For employees
Casual conversion refused: your options, the dispute route and whether you need a lawyer
Casual employees who have been working a regular pattern for a while can tell their employer in writing that they believe they are no longer casual, and the employer has to answer in writing within 21 days. Plenty of employers say no, and some react by cutting the hours of the person who asked. This page is for casuals who have been refused, or are afraid of what will happen if they ask, and it covers the rules, the dispute route, the free help and when a lawyer is worth it. It is general information, not legal advice.
Updated . General information, not legal advice.
Time limits that apply
| What | Limit | Source |
|---|---|---|
| Eligibility to give an employee choice notification | After 6 months of employment; 12 months if the employer is a small business | fairwork.gov.au/starting-employment/types-of-employees/casual-employees/becoming-a-permanent-employee |
| Employer's written response to the notification | Within 21 days | fairwork.gov.au/starting-employment/types-of-employees/casual-employees/becoming-a-permanent-employee |
| General protections application if you were dismissed after asking | 21 days from the dismissal | Fair Work Act s 366 |
| Underpayment recovery if your casual status was wrong | 6 years back from the date of the claim | Fair Work Act s 544 |
Do you need a lawyer for this?
Advice usually pays for itself when
- Your hours were cut or your shifts stopped after you gave notice. That is potentially adverse action for exercising a workplace right, and it can carry real money.
- You have been casual for years on a fixed roster and the entitlements a permanent would have received are in play, which makes it a back pay question.
- The refusal letter gives reasons that do not match reality, and the employer has HR or lawyers behind it.
- You have been dismissed since asking. The general protections deadline is 21 days.
The free route is usually enough when
- You have not given written notice yet. The free conversion tool drafts it and the Ombudsman page explains the steps.
- The employer refused with reasons that seem genuine (the role is ending, the hours are truly irregular) and nothing bad has happened to you since.
- You mainly want to understand whether you are actually still casual under the definition. The tools answer that in words.
- You are a union member. Conversion disputes are bread and butter for unions.
What are the rules, briefly?
The Fair Work Act has an employee choice pathway. After 6 months of employment, or 12 months if the employer is a small business (fewer than 15 employees, counted by head, regular casuals included), a casual who believes they no longer meet the definition of casual can give the employer written notice saying so. The employer must respond in writing within 21 days. It can accept, or it can refuse, and the Fair Work Ombudsman's page linked below sets out the grounds on which a refusal can be made. The free casual conversion tool drafts the notice and explains what a proper response looks like. This page does not restate the definition of casual employment; the casual employment hub does that. The rest of this page is about what happens when the answer is no.
What can I do if the employer refuses?
Three things, in rough order. First, read the reasons. A refusal comes in writing, and the reasons are where a weak refusal shows itself: a claim that your hours are irregular when your roster has not changed in a year, or a restructure that never arrives. Second, raise a dispute. The Act sets out a dispute process for conversion refusals that starts at the workplace and can go to the Fair Work Commission, and the Ombudsman's page describes the steps. Third, if the refusal is really a misclassification, meaning you were never genuinely casual, the question becomes what entitlements you have missed, and that is an underpayment matter with a 6-year recovery period (Fair Work Act s 544). A lawyer or the Ombudsman can help you tell those three apart.
What if my hours were cut after I asked?
This is the fear that stops many casuals asking, and the law has an answer for it. Giving an employee choice notification is exercising a workplace right. Cutting your shifts, dropping you from the roster or ending the engagement because you asked is adverse action, and the general protections apply. The reverse onus means the employer must prove the notification was not a reason for the change (Fair Work Act s 361). If the engagement was ended, the claim must reach the Commission within 21 days (s 366). If the hours were cut but you are still employed, there is no Commission deadline, but a court claim must start within 6 years (s 370). Screenshots of rosters before and after the notice are the evidence. The existing guide on casual shifts stopping covers this scenario step by step.
What does the dispute process look like?
It starts with the employer. A written note saying you dispute the refusal and asking for a meeting is usually the first step, and the award or agreement may have its own dispute clause that applies. If it is not resolved, the dispute can go to the Commission, which can conciliate and, where needed, decide the matter. The Commission's decision is about whether you should be treated as permanent from a date, not about paying you compensation for the past. That is why the back pay question, where it exists, is a separate underpayment matter. This page does not state a fee for a conversion dispute; the Commission's fees page linked below is the current source for what applies, and the Ombudsman can confirm it on the phone.
When does paying a lawyer pay for itself?
Liquid Employment Lawyers is a paid legal service that FairWork Mate refers people to. It is not free government help, and for most refusals the free route is enough: the notice, the reasons, the dispute process, and a union or the Ombudsman if it stalls. A lawyer pays for themselves in two situations. One is retaliation: your hours were cut or you were let go after asking, which is a general protections claim with a reverse onus and a 21-day deadline where a dismissal is involved. The other is misclassification with money behind it: years of a fixed roster, leave never accrued, and a back pay question that has to reckon with the casual loading already paid, which is a calculation that gets argued. The first conversation through FairWork Mate is free; scope and fees are agreed with the firm directly.
What is the free route?
The Fair Work Ombudsman is free on 13 13 94, and its becoming-a-permanent-employee page is the official description of the employee choice pathway, including the grounds for refusal and the dispute steps. FairWork Mate's tools are free: the casual conversion tool drafts the notification and checks eligibility, the casual loading calculator shows in words how the loading compares with permanent entitlements, and the general protections checker tests a retaliation claim. The casual employment hub covers the definition and the wider rules, and the existing guide on casual shifts stopping covers the roster scenario. A union member can have the dispute run at no extra cost. Whatever route you take, keep the notice, the response and the rosters before and after. Those three documents are usually the whole case.
Free FairWork Mate tools for this
Talk to Liquid Employment Lawyers about this
Share a few details and their team will be in touch to talk it through. No obligation, and you decide whether to go further after that first conversation.
Liquid Employment Lawyers is an Australian employment law firm and FairWork Mate's paid referral partner, not free Fair Work advice. They discuss scope and any fees with you directly. FairWork Mate is not affiliated with the Fair Work Commission or the Fair Work Ombudsman. For free general guidance, use the tools above or call the Fair Work Ombudsman on 13 13 94.
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Common questions
Can my employer just ignore my notice?
The employer must respond in writing within 21 days. Silence is itself a problem for the employer, and the Ombudsman on 13 13 94 can take it up. Keep proof that you sent the notice and when.
What grounds can an employer refuse on?
The Fair Work Act sets out limited grounds, and the Fair Work Ombudsman's page linked on this page lists them. The reasons come in writing. Reasons that do not match your actual roster or the employer's actual plans are the usual sign of a refusal worth disputing.
Will I lose my casual loading if I convert?
Converting to permanent generally means moving to the permanent rate with leave and other entitlements instead of the loading. The casual loading calculator shows the trade-off in words for your award. It is a decision, not just a right, and some casuals prefer to stay casual.
Is Liquid Employment Lawyers free?
No. It is a private employment law firm and a paid partner FairWork Mate refers to. The first conversation through FairWork Mate is free; fees are discussed with the firm after that. The Fair Work Ombudsman is free on 13 13 94, and FairWork Mate's tools are free.
I was never really casual. Can I claim back pay?
Possibly, and this is the version that needs advice. Entitlements a permanent would have received can be claimed for up to 6 years back (Fair Work Act s 544), but the casual loading already paid is taken into account, and the result depends on the award and the roster. A lawyer or the Ombudsman can help work out whether there is anything left after that.
Official sources
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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