of [insert your business name]. Note – all
employees must be paid in accordance with the relevant minimum
wage.

4. Your obligations to [insert your business name]

4.1 – As part of your employment with [insert your business name], you will
be required to:
a. Perform your work duties to your best ability at all times;

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b. Use your best judgement, reason, and sensibility to protect and
promote the interests of [insert your business name]; and
c. Follow any reasonable and lawful directions given to you by [insert
your business name]. This includes ensuring compliance with
company procedures and policies, which may be amended
occasionally. Note that these procedures and policies are not
incorporated into this employment contract.
5. Confidentiality

Note – this clause is optional and may not be relevant to your employment
circumstances. Confidentiality agreements commonly form part of the
employment contract for jobs which involve the handling or use of
intellectual property or other sensitive information. Seek legal advice if you
are unsure whether or not a confidentiality agreement should be included in
your employment contracts.

5.1 – By agreeing to the terms and conditions contained within this

employment notice, you agree and acknowledge that both during the
course of your employment with [insert your business name] and after,
you will not disclose or use confidential information which relates to the
business of [insert your business name]. Such information includes, but
is not limited to [insert a brief description of the type of information, e.g
client lists, client details, trade secrets etc.].
6. Entire agreement
6.1 – The conditions and terms set out in this employment notice constitute
the conditions and terms of your employment with [insert your business
name], and therefore override any previous agreement or
understanding between you and [insert your business name].
6.2 The conditions and terms set out in this employment notice can only be
altered upon written agreement by both parties (you, as the employee,
and [insert your business name], as the employer).

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If you have any questions or comments about the conditions and terms of
employment contained within this notice, please contact [insert name and
phone number].

In order to accept this offer of employment with [insert your business name],
please return the signed and dated original to us by [insert date].

Employee acknowledgement

I, [insert name of employee], have thoroughly read and understood this

employment notice and all the terms and conditions it contains. I accept this
offer of casual employment from [insert your business name] and understand
that the employment relationship will be governed by the terms and conditions
set out in this contract. According to the casual nature of my employment with
[insert your business name], I understand that each engagement constitutes a
separate employment contract between myself and [insert your business
name].

Signed:__________________________ Date:___/_____/ ____

Print name:__________________________________________
PLEASE KEEP A COPY OF THIS NOTICE FOR YOUR RECORDS