Published 13 August 2024 | Updated 26 February 2025

A new pathway was introduced for eligible employees to change to full-time or part-time (permanent) employment if they want to. This is known as the ‘employee choice pathway’.

On this page:

• New employee choice pathway
• Making a notice
• Responding to a notice
• Transitional arrangements
• Disputes about casual changes
• Protections at work
• Tools and resources
• Related information

New employee choice pathway

Casuals have a new pathway to full-time or part-time (permanent) employment under the National Employment Standards (NES). The ‘employee choice pathway’ allows eligible casuals to notify their employer in writing of their intention to change to permanent employment. An employer can only refuse the notice for certain reasons.

These rules replaced the previous rules for changing to permanent employment.

Making a notice

A casual is able to provide written notice to their employer to change to permanent employment under the employee choice pathway if they:

• have been employed for at least 6 months (12 months if employed by a small business)
• believe they no longer meet the requirements of the casual employee definition.

A casual can’t provide notice if they:

• are engaged in an ongoing dispute with their employer about changing to permanent employment under the employee choice pathway, or
• in the previous 6 months, their employer refused a previous notice or they've resolved a dispute with their employer about employee choice under a relevant dispute resolution process.

Responding to a notice

Before responding, the employer must consult with the employee. This includes discussing certain details of what will change if the employer accepts the notice and the employee is no longer a casual employee. This includes whether the employee would be full-time or part-time, what their hours of work would be, and when the change would take effect.

The employer must respond in writing to the employee within 21 days of the employee giving the notice, either:

• accepting the change, or
• not accepting the change.

Accepting the change

If the employer accepts the change, the written response must include information about:

• what the new employment status will be (for example, full-time or part-time)
• the employee’s new hours of work
• when the change will take effect.

Changes must take effect from the first day of the employee’s first full pay period starting after the employer gives their response, unless the employee and employer agree to another day.

Not accepting the change

If the employer doesn’t accept the change, the written response must include the reasons for the decision.

Reasons can only be any of the following:

• the employee still meets the definition of a casual employee
• there are fair and reasonable operational grounds for not accepting the notification, such as:
  • substantial changes would be required to the way work in the employer’s business is organised
  • there would be significant impacts on the operation of the employer’s business, or
  • substantial changes to the employee’s employment conditions would be necessary to ensure the employer doesn’t break rules (such as in an award or agreement) that apply to the employee.
• accepting the change would mean the employer won’t comply with a recruitment or selection process required by law.

Transitional arrangements

The casual conversion pathways available before 26 August 2024 continue to be available for some employers and their casuals employed before 26 August 2024 for a transitional period.

Find more information at Offers and requests for casual conversion.

Access our updated information:

• Becoming a permanent employee
• Offers and requests for casual conversion

Disputes about casual changes

If a dispute arises and can’t be resolved at the workplace level, the dispute can be heard by the Fair Work Commission (the Commission).

The Commission would generally first try to resolve the dispute in an informal way. This includes by mediation or conciliation.

If the dispute still isn’t resolved, the Commission is able to arbitrate the dispute. This is a more formal process and can result in a legally binding decision.

Find our more at the Commission’s Casual to permanent status page, or read their Fact Sheet about casual employment laws.

Protections at work

An employer can’t take certain actions to avoid their obligations or an employee’s rights to change to permanent employment. This includes:

• reducing or varying an employee’s hours of work
• changing an employee’s pattern of work, or
• terminating an employee’s employment.

Casual employees are also protected against adverse action by an employer because they have a workplace right, including their right to:

• notify their employer that they believe they no longer meet the definition of a casual employee
• receive a written response from their employer in relation to their notice
• participate in a dispute about changing to permanent employment.

For more information on protections from adverse action, see Protections at work.

We’ve updated our Becoming a permanent employee page to reflect these changes.

Tools and resources

• Closing Loopholes – what's changing
• Department of Employment and Workplace Relations – Closing Loopholes fact sheets

Related information

• Closing loopholes: Casual employment changes
• Types of employees
• Casual employees
• Becoming a permanent employee