How long do you have to be a casual before you can convert to permanent in Australia?

Under the employee choice pathway in the Fair Work Act 2009 (Part 2-2 Division 4A, from 26 August 2024), a casual can give their employer written notice that they want to become permanent once they have been employed for at least 6 months, or 12 months if the employer is a small business employer (fewer than 15 employees), and they believe they no longer meet the casual definition in s15A (s66AAB). Employers no longer have to offer conversion.

Do I need a regular pattern of hours to convert?

Not as a separate requirement. The question is whether you still meet the casual definition in s15A: whether, looking at the real substance and practical reality of the job, there is a firm advance commitment to continuing and indefinite work. The factors include whether the employer can choose to offer work and you can choose to accept or reject it, whether continuing work is reasonably likely, whether permanent staff do the same kind of work, and whether there is a regular pattern of work. A regular pattern is one indicator but doesn't decide the question on its own.

Can my employer refuse my request to convert?

Yes, but only on the grounds in s66AAC: you still meet the casual definition; there are fair and reasonable operational grounds; or accepting would mean not complying with a recruitment or selection process required by law. The employer must consult you and give you a written response within 21 days of your notification, with reasons if it refuses. You can take a dispute to the Fair Work Commission (s66M).

What if my employer doesn't respond to my notification?

Employers don't have to offer conversion, so there is nothing to wait for until you notify. Once you have given written notice, your employer must respond in writing within 21 days (s66AAC). If they don't, raise it with them first; if it isn't resolved, you can ask the Fair Work Commission to deal with the dispute (s66M). The Fair Work Ombudsman can also help.

Casual Conversion Eligibility Tracker (Australia)

Date-aware countdown to when you can ask to go permanent. Plus: your employer's 21-day response deadline, what they can refuse on, and what to do if they don't respond.

Last verified: 2 August 2026Jump to calculator ↓

Under the employee choice pathway (from 26 August 2024), a casual can give written notice to convert after 6 months' employment, or 12 months with a small business employer (fewer than 15 staff), if they believe they no longer meet the casual definition. The employer must respond in writing within 21 days. Employers no longer have to offer conversion.

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Casual Conversion Eligibility Tracker (Australia)

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