Casual employment contract template
A contract for employees engaged as needed, with no firm commitment to ongoing work. It defines casual status, sets the casual loading and keeps you on the right side of the casual employment rules.
Updated September 2026. Drafted with Cowell Clarke Commercial Lawyers.
Contract of employment
Casual
Contract particulars
- Use for
- Irregular work with no firm advance commitment to ongoing hours
- Versions
- Award covered or award free
- Length
- About 10 pages
- Pay
- Casual loading instead of paid annual and personal leave
- Included
- Fair Work and Casual Employment Information Statements, plus the position description
- LegalDrafted with Cowell Clarke Commercial Lawyers
- CurrentUpdated as employment law changes
- ComplianceStatements and position description attached automatically
- SigningE-signature and storage built in
In short
What is a casual employment contract?
A casual employment contract engages an employee with no firm advance commitment to continuing and indefinite work. Casual employees are paid a loading instead of paid annual and personal leave, and they can ask to become permanent once they no longer fit the casual definition.
Who counts as casual
Since 26 August 2024, casual status turns on the real substance of the working relationship. The words in the contract are only part of the picture. If the work becomes regular and predictable, with an expectation it will continue, the employee may no longer be casual.
The contract defines casual status and the loading. Keep rosters and practice consistent with it, or the loading can end up paid on top of permanent entitlements.
The employee choice pathway
A casual employee who believes they no longer meet the casual definition can notify you in writing that they want to become full-time or part-time. They can do this after 6 months, or 12 months if you are a small business employer.
You must respond in writing within 21 days. You can only refuse on the grounds set out in the Fair Work Act, and you must explain why.
Casual Employment Information Statement
Give every new casual the Casual Employment Information Statement along with the Fair Work Information Statement. Employers other than small businesses give it again after 6 months, after 12 months and every 12 months after that. Small business employers give it at the start and after 12 months.
HR Command attaches both statements to the casual contract automatically, so the first handover is covered without you tracking down the current version.
What's in the contract
Core clauses
- Casual status and what it means
- Casual loading and legal entitlements
- Duties, reporting and location
- Hours and remuneration
- Confidentiality
- Performance
- Policies and procedures
- Superannuation
- Workplace surveillance
- Leave available under the Fair Work Act
- Termination and notice
Optional clauses
- Role requirements such as mobile equipment, uniforms or a driver’s licence
- Post-employment restraints protecting intellectual property and preventing solicitation
- Vaccination requirements for new employees
For award covered casuals, consider an individual flexibility arrangement (IFA) alongside the contract.
Who can use it
Built for employers in the national workplace relations system. Get advice before using it if you are a non-constitutional corporation employer in Western Australia, a state public sector employer outside Victoria, or a local government employer outside Tasmania and Victoria. Federal rules can be more or less generous than the state rules that apply to you.
What to check before you issue it
Awards and enterprise agreements
The contract can’t override award, enterprise agreement or NES minimums. Check minimum engagements, the loading rate and penalty rates in the award.
The set-off clause
The contract offsets total pay against legal entitlements. It doesn’t remove your obligations or protect you from penalties if pay falls short.
Employees who need specific advice
Get tailored advice for casuals covered by an award or enterprise agreement, and for employees under 18.
Restraints
Restraints must be reasonable and fit the role. In NSW, the Restraints of Trade Act 1976 lets courts read down an unreasonable restraint.
Vaccination clauses
You can require vaccination as a condition of employment for new casuals. For existing staff it has to be a lawful and reasonable direction, and the Privacy Act applies.
Policies
The contract states that your policies don’t form part of it, so a policy breach doesn’t become a breach of contract.
Casual employment contract FAQs
Straight answers to the questions employers ask most. Need a specific answer for your situation?
Talk to an advisorWhat is a casual employee in Australia?
An employee with no firm advance commitment to continuing and indefinite work. Status depends on the real substance of the relationship, not only what the contract says.
How much is the casual loading?
Most modern awards set it at 25% of the base rate. Check the award or enterprise agreement that applies, and set the rate in the contract for award free roles.
Can a casual employee become permanent?
Yes. After 6 months, or 12 months with a small business employer, a casual who believes they no longer fit the casual definition can notify you in writing. You must respond in writing within 21 days.
Do casual employees get paid leave?
They don't get paid annual or personal leave, because the loading replaces it. They are entitled to unpaid carer's and compassionate leave and to paid family and domestic violence leave.
Do I have to give a casual employee notice?
The NES notice of termination rules don't apply to casual employees. Check the award and the contract, which may set their own requirements.
What documents must I give a new casual employee?
The Fair Work Information Statement and the Casual Employment Information Statement at the start, then the Casual Employment Information Statement again at set points. HR Command attaches both to the contract automatically.
Other employment contracts
Compare all contracts- Full-time employment contractOngoing employees averaging 38 hours a week.
- Part-time employment contractOngoing employees on fewer than 38 hours a week.
- Fixed term employment contractTime-limited roles with a genuine end date.
- Independent contractor agreementIndividuals running their own business under an ABN.
Build a casual contract in minutes
See how the builder sets casual status and the loading, or talk to an advisor about your workforce, or your clients'.
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