Learn how a casual employee can become a permanent employee (full-time or part-time).

On this page:

• Changing to permanent employment
• Making a notification
• Responding to a notification
• Disputes about changing to permanent employment
• Protections at work
• Tools and resources
• Related information

Changing to permanent employment

A casual employee can change to permanent employment (full-time or part-time) at any time if the employer and employee agree.

Casuals also have a pathway to permanent employment under the National Employment Standards. This is referred to as the ‘employee choice pathway’ on this page. Under these rules, eligible casuals can notify their employer in writing of their intention to change to permanent employment. An employer can only refuse the notice for certain reasons.

Making a notification

A casual can provide written notice to their employer to change to permanent (full-time or part-time) 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 currently engaged in an ongoing dispute with their employer about changing to permanent employment under the employee choice pathway, or
• in the last 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 (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.

Disputes about casual changes

Workplace problems can usually be fixed quickly when employees and employers work together to come up with a solution. Sometimes this isn’t possible and extra help is needed.

For more information on fixing workplace problems, go to Fixing a workplace problem.

If the problem is unresolved, employers and employees can seek further help from the Fair Work Commission – Resolving disputes.

In some circumstances the Federal Circuit Court can resolve casual employment disputes. For more information, go to Legal action in the small claims court.

Protections at work

An employer can’t take certain actions to avoid their obligations or an employee’s right 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 about their notice
• participate in a dispute about changing to permanent employment.

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

Source reference: Fair Work Act 2009 s.66A-66M casual conversion

Tools and resources

• National Employment Standards videos
• Pay and Conditions Tool
• Fair Work Commission

Related information

• Casual employees
• Hours of work
• Types of employees