An eligible casual can give written notice choosing to become full-time or part-time after the required employment period if they believe they no longer meet the casual-employee definition. The employer must consult and respond in writing within 21 days.
Key takeaways
- Six months of service, or 12 months with a small business, does not automatically create permanent status.
- The employee must believe the practical relationship no longer meets the casual definition.
- The employer may refuse only on the grounds specified in the Fair Work Act.
- Avoidance and retaliation are prohibited, and unresolved disputes may go to the Fair Work Commission.
What is a casual employee?
Under s 15A of the Fair Work Act 2009 (Cth), casual status depends on whether the employment relationship is characterised by no firm advance commitment to continuing and indefinite work and whether the employee is entitled to a casual loading or specific casual pay rate.
The assessment looks at the real substance, practical reality and true nature of the relationship. Relevant matters include whether work can be offered and rejected, whether ongoing work is reasonably likely, whether permanent employees perform the same work and whether there is a regular pattern. Regular shifts are relevant but do not automatically make someone permanent.
Who may use the employee-choice pathway?
The pathway is part of the National Employment Standards. An employee may give notice if they:
- have worked for the employer for at least six months, or 12 months if the employer is a small-business employer; and
- believe they no longer meet the legal definition of a casual employee.
A casual may instead remain casual. The parties can also agree to permanent employment at any time, including before the statutory minimum period.
How does the employee give notice?
The notice must be in writing and state that the employee chooses to change to full-time or part-time employment because they believe they no longer meet the casual definition. It should identify the employee, role, start date and the practical facts supporting that belief. The Fair Work Ombudsman provides a notice template.
A new notice may be restricted while a dispute is already ongoing or for six months after certain earlier refusals or dispute outcomes. Transitional restrictions can also affect some employees who began before 26 August 2024.
How must the employer respond?
The employer must first consult the employee about the proposed status, hours and commencement date. It must then respond in writing within 21 days.
If accepted, the response must record whether employment will be full-time or part-time, the hours and the effective date. Unless another date is agreed, the change begins on the first day of the first full pay period starting after the response.
A refusal must give reasons and rely on one of the permitted grounds:
- the employee still meets the casual definition;
- there are fair and reasonable operational grounds; or
- acceptance would breach a recruitment or selection process required by law.
What changes after acceptance?
As a casual
- Casual loading or a specific casual rate commonly applies.
- Most paid annual and personal leave does not accrue.
- Hours are not guaranteed as a defining feature.
- Notice and redundancy pay generally do not apply under the National Employment Standards.
As a permanent employee
- The casual loading usually stops.
- Paid annual and personal/carer's leave generally accrue.
- Full-time or agreed part-time hours apply under the relevant instrument.
- Notice and potentially redundancy entitlements may apply.
The employee should compare the award or enterprise agreement, hours and overall conditions rather than assuming either status is always financially better.
Examples
Regular continuing work
A casual at a large business has worked nine months on the same Monday-to-Friday roster, ongoing work is likely and part-time employees do the same role. These facts may support an employee-choice notice.
Genuinely irregular work
An event worker freely accepts or rejects isolated shifts and work depends on unpredictable bookings. Even after six months, the relationship may still satisfy the casual definition.
Small-business timing
A casual with eight months at a genuine small business has not yet completed the 12-month gateway, although the parties may agree to permanent employment earlier.
Disputes and protections
The parties should try to resolve a disagreement at work first. If that fails, the Fair Work Commission may assist through mediation, conciliation, recommendations, opinions or, where the statutory conditions are met, arbitration. Form F10A is used to apply.
An employer must not reduce or vary hours, change a work pattern or terminate employment to avoid the pathway. The employee's rights are also protected by the general-protections provisions.
Sources and further reading
Primary legislation and official government guidance were prioritised. Links checked 25 August 2026.
Important notice
Lexplain provides general legal research and information only. It is not a law firm and does not provide legal advice, representation or personalised conclusions. Laws and individual circumstances can differ. Check the current law and obtain professional advice where needed.