Casual employment in Australia — full guide
Casual employees make up around 25% of the Australian workforce. The 2024 Closing Loopholes amendments changed how casual employment works, who can convert to permanent, and what employers must do. This hub anchors every FairWork Mate tool and guide you need to check your rights.
Got a specific casual situation? Ask our workplace advisor →Do casuals get…? Quick answers
| Do casuals get… | Answer | Basis |
|---|---|---|
| Paid annual leave? | No. Casuals are paid a loading (usually 25%) or a casual rate instead | NES; award casual clause |
| Paid sick leave? | No. 2 days' unpaid carer's leave per occasion | NES (s 102) |
| Paid family and domestic violence leave? | Yes, 10 days a year, the same as permanent staff | NES |
| Unpaid compassionate leave? | Yes, 2 days per occasion | NES (s 104) |
| Paid public holidays? | Not for days you don't work. If you work one, the award's public holiday rate applies | Award penalty rates |
| Penalty rates and overtime? | Yes, as set by your award, on top of or including the loading | Award |
| Superannuation? | Yes, on ordinary time earnings like any employee | Superannuation guarantee |
| Notice of termination or redundancy pay? | No, even after long regular service | FW Act s 123 excludes casuals |
| Unfair dismissal protection? | Yes, if you've worked on a regular and systematic basis with a reasonable expectation of continuing, for the minimum period | FW Act s 384(2) |
| Long service leave? | In some states and territories, yes | State and territory LSL laws |
| Unpaid parental leave and flexible work requests? | Yes, after 12 months' regular and systematic work with a reasonable expectation of continuing | NES |
| A pathway to permanent? | Yes. Written notice after 6 months (12 months for a small business); 21-day written response | NES employee choice pathway |
Source: Fair Work Ombudsman, Casual employees, checked 9 October 2026. Awards and enterprise agreements can add to these minimums. If your employer is pushing you from permanent to casual, read can my employer change me to casual?
Calculators & tools
Casual Conversion Eligibility Check
Are you eligible to convert? Run the 6/12-month + regular pattern test.
Casual Conversion Tracker
Date-aware countdown — when can you ask? When does the employer's 21-day window expire?
Casual Loading Calculator
What's your casual rate after 25% loading? Plus weekend, overtime, public-holiday combinations.
Casual vs Part-Time Comparison
Which gives you more take-home? Side-by-side over a year.
Pay Rate Lookup (casual rates included)
Award rates by classification — both base and casual rates shown.
Back Pay Calculator
If you've been underpaid the casual rate, calculate what's owed.
Guides & explainers
Casual conversion under the 2024 rules
The Closing Loopholes changes explained in plain English.
Fair Work casual loading: 25% on top
Why casuals get loading, when it does and doesn't compound.
Casual employee rights: complete guide
Pay, leave, conversion, NES, public holidays — everything in one place.
Casual vs permanent: which pays more?
Side-by-side of pay, leave, stability and tax treatment.
FAQ
What is casual employment under Australian law?
Under the 2024 Closing Loopholes amendments to the Fair Work Act, a person is a casual employee if their employment relationship has no firm advance commitment to ongoing work and they receive a casual loading (typically 25%). The 'no firm advance commitment' test looks at the real substance of the relationship, not just the contract label.
How does casual conversion work in 2026?
Since 26 August 2024 the NES 'employee choice' pathway applies: a casual who has been employed for at least 6 months (12 months for a small business under 15 employees) and believes they no longer meet the casual definition can give written notice to change to full-time or part-time. The employer must consult, then respond in writing within 21 days, and can only refuse on limited grounds, with reasons. A casual and employer can also agree to a change at any time.
What is the casual loading rate?
The standard casual loading is 25% on top of the base hourly rate, paid to compensate casual employees for not receiving paid leave, notice of termination, or redundancy pay. Some awards set different rates — check yours specifically.
Can casuals get the same penalty rates as permanents?
Yes. Casual loading and penalty rates are typically separate entitlements. For example, a casual working Sunday at a 175% penalty rate under MA000009 gets the casual base rate (already including 25% loading) multiplied by 175%. Always check your award — some awards compound differently.