When does casual employment become permanent?

The rules changed — and the power shifted to employees

Plenty of "casual" employees work regular, predictable shifts for months or years without ever missing a roster. For a long time, whether that employee could become permanent largely depended on their employer choosing to offer it. That's no longer the case — the law now gives eligible employees the ability to initiate conversion themselves.

What actually makes you "casual"

Under the current law, whether you're genuinely a casual employee comes down to the real substance of your working relationship — not just what your contract or letter of offer calls you. The key question is whether there's a genuine absence of a firm advance commitment to ongoing, indefinite work, alongside receiving a casual loading in place of entitlements like paid leave. If, in practice, you're working a firm, regular pattern with a real expectation of ongoing work, the label "casual" on your contract may no longer reflect your actual employment relationship.

The employee choice pathway

Rather than waiting for your employer to offer conversion, you can give your employer written notice that you believe you no longer meet the definition of a casual employee and that you want to convert to permanent (full-time or part-time) employment. To be eligible, you generally need to have been employed for at least 6 months (12 months if you work for a small business).

What happens after you apply

Once you give notice, your employer must consult with you and respond in writing within 21 days. They can only refuse your request on limited grounds — namely that you still genuinely meet the definition of a casual employee, that there are fair and reasonable operational grounds for refusing, or that agreeing would breach a legally required recruitment or selection process. Simply preferring to keep you casual, or wanting to avoid the cost of leave entitlements, isn't a valid reason to refuse.

What to do if your employer refuses, or you're not sure

If you think you no longer fit the definition of a casual employee, start by keeping a record of your actual roster pattern over recent months — regularity, predictability, and any commitments made about ongoing work. If you've applied to convert and been refused on grounds that don't seem to hold up, or you're unsure whether you're eligible, it's worth having your situation reviewed before accepting your employer's answer.

This article is general information only and does not constitute legal advice. Whether you're entitled to convert to permanent employment depends on your specific circumstances — speak with one of our employment lawyers about your situation.

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