Casual employment agreement, Retail Assistant

Casual employment agreement

A retail assistant is paid $34.00 an hour, which is a base of $27.20 plus a twenty five per cent loading. The agreement shows how every other rate is built from that base, and what the loading is paid instead of.

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Retail Assistant

Casual employment agreement · Kingsway Grocer Pty Ltd · ABN 88 315 004 772Page 2 of 6

Casual employment agreement · Kingsway Grocer Pty Ltd · ABN 88 315 004 772Page 3 of 6

Casual employment agreement · Kingsway Grocer Pty Ltd · ABN 88 315 004 772Page 4 of 6

Casual employment agreement · Kingsway Grocer Pty Ltd · ABN 88 315 004 772Page 5 of 6

Casual employment agreement · Kingsway Grocer Pty Ltd · ABN 88 315 004 772Page 6 of 6

This agreement is between Kingsway Grocer Pty Ltd, ABN 88 315 004 772, of 210 Kingsway, Cronulla NSW 2230, called the Employer, and Tomas Bergstrom of 8 Nicholson Parade, Cronulla NSW 2230, called the Employee. It records the terms on which casual shifts are offered and worked.

The Employee is engaged as a casual employee. There is no firm advance commitment to continuing and indefinite work. The Employer offers shifts as they arise and the Employee may accept or decline any of them without consequence.

Employment is on a shift by shift basis. No hours are guaranteed in any week, and a roster published for one fortnight creates no entitlement to similar hours in the next.

Whether the Employee is casual is judged on how the work actually happens, not only on the words in this document. Where the pattern of work becomes firm, regular and indefinite, the Employee may no longer be a casual employee regardless of this clause, and clause 6 explains what happens then.

The Employee is paid a base rate of $27.20 an hour plus a casual loading of twenty five per cent, which is $6.80, making $34.00 an hour for ordinary hours. The loading is paid instead of paid annual leave, paid personal leave, notice of termination and redundancy pay.

When worked	Loading and penalty on the base rate	Hourly rate
Monday to Friday, before 6pm	25% casual loading	$34.00
Monday to Friday, from 6pm	25% loading and 25% evening penalty	$40.80
Saturday	25% loading and 25% penalty	$40.80
Sunday	25% loading and 50% penalty	$47.60
Public holiday	25% loading and 125% penalty	$68.00

The rates in this agreement are set to be at or above the General Retail Industry Award 2020 for the applicable classification. Award rates change on 1 July each year. The Employer reviews these rates before that date every year and applies any increase from the first full pay period on or after 1 July.

Pay is weekly, on Thursday, for the week ending the previous Sunday, into a nominated account. A payslip is issued within one working day of each payment and shows the hours, the rate for each block of hours, the loading, the tax withheld and the superannuation.

The Employer pays superannuation at the rate required by law on the Employee ordinary time earnings, currently twelve per cent, into a fund of the Employee choosing or the Employer default fund where no choice is made.

No shift is shorter than three hours. Where the Employee attends and is sent home early, three hours is still paid.

Shifts are offered by text or through the rostering app. The roster is published on Wednesday for the fortnight starting the following Monday. An accepted shift becomes a commitment, and the Employee tells the store manager as early as possible if they cannot attend.

Where the Employer cancels an accepted shift with less than twelve hours notice, the Employee is paid the minimum three hours. Where the store cannot open for a reason outside the Employer control, this does not apply.

An unpaid meal break of thirty minutes is taken on a shift longer than five hours. A paid ten minute rest break is taken on a shift of four hours or more, and a second on a shift of eight hours or more.

Entitlement	Casual position
Paid annual leave	No, the loading is paid instead
Paid personal and carer leave	No, the loading is paid instead
Unpaid carer leave	Yes, 2 days each occasion
Unpaid compassionate leave	Yes, 2 days each occasion
Paid family and domestic violence leave	Yes, as provided by law
Unpaid community service leave	Yes, including jury service
Public holidays	Paid at the public holiday rate when worked, nothing when not worked
Parental leave	After 12 months of regular and systematic work with a reasonable expectation of continuing
Notice of termination and redundancy pay	No, the loading is paid instead

The Employee completes a work health and safety induction covering manual handling, the trolley and cage procedure, knife and slicer use in the deli, and what to do in a hold up, before working any shift.

Any injury, near miss or hazard is reported to the duty manager on the day it happens, however minor it seems, and is recorded in the incident register.

The Employee follows the Employer policies as changed from time to time, including the cash handling, food safety, uniform and social media policies. Those policies do not form part of this agreement.

Where the Employee believes they no longer meet the definition of a casual employee, they may notify the Employer in writing. The earliest that notification can be given is six months after the employment started, or twelve months where the Employer is a small business employer.

The Employer must consult the Employee and respond in writing within twenty one days, either accepting the change or giving reasons for refusing it based on the grounds allowed by law. Where the change is accepted, the Employer confirms whether the position becomes full time or part time, the hours, and the day the change takes effect.

On conversion the casual loading ends and paid leave begins to accrue from that day. The Employee does not receive both, and the change is not backdated.

Either party may end the casual employment at any time without notice, because notice of termination is one of the entitlements the casual loading is paid instead of. The Employer will still give as much notice as it reasonably can.

Final pay covers every hour worked to the last shift and is paid on the next ordinary pay day. There is no annual leave balance to pay out, because the loading was paid instead of it each week.

The uniform, name badge, locker key and access fob are returned on the last shift or within seven days of it.

The Employee confirms they have read this agreement, understand that casual employment carries no guaranteed hours, and have received the Casual Employment Information Statement and the Fair Work Information Statement.

Section by section

What each section is for, so you can keep the ones you need and drop the rest.

Cover: The role, both parties and the date of the first shift.
Headline terms: The casual hourly rate, the loading percentage, the minimum shift length and the start date.
1. What casual means here: No firm advance commitment, shift by shift engagement, and the rule that the substance of the relationship decides it.
2. Pay: The base rate and loading, a rates table for five timing bands, and the callout explaining how each figure is built.
Award floor and pay timing: The commitment to sit at or above the applicable award, the annual review date, the weekly pay cycle and payslip.
Superannuation: The rate paid on ordinary time earnings and the fund choice position.
3. Shifts: Three hour minimum engagement, how shifts are offered and rostered, cancelled shift pay and break entitlements.
4. Leave a casual does and does not get: Nine entitlements with the casual position on each, including the three the loading is paid instead of.
5. Conduct and safety: The induction that must happen before the first shift, injury reporting, and the policies that apply.
6. Changing from casual to permanent: The employee choice pathway, the timing, the employer response obligation and when the loading stops.
The information statement: The obligation to give the Casual Employment Information Statement at the start and at set points afterwards.
7. Ending the engagement: No notice either way and why, what final pay covers, and the property to be returned.
Signatures: The acknowledgement that no hours are guaranteed, and blocks for employer and employee.

What makes this document work

Every rate is built from one base

The base is $27.20. Loading and penalty are both applied to it, never to each other, so Sunday is $27.20 times 1.75 and not $34.00 plus fifty per cent. The callout states the rule and the table shows five worked results.

The loading is tied to what it replaces

A leave table lists nine entitlements and marks three as paid for by the loading rather than provided. That is the trade a casual is actually making, and it is far clearer as a table than as a sentence in a pay clause.

It admits the label may not hold

One clause says the relationship is judged on how the work actually happens, and that a firm regular indefinite pattern may mean the employee is no longer casual whatever the document says. The conversion pathway then explains what to do about it.

Questions people ask

What makes an employee casual in Australia?

The absence of a firm advance commitment to continuing and indefinite work, assessed on the real substance of the relationship rather than only on the wording of the agreement. A regular pattern of shifts can point away from casual employment.

How is the casual loading calculated?

As a percentage of the base rate, twenty five per cent here, paid instead of paid annual leave, paid personal leave, notice of termination and redundancy pay. Penalties for evenings, weekends and public holidays apply to the base as well, not to the loaded rate.

Can a casual become permanent?

There is an employee choice pathway. Where the employee believes they no longer meet the casual definition they can notify the employer in writing, at the earliest six months after starting, or twelve months with a small business employer, and the employer must respond in writing within twenty one days.

What leave do casuals get?

No paid annual or personal leave, because the loading is paid instead. Unpaid carer and compassionate leave, paid family and domestic violence leave, unpaid community service leave, and parental leave after twelve months of regular and systematic work.

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