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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 — up to $7.825 million for a company, up to 10 years imprisonment for an individual. Getting the rate right stopped being an administrative matter.

One thing Komiti won't do: tell you the correct award rate. We don't hold award pay-rate data, and guessing one in this area 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: A waiter in a hospitality venue takes orders, serves food and beverages, and interacts with customers in a café, restaurant, or similar setting.
  • Industry: Hospitality (NSW).
  • Award match: The most likely covering award is the Hospitality Industry (General) Award 2020 (MA000009) [unverified — confirm via Find My Award]. This award covers employers in the restaurant, café, hotel, and catering sector and their employees performing food and beverage service work.
  • Classification level: A waiter with general service duties most likely sits at Food and Beverage Attendant Grade 2 or Grade 3 within that award, depending on their experience and the complexity of their duties (e.g., taking orders from a menu, making basic beverage recommendations, operating a point-of-sale system) [unverified — confirm via Find My Award].

> ⚠️ This is an indicative match only — not a determination. Award coverage depends on the specific nature of the business and the employee's actual duties. Confirm the correct award and classification level using Find My Award before you send the offer letter.

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Confirming the rate before you send anything

You've told us you intend to pay $29.00 per hour. Komiti cannot tell you whether that rate is correct — we don't hold award rate data, and stating a rate that turns out to be wrong is a risk you need to manage yourself.

Please do this now, before sending the offer:

1. Go to the Pay and Conditions Tool (PACT) — it's free and authoritative.

2. Select the Hospitality Industry (General) Award 2020, the correct classification level, casual employment type, and any applicable shift patterns (e.g. weekends, late nights, public holidays). Casual employees are entitled to a casual loading on top of the base rate, and penalty rates apply on weekends and public holidays — PACT will show you all of these.

3. Compare every component against $29.00/hr before proceeding.

Two things to be aware of:

  • Award minimum wages are reviewed annually by the Fair Work Commission and changes generally take effect from the first full pay period on or after 1 July each year. A rate that was correct last financial year is very likely wrong now.
  • Since 1 January 2025, intentional underpayment of wages is a criminal offence in Australia, with serious penalties for businesses and individuals. This isn't said as an accusation — it's simply why checking PACT first matters.

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2. Offer letter

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LETTER OF OFFER — CASUAL EMPLOYMENT

[Business name]

[Business address]

[Date]

[Employee full name]

[Employee address]

Dear [Employee first name],

Re: Offer of Casual Employment — Waiter

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

Position: Waiter

Employment type: Casual

Casual employment means you will be engaged on an as-needed basis. Each shift is a separate engagement, and you have no guarantee of ongoing or regular work. You are entitled to a casual loading in accordance with the applicable Modern Award or industrial instrument — please see the Award reference below.

Start date: [Insert start date]

Place of work: [Insert workplace address]

Hours: Your hours will vary from week to week. Shifts will be offered and confirmed by [Insert how — e.g. roster, text, email] at least [Insert notice period] in advance. There is no guaranteed minimum number of hours per week.

Rate of pay: The rate of pay the employer intends to pay is $29.00 per hour (inclusive of the applicable casual loading). This rate will be reviewed in accordance with any changes to the applicable Modern Award minimum rates. You are encouraged to confirm this rate against the Fair Work Pay and Conditions Tool (PACT) at https://calculate.fairwork.gov.au/.

Award / industrial instrument: [Insert applicable Modern Award name and classification level — e.g. Hospitality Industry (General) Award 2020, Food and Beverage Attendant Grade 2 — confirm via Find My Award before inserting]

Superannuation: Superannuation contributions will be made in accordance with the Superannuation Guarantee at the rate required by law, currently 12% of ordinary time earnings (from 1 July 2025), paid to your nominated super fund.

Payroll: You will be paid [Insert pay frequency — e.g. weekly, fortnightly] by electronic funds transfer to your nominated bank account. Pay slips will be provided on or before each payday.

National Employment Standards: Your employment is subject to the National Employment Standards (NES) under the *Fair Work Act 2009* (Cth).

Fair Work Information Statement: Enclosed with this letter is the Fair Work Information Statement and the Casual Employment Information Statement, which you are required to receive before or as soon as practicable after starting work.

This offer is subject to:

  • [ ] Satisfactory proof of your right to work in Australia
  • [ ] Completion of a Tax File Number Declaration
  • [ ] Any other conditions noted here: [Insert if applicable, or delete]

Please confirm your acceptance of this offer by signing and returning a copy of this letter.

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Accepted by employee:

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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Signed on behalf of [Business name]:

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Position: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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> Note: For a more detailed employment contract, use Fair Work's official template at Fair Work templates. If you want bespoke clauses — such as restraint of trade, confidentiality, or IP assignment — those are a job for an employment lawyer, not this letter.

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3. What you must give them on day one

Giving these documents is a legal requirement under the *Fair Work Act 2009* — not optional.

| Document | Who gets it | Where to get it |

|---|---|---|

| Fair Work Information Statement (FWIS) | Every new employee, every time | Fair Work Information Statement |

| Casual Employment Information Statement (CEIS) | Casual employees — at the start of employment | Casual Employment Information Statement |

Print or email both before or as soon as practicable after the employee's first shift. Keep a record that you did it.

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4. Day-one checklist

  • [ ] Tax File Number (TFN) Declaration — employee completes; you withhold tax accordingly via PAYG withholding
  • [ ] Superannuation choice form — offer the employee their choice of super fund. If they don't nominate one, you must request their stapled fund from the ATO before defaulting to your fund — see Stapled super funds for employers
  • [ ] Bank account details — for payroll EFT
  • [ ] Emergency contact details
  • [ ] Right to work check — sight and record proof of work entitlement (passport, visa, etc.)
  • [ ] Induction — workplace safety, emergency procedures, role-specific training
  • [ ] Single Touch Payroll (STP) — report this employee's first pay event to the ATO on or before payday; STP is mandatory for all employers with at least one employee
  • [ ] Super timing — under Payday Super (from 1 July 2026), super must reach the employee's fund within 7 business days of each payday (20 business days for the very first contribution for a new employee)
  • [ ] Pay slips — must be provided on or before each payday; see Pay slips
  • [ ] Record keeping — employment records must be kept for 7 years (Fair Work requirement); general business records for 5 years (ATO). See Record keeping for business

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5. If this is a casual hire

This is a casual hire, so this section applies to you.

The employee-choice pathway (from 26 August 2025)

Since 26 August 2025, casual employees have a right to notify their employer in writing that they believe they no longer meet the definition of a casual employee — that is, that their engagement now has a firm advance commitment to continuing work on an agreed pattern.

Your obligations when you receive such a notification:

  • You must respond in writing within 21 days.
  • Your response must either agree to convert the employee to permanent (full-time or part-time), or explain in writing why you believe they still meet the casual definition.
  • As a small business (fewer than 15 employees), you are not required to proactively offer conversion — but you must still respond within 21 days if the employee raises it.

Keep a copy of every notification and every response. Failing to respond, or responding late, creates legal exposure.

> When the time comes and you receive a written notification from a casual employee, Komiti can generate your 21-day written response letter for you. Just come back with the details.

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Sources

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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.