Casual Conversion 2026: Your Right to Become Permanent After 6-12 Months
Understand your right to convert from casual to permanent employment in Australia. Covers the employee-initiated conversion right, eligibility periods, the written request process, employer refusal grounds, and FWC dispute resolution.
Your right to request casual conversion (employee-initiated)
Since the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, Australia's casual conversion framework has been significantly reformed. The previous system — where employers were required to offer conversion — has been replaced with an employee-initiated right. This means the onus is now on you, the casual employee, to request conversion if you want to become permanent. Under the new framework, a casual employee can give their employer a written notification that they believe they no longer meet the definition of a casual employee and wish to convert to full-time or part-time employment. The new casual employee definition focuses on the real substance and practical reality of the employment relationship, not just what the contract says. If your working pattern has become regular and predictable, with a firm advance commitment from both you and your employer, you may no longer be a casual employee in substance — even if your contract says 'casual'. This is a fundamental shift from the old rules, which focused on the terms of the original offer of employment. Your employer must respond to your notification within 21 days.
Eligibility periods for casual conversion
To exercise your right to request casual conversion, you must have been employed for the minimum employment period. For employees of non-small businesses (15 or more employees), the minimum period is 6 months. For employees of small businesses (fewer than 15 employees), the minimum period is 12 months. During this time, you should have been working a regular pattern of hours on an ongoing basis that could be performed as a full-time or part-time employee. The key question under the new framework is whether, in practice, your employment relationship has the characteristics of permanent rather than casual employment. Indicators include: a regular and predictable work schedule, an expectation on both sides that work will continue, consistent rostering patterns, and a mutual understanding that you will turn up for scheduled shifts. If you only work irregularly or on an 'as needed' basis with no predictable pattern, you are less likely to meet the threshold for conversion. However, even if your hours vary somewhat, if there is an underlying pattern and mutual commitment, you may still be eligible. Use our Leave Entitlements Calculator to see what additional entitlements you would gain by converting to permanent employment.
How to make a written request for conversion
To initiate the conversion process, you need to give your employer a written notification. While there is no prescribed form, your notification should include: a clear statement that you are exercising your right under the Fair Work Act to convert from casual to permanent employment, the date you commenced casual employment, a description of your regular working pattern (e.g., 'I have worked Monday to Friday, 9am to 5pm, for the past 8 months'), and whether you are seeking full-time or part-time status. Keep a copy of your notification and note the date you provided it to your employer. Email is a good method because it provides a dated record. Your employer then has 21 days to respond. During this period, they may discuss the request with you and seek further information about your working pattern. If your employer agrees to the conversion, they must confirm the new employment status in writing, including your classification, hours, and the date the conversion takes effect. Your pay rate will be adjusted to remove the casual loading, but you will gain access to paid leave, notice of termination, and redundancy pay entitlements.
Grounds on which your employer can refuse
Your employer can refuse your casual conversion request, but only on specific grounds. The employer must have reasonable business grounds for refusal and must provide a written response setting out those grounds within 21 days. Fair and reasonable business grounds for refusal include: the employee's position will cease to exist within 12 months, the employee's hours of work will significantly change, the conversion would not comply with recruitment or selection processes required by law (e.g., in government employment), and substantial changes to the organisation that would prevent conversion. Importantly, the employer cannot refuse simply because they prefer the flexibility of casual employment, because it would cost more in leave entitlements, or because 'we have always done it this way'. The refusal must relate to genuine business reasons that make conversion impractical or inappropriate. If your employer refuses, they must explain the reasons clearly and in writing. If you believe the refusal is not based on genuine business grounds, you have the right to dispute the refusal through the Fair Work Commission.
FWC dispute resolution if your request is refused
If your employer refuses your casual conversion request and you believe the refusal is not justified, you can apply to the Fair Work Commission to have the dispute resolved. The FWC can deal with the dispute through mediation, conciliation, or, if necessary, arbitration. The Commission will examine whether you genuinely meet the criteria for conversion (i.e., whether your employment relationship in substance is no longer casual) and whether the employer's business grounds for refusal are fair and reasonable. If the FWC determines that you should be converted, it can make an order requiring the employer to convert your employment status. The FWC can also make orders about the terms of the conversion, including your hours, classification, and start date. There is no fee to apply to the FWC for a casual conversion dispute. You can represent yourself or be assisted by a union representative or other agent. If you are a union member, contact your union first — they can often resolve these issues directly with the employer without needing to go to the FWC. The entire dispute process typically takes 4-8 weeks. During this time, your employment continues on its current casual basis until a determination is made.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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