Becoming a permanent employee

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

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 (NES). This is referred to as the ‘employee choice pathway’. 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 notice

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.

Casuals employed before 26 August 2024

The pathway to permanent employment under the NES changed from 'casual conversion' to 'employee choice' on 26 August 2024.

Employment before 26 August 2024 isn't counted when assessing eligibility for the employee choice pathway.

If eligible, a casual who was employed immediately before 26 August 2024 can issue a notice under the employee choice pathway:

  • from 26 February 2025, if not employed by a small business, or
  • from 26 August 2025, if employed by a small business.

The casual conversion pathway available before 26 August 2024 is still available for some casuals for a transitional period. Find more information at Offers and requests for casual conversion.

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.

Casuals employed before 26 August 2024

A casual employed before 26 August 2024, also can’t provide notice if in the last 6 months:

  • they’ve refused an offer from their employer to convert to permanent employment
  • their employer has told them in writing that they won’t be making an offer of casual conversion, or
  • their employer has refused a previous request for casual conversion.

Tip: Use our notice template

Use our Notifying your employer that you want to change to permanent employment Notifying your employer that you want to change to permanent employment – checklist and notification template to make a notice under the employee choice pathway.

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.

Tip: Use our template to respond to a notice

Use our Responding to an employee’s notice to change to permanent employment Responding to an employee’s notice to change to permanent employment – checklist and response template to confirm next steps and accept an employee's notice in writing.

Example: Employee choice about casual employment

Mariana works as a casual cleaner at a large contract cleaning company. She started this job after 26 August 2024.

Mariana has been working for her employer for 9 months. Her employer:

  • rosters her to work every week from 8 am to 1 pm, Monday to Friday
  • has always been able to offer her work
  • believes it’s reasonably likely Mariana will have ongoing work available in the future
  • has part-time employees working in the same role.

Mariana gives her manager, Victor, a written notice under the employee choice pathway because she believes she no longer meets the definition of casual employment.

Victor and Mariana discuss the notice, including what her status and hours of work would be and when the change would take effect. Victor accepts the notice in writing and confirms the details of their discussion. This includes that she will start as a part-time employee in two weeks’ time, working 8 am to 1 pm, Monday to Friday.

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.

Tip: Use our template to respond to a notice

Use our Responding to an employee’s notice to change to permanent employment Responding to an employee’s notice to change to permanent employment – checklist and response template to confirm what steps an employer needs to take when responding to an employee's notice.

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

Related information

Have a workplace problem?

Problems can happen in any workplace. If you have a workplace problem, we have tools and information to help you resolve it.

Check out our Fixing a workplace problem section for practical information about:

  • working out if there is a problem
  • speaking with your employer or employee about fixing the problem
  • getting help from us if you can't fix the problem.

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