Can I convert from casual to permanent in Australia?

Yes. Under the Employee Choice Pathway introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, casual employees can notify their employer in writing that they wish to convert to permanent employment. You must have been employed for at least 6 months (large employer) or 12 months (small employer) and have worked a regular pattern of hours that could continue as a permanent employee.

What is the Employee Choice Pathway?

The Employee Choice Pathway is the process under the Fair Work Act (s66AAC) that allows casual employees to give written notification to their employer that they want to convert to permanent (full-time or part-time) employment. It replaced the previous employer-initiated conversion process from 26 August 2024. The employer can only refuse on reasonable business grounds and must respond in writing within 21 days.

Do I lose my casual loading when I convert?

Yes. When you convert from casual to permanent employment, you will no longer receive the 25% casual loading. However, you gain access to paid annual leave (4 weeks), personal/carer's leave (10 days per year), redundancy pay entitlements, notice of termination, and other NES protections. The total value of these entitlements often exceeds the casual loading.

Can my employer refuse casual conversion?

Your employer can only refuse your conversion request on reasonable business grounds. These may include that the employee's position will cease, hours will significantly reduce, or changes to working days/times would not be able to accommodate permanent employment. The employer must provide written reasons for refusal within 21 days and the employee can dispute the refusal through the Fair Work Commission.

Casual to Permanent Conversion Checker

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Under the Employee Choice pathway (from 26 August 2024; 26 August 2025 for small business), a casual employed for at least 6 months — 12 months for a small business employer (under 15 staff) — who no longer meets the casual definition can notify their employer in writing of their choice to convert to permanent. The employer must respond within 21 days and can only refuse on specified grounds. This replaced the old rules where the employer had to offer conversion.

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