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

Under the Fair Work Act 2009, casual employees of regular employers (15+ employees) must be offered conversion to permanent if they have been employed for at least 12 months AND have worked a regular pattern of hours over the last 6 months that could continue without significant adjustment. Small business employers (under 15 employees) are not required to offer conversion but employees can request it.

What counts as a 'regular pattern of hours' for casual conversion?

The Fair Work Act doesn't define 'regular pattern' precisely. Recent Fair Work Commission and Federal Court decisions look for: same days of the week worked over multiple weeks; similar hours each shift / each week; predictability — the employee can reasonably expect the work to continue; pattern observed over at least the last 6 months.

Can my employer refuse to offer me conversion?

Yes, but only on 'reasonable grounds'. Reasonable grounds include: the position is going to cease in the next 12 months, your hours will significantly reduce, or your work pattern will significantly change. The employer must give you written notice of the refusal within 21 days of the conversion-eligibility anniversary, with reasons. You can challenge the refusal at the Fair Work Commission.

What happens if my employer doesn't offer conversion when they should?

If the employer is required to offer conversion (15+ employees, employee meets criteria) and doesn't, the employee can lodge a dispute at the Fair Work Commission. Civil penalties up to $93,900 per contravention apply. The Fair Work Ombudsman can also investigate.

Casual Conversion Eligibility Tracker (Australia)

Date-aware countdown to your casual conversion eligibility milestone. Plus: what employers must do, what they can refuse on, and what to do if they don't offer.

Last verified: 21 May 2026

Eligibility = 12+ months of casual employment AND a regular pattern of hours over the last 6 months that could continue. Employers with 15+ employees must offer in writing within 21 days of the anniversary.

When am I eligible?

Enter the date you started as a casual employee with your current employer. The tool calculates your 12-month eligibility milestone and the employer's 21-day offer deadline.

Casual start date

What happens at the 12-month milestone

21-day employer deadline. Employers with 15+ employees must, within 21 days of the 12-month anniversary, either OFFER conversion in writing OR notify the employee that conversion is being refused on reasonable grounds (with the reasons).
Pattern test. Must have worked a regular pattern over the last 6 months that could continue without significant adjustment. If your pattern has been irregular or your hours have varied widely, you may not meet this.
Acceptance period. If the offer is made, the employee must respond within 21 days. Failure to respond is treated as a refusal.
Subsequent eligibility. If the offer is refused or declined the first time, the employee may become eligible again later if circumstances change. They can also request conversion at any time after 12 months.

Reached eligibility but no offer?

Use the Casual Conversion Request Letter to formally request conversion. Or use the Eligibility Checker to confirm you meet the criteria first.

Casual to Permanent in 2026: New Conversion Rights & How to Request It

Understand the new casual-to-permanent conversion rights in Australia for 2026. Learn about employee-initiated conversion, eligibility requirements, how to make a written request, employer grounds for refusal, and the financial implications of converting including losing casual loading but gaining leave entitlements.

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.

Casual to Permanent Conversion: Your Right to Go Full-Time

Understand your casual conversion rights in Australia for 2026. Learn when your employer must offer permanent employment, how to request conversion, and what to do if your employer refuses.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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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