Casual New Employee Employment Contract Template
Large Organisation more than 15 employees
Date
Employee Address Details
Dear Name,
I am very pleased to offer you a position as Casual (Insert relevant position here) with (Insert Organisation Name) on the terms and conditions set out in this Agreement.
Please find enclosed a Fair Work Information Statement which we are required to provide to you pursuant to the Fair Work Act 2009. The Information Statement provides basic information that will affect your ongoing employment.
This is a wage position and is covered by the (Insert the name of relevant Modern Award or Enterprise Bargaining Agreement).
1ENGAGEMENT
1.1The commencing date of your employment under this Contract is (Insert the agreed date)or such other date as agreed with your (Insert Appropriate Title e.g. Manager).
1.2You will be assigned to the role of (Insert Position) reporting to (Insert Title of Position)who at this time is (Insert Name). A position description that sets out the key responsibilities of this role will be provided to you. The reporting requirements of this role outlined in the Position Description may be varied from time to time in accordance with the needs of (Insert Organisation Name).
1.3INSERT ONLY ONE OF THE FOLLOWING CLAUSES
Your employment with us is subject to the satisfactory completion of a (6) month minimum employment period. Subject to this Contract you or (Insert Organisation Name) may terminate your employment at any time during the minimum employment period. (delete this clause if the employee is employed on a temporary basis and has no reasonable expectation of continuing employment on a regular and systematic basis)
You are employed on a temporary basis and have agreed that you have no reasonable expectation of continuing employment on a regular and systematic basis, therefore no minimum employment period applies to your employment. (delete this clause if employee is employed on a regular and systematic basis and has a reasonable expectation of continuing employment on a regular and systematic basis)
2 DUTIES & RESPONSIBILITIES
The basic duties and responsibilities you are required to fulfil include but are not limited to those in your Position Description. (Insert Organisation Name) may vary these duties and responsibilities as necessary. (Insert Organisation Name) may require you to carry out other duties within your competence, skill and training.
3 PERFORMANCE
3.1You are required to perform your duties in a proper and efficient manner in accordance with the directions of the(Insert position title). You are to devote the whole of your time, attention and energy to the performance of your duties during normal working hours and such further hours as may be necessary, and to use your best endeavours to promote and enhance the interests of (Insert Organisation Name).
4HOURS OF WORK
4.1You are engaged on a casual basis and the amount of work that will be offered to you will vary from week to week and is not guaranteed.
4.2Notification of the hours to be worked, if any, will be given by publication or distribution of a Roster.
5 ACCOUNTABILITY
Initially you will report directly to, and be accountable to the (Insert Title of Position) who is (Insert Supervisors Name) and work in close association with other personnel within the organisation on a day to day basis.
6REMUNERATION
6.1Your hourly rate is $00.00 per hour. (Classification ______, Level ______)
6.2Your Classification under the (Insert Award or Enterprise Agreement) is (Insert details).
6.3Your wagesare payable fortnightly/weekly by direct credit to your nominated bank, building society or credit union account or cheque.
7 SUPERANNUATION
6.1 Where Applicable (Insert Organisation Name)will make superannuation contributions at the percentage of your ordinary time earningsrequired under the Superannuation Guarantee (Administration) Act 1992. Payments made in accordance with this clause will be remitted to a complying superannuation fund on a monthly/quarterly basis.
6.2Under terms of the (Insert either the name of the relevant Modern Award or the name of the Enterprise Agreement). The nominated superannuation fund is (Insert Name of Fund).
8 LEAVE
8.1The National Employment Standards (NES) in the Fair Work Act 2009 apply to your employment.
They cover:
- Unpaid Carers Leave (up to 2 days per event).
- Unpaid Community Service Leave including Jury Service.
- Unpaid Compassionate Leave (up to 2 days per event).
- Unpaid Parental leave (52 weeks unpaid leave after 12 months service).
(Federal Government funded Paid Parental Leave Scheme of 18 weeks is included in the 52 weeks) is an entitlement.
8.2It is a condition of your leave that you must apply for all leave in writing and provide the necessary medical or other evidence for the leave sought and as per the leave policy.
9 LONG SERVICE LEAVE
Long service leave will accrue and be paid in conformity with the relevant State Legislation.
10 WORKPLACE / SEXUAL HARASSMENT
(Insert Organisation Name) has a policy on workplace/sexual harassment (copy provided in (Insert Organisation Name) Staff Handbook. Which calls on all employees to comply. It guarantees to deal with allegations of harassment seriously, promptly, in confidence and undertakes to protect from victimisation those employees who reported either workplace or sexual harassment.
11 EQUAL EMPLOYMENT OPPORTUNITY
(Insert Organisation Name) has an Equal Employment Opportunity (EEO) policy that which is designed to ensure a safe working environment free of any form of discrimination, harassment, victimisation or vilification. Both you and every manager, supervisor and employee within (Insert Organisation Name) are responsible for apply and promoting the EEO policy and for maintaining the highest standards of behaviour. A copy of the policy is contained in the attached (Insert Organisation Name) Staff Handbook.
12 OCCUPATIONAL HEALTH & SAFETY / WORKERS COMPENSATION
12.1Pursuant to Work Health and Safety Laws, you are required to exercise due care and diligence in performing all of your duties and to abide by all (Insert Organisation Name) requirements with regard to Work Health and Safety.
12.2Safety equipment may be provided by (Insert Organisation Name) as necessary and it must be used as required for the purposes intended. If you experience any problems with any safety equipment you must inform your Supervisor immediately. Consult your Supervisor/Manager regarding the procedure for making a worker compensation claim if you are injured at work.
13 DUTIES (Optional)
Your duties will include those outlined in your Position Description.
In addition to performing the duties set out above, you must:
- Serve (Insert Organisation Name) and diligently exercise all due care;
- Act at all times in (Insert Organisation Name) best interests;
- Refrain from acting, or being seen to act, in conflict with (Insert Organisation Name) best interests;
- Use best endeavours to protect and promote (Insert Organisation Name) reputation;
- Use best abilities and knowledge to perform the duties assigned from time to time;
- At all times abide by (Insert Organisation Name) policies, procedures and professional service standards as in place and as varied from time to time;
- At all times display a thorough and professional manner, upholding and maintaining (Insert Organisation Name) reputation, goodwill and its customer relationships.
- Display the highest ethical and professional standards of service delivery and confidentiality towards (Insert Organisation Name) and its clients.
Nothing in this agreement will be construed to limit your duties to good faith or fidelity to (Insert Organisation Name) or any other duties implied at law.
14 TERMINATION OF YOUR EMPLOYMENT
Casuals can be terminated with one hours notice subject to the minimum engagement period identified within the relevant Modern Award.
Misconduct
The employment contract may be terminated without notice in the case of misconduct.
Termination by employee
The notice of termination required to be given by an employee shall be one hour.
Employee obligations upon termination
On termination of your employment , you must return to (Insert Organisation Name)all tangible property of (Insert Organisation Name)including, but not limited to, all books, documents, identity passes, papers, materials, credit cards, cars and keys held by you or under your control.
15 NON-SOLICITATION
You agree that while you are employed and on termination of your employment you will not canvass, solicit, interfere with or entice away any client or persons associated with the centre, for a period of four months after the date of termination of your employment.
16SUITABILITY (BLUE/POSITIVE NOTICE) CARD
On appointment you are required to supply certified evidence of your Suitability Blue/Positive Notice Card notification. Should you not hold a current Suitability Blue/Positive Notice Card, your responsibility is to complete the application and forward to the employer for witnessing and lodgement. It is also your responsibility to maintain a Suitability Blue/Positive Notice Card at your own expense.
(Delete the card that does not apply to your organisation)
17 CONFIDENTIALITY
An Employee Confidentiality Deed is attached. It is a condition of your employment to comply with that deed. Please complete, sign and return that deed with your acceptance.
18 ORGANISATION UNIFORMS AND EQUIPMENT (Optional)
(Please delete the Uniform clause if this does not apply to your Organisation)
18.1As per the (Insert Organisation Name) Uniform Policy you will be supplied with a uniform. These remain the property of (Insert Organisation Name) at all times, and must be returned to (Insert Organisation Name) in good condition on termination, along with all other company property.
18.2On termination of this Agreement, you must return to (Insert Organisation Name) all tangible property of (Insert Organisation Name) including, but not limited to, all books, documents, identity, passes, papers, materials, credit cards, cars and keys held by you or under your control.
19 CONTINUITY
You agree that your duties and the nature of your role and levels of responsibility may, at the discretion of (Insert Organisation Name), be significantly varied throughout your relationship with (Insert Organisation Name). Irrespective of any such variation the terms of this letter of appointment will in all other respects continue to apply as contractual provisions, unless otherwise amended in writing.
20 POLICIES AND PROCEDURES
You must abide by all the policies and procedures of (Insert Organisation Name), as updated or issued from time to time, and by any directions given to you by (Insert Organisation Name) in the course of your employment.
21 PAYMENTS
If at any time during your employment you are overpaid any amount, you agree that the amount of any such overpayment may be deducted from any monies owed to the employer.
22 CHANGES TO PERSONAL DETAILS
It is important that you notify in writing to Management, of any changes to your personal circumstances (e.g. Home address, telephone number, emergency contact etc.) or of any other relevant details relating to your employment or personal records.
23 ENTIRE AGREEMENT
This document records the Agreement between the parties. No previous negotiations, understandings, contracts, agreements, representations, warranties, memoranda or commitments subject to the Award/Enterprise Agreement will affect the terms and conditions of your employment by (Insert Organisation Name).
24 ACCEPTANCE AND ENCLOSURES
Enclosed is the(Insert Organisation Name) Staff Handbook. The following documents, which we ask you to return to us to signify your acceptance of this offer:
- Two (2) additional copies of this letter for signature
- Employment Declaration Form – for taxation purposes
- Bank and personal details form
- Superannuation forms. (Please include a copy of your passport of birth certificate/extract of birth to authenticate your age for superannuation purposes.
Congratulations (Insert employees first name) on your appointment. I wish you every success and look forward to your support as we build a strong and competitive organisation.
Yours sincerely,
Name
Position
I (insert employees fullname) agree to the terms and conditions of my employment as contained in this letter including those affecting the cessation of my employment and accept those terms and conditions. I warrant that I have had the opportunity to take legal advice as to the nature, effect and extent of these terms and conditions. I further warrant that I am aware that(Insert Organisation Name) is relying upon these warranties.
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SignatureDate
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