Systems for small business · Sydney

Hiring someone? Get the paperwork right.

Someone starts Monday and wants to know what they'll be paid. You need an offer letter, the statements you're legally required to hand over on day one, and a list of what to collect. Komiti writes all of it, ready to copy.

Since 1 January 2025, intentional underpayment of wages is a criminal offence in Australia. For offences from 1 July 2026, the maximum fine is $9.1 million for a company and $1.82 million for an individual (or three times the underpayment if that's more), and an individual can face up to 10 years imprisonment. Getting the rate right stopped being an administrative matter.

One thing the hiring pack won't do: tell you the correct pay rate. Guessing one is exactly the kind of mistake that becomes an underpayment. Confirm the rate yourself in Fair Work's free official calculator, PACT, then come back and we'll build the paperwork around it.

See a real example first: the actual pack Komiti generated for a NSW cafe hiring a casual waiter at $29/hr (tap to expand)

This is genuine, unedited output from the tool below, not a mock-up. The award named inside is flagged unverified because that's how every pack ships: you confirm it via Fair Work's own tools before relying on it.

1. Award, classification, and confirming the rate

Likely award and classification

Reasoning:

  • Duties: Serving food and beverages to customers in a hospitality setting.
  • Industry: Hospitality, NSW.
  • Award match: The most likely award is the Hospitality Industry (General) Award unverified, confirm via [Find My Award]. This award covers restaurants, cafes, hotels, and similar food and beverage businesses.
  • Classification level: A waiter with no supervisory responsibilities would most likely fall under Food and Beverage Attendant Grade 1 or Grade 2, depending on their duties and experience unverified, confirm via [Find My Award].

This is an indicative match only. It is not a determination. Confirm the correct award and classification using Find My Award before sending any offer.

Confirming the rate before you send anything

The rate you have told us you intend to pay is $29.00 per hour. Komiti cannot tell you whether this is correct. You must confirm it yourself.

Use the free Pay and Conditions Tool (PACT) to check the minimum base rate, casual loading, and any penalty rates that apply to this role, including weekend and evening rates. Weekend and evening shifts almost always attract penalty rates on top of the base casual rate, so the applicable rate will vary depending on the day and time worked.

A couple of important points:

  • Award minimum wages are reviewed every year and new rates generally take effect from the first full pay period on or after 1 July. The rate that was correct last year is very likely wrong now.
  • Since 1 January 2025, intentional underpayment of wages is a criminal offence in Australia. Genuine mistakes are not prosecuted. If you have fewer than 15 employees and comply with the Voluntary Small Business Wage Compliance Code, your business cannot be referred for prosecution. This is simply a reason to take a few minutes to verify the rate in PACT before anything is signed.

2. Offer letter

[BUSINESS NAME]

[BUSINESS ADDRESS]

[EMPLOYEE FULL NAME]

[EMPLOYEE ADDRESS]

Letter of Offer: Casual Employment

Dear [EMPLOYEE FIRST NAME],

We are pleased to offer you casual employment with [BUSINESS NAME] on the following terms.

Position: Waiter

Employment type: Casual

You are being engaged as a casual employee. This means you will be employed on an as-needed basis. Each engagement is a separate period of employment. You have no guaranteed hours from week to week.

Start date: [START DATE]

Hours: Your shifts will be rostered on weekends and some weekday evenings, based on the business's operational needs. Your hours will vary from week to week and are not guaranteed.

Pay rate: The rate of pay is $29.00 per hour. This is the rate you have told us you intend to pay. Please confirm it against Fair Work's PACT calculator before this letter is sent, as penalty rates and casual loadings may apply to particular shifts.

Award or agreement: Your employment is covered by the [AWARD OR ENTERPRISE AGREEMENT NAME AND CLASSIFICATION LEVEL, e.g. Hospitality Industry (General) Award MA000009, Food and Beverage Attendant Grade 2]. Confirm the correct award and classification using Find My Award.

Superannuation: Superannuation contributions will be paid at the rate required by law into [FUND NAME], or a fund of your choice, or your stapled super fund if applicable.

National Employment Standards: Your employment is also subject to the National Employment Standards, which set out minimum entitlements for all employees in Australia.

Acceptance: Please sign and return a copy of this letter to confirm you accept this offer.

Yours sincerely,

___________________________

[YOUR FULL NAME]

[YOUR TITLE]

[BUSINESS NAME]

I, [EMPLOYEE FULL NAME], accept the offer of casual employment on the terms set out in this letter.

Signature: ___________________________

Date: ___________________________

*Note: This letter sets out basic terms only. Fair Work publishes a free employment contract template that is the recommended starting point for a more complete agreement. Bespoke contract clauses, such as restraint of trade, confidentiality or IP terms, should be drafted by an employment lawyer.*

3. What you must give them on day one

Giving the employee these two documents is a legal requirement, not optional.

1. Fair Work Information Statement: Every new employee must receive this. Download it here: Fair Work Information Statement.

2. Casual Employment Information Statement: Because this is a casual hire, you must also give this statement at the start of employment. Download it here: Casual Employment Information Statement.

Hand these over on day one, or before. Keep a record that you did.

4. Day-one checklist

  • [ ] TFN declaration: Have the employee complete a Tax File Number declaration form. See PAYG withholding for what to do with it.
  • [ ] Super choice: Give the employee a Superannuation standard choice form within 28 days of their start date. If they do not nominate a fund before their first contribution is due, request their stapled super fund from the ATO before paying into a default fund. See stapled super funds.
  • [ ] Bank details: Collect the employee's bank account details for payroll.
  • [ ] Emergency contact: Record an emergency contact name and number.
  • [ ] Induction: Cover your workplace safety procedures, WHS obligations apply from day one.
  • [ ] Pay slips: You must issue a pay slip within one working day of each payday. See pay slips for what must be included.
  • [ ] Record-keeping: Employee time and wages records must be kept for 7 years, be readily accessible, be in English, and not be altered except to correct an error. See record-keeping and pay slips.
  • [ ] Single Touch Payroll: STP reporting is mandatory for all employers with at least one employee. Report on or before each payday.
  • [ ] Payday super: From 1 July 2026, super must be received by the employee's fund within 7 business days after each payday. See super guarantee rates and thresholds.

5. If this is a casual hire

This is a casual hire, so the following applies.

The employee-choice pathway

After at least 12 months of employment with your business (if you have fewer than 15 employees), your casual employee may give you written notice that they believe they no longer meet the definition of a casual employee and wish to change to permanent full-time or part-time employment. This pathway has applied to small business employers since 26 August 2025.

If you have 15 or more employees, the qualifying period is 6 months.

The employee cannot give this notice at any earlier point. It is their right to give the notice, not yours to initiate for a small business employer.

Your response obligation

Once the employee gives written notice, you must respond in writing within 21 days. Your response must address whether you accept or refuse the change, and if you refuse, the grounds for doing so.

See Fair Work's guidance on casuals becoming permanent for what your written response must cover, including the permitted grounds for refusal.

For general information on employing casuals, see casual employees.

Sources

This is general information and an AI-assisted draft based on public Fair Work guidance. It is not legal or employment advice. Confirm the pay rate in Fair Work's PACT calculator and have anything unusual checked by an employment lawyer before you sign it.

Free. Takes about 20 seconds. Nothing is stored. This doesn't need an account.