In some situations, a casual employee has the right to choose to become a full-time or part-time employee. We may be able to help if the employer and casual employee disagree on the change.
On this page:
Changes to casual employment laws
The laws about changing from casual to permanent status are changing. For more information, see our Changes to casual employment laws fact sheet.
A new pathway from casual to full-time or part-time employment is now available for eligible employees in the Fair Work system, unless they are employed by small business employers. This new pathway is called 'employee choice'.
Until 26 August 2025, the casual conversion pathway will still apply to casual employees who:
- are employed by a small business employer, and
- started working for their employer before 26 August 2024.
For more information about these pathways, visit Becoming a permanent employee on the Fair Work Ombudsman’s website.
Introduction
A casual employee can change to full-time or part-time employment at any time if the employer and employee agree.
The National Employment Standards (NES) also give a casual employee the right to choose to become a full-time or part-time employee in some circumstances.
A casual employee can also choose to remain casual and not use this process.
If an employer and employee have a dispute about changing from casual to full-time or part-time employment and it can’t be resolved at the workplace level, we may be able to help.
For more information about the rules and processes relating to changing from casual to permanent status, contact the Fair Work Ombudsman on 13 13 94 or visit Becoming a permanent employee on their website.
Disputes about changing from casual employment to full-time or part-time employment
If you have a dispute with your employer or your employee about changing from casual employment, the first step is to try to resolve it by having discussions at the workplace.
See Resolve a dispute in your workplace for more information.
If your dispute is about employee choice
The employee choice pathway is now available to eligible casual employees, who aren’t employed by small business employers, and who want to change to full-time or part-time employment.
For more information, see Becoming a permanent employee on the Fair Work Ombudsman’s website.
If your dispute is about employee choice and you can’t resolve it at the workplace, you can ask us for help to resolve the dispute.
We can deal with the dispute by:
- mediation or conciliation
- making a recommendation or expressing an opinion, or
- if we can’t resolve the dispute that way, a Commission Member can decide the outcome (arbitrate).
If a Commission Member arbitrates, they can make any orders they consider appropriate, including that the employee:
- will continue to be treated as a casual employee, or
- will be treated as a full-time or part-time employee.
To apply to us to deal with the dispute, use Form F10A – Apply to resolve a dispute about changing from casual to full-time or part-time employment.
If your dispute is about casual conversion
The casual conversion pathway remains available for casual employees who:
- are employed by a small business employer, and
- started working for their employer before 26 August 2024.
For more information on casual conversion, see Offers and requests for casual conversion on the Fair Work Ombudsman’s website.
We may be able to deal with disputes about changing from casual employment under the casual conversion pathway.
Before you apply to us, you will need to check if you are covered by an award or agreement, or a contract of employment or another written agreement that includes a dispute resolution clause.
Employees who are covered by an award or agreement
Every modern award and enterprise agreement has a dispute resolution clause. The clause includes a step by step process for dealing with disputes about the terms of the award or agreement and in relation to the NES.
If you have a dispute with your employer about changing your casual status, read the dispute resolution clause in your award or agreement and follow the steps. Try to resolve the dispute at the workplace level first.
If you can’t resolve the dispute that way, and if the dispute resolution clause says you can, you can ask us for help to resolve the dispute.
Not sure if you’re covered by an award or agreement?
The Fair Work Ombudsman can help you find out. Call them on 13 13 94 or visit their website at www.fairwork.gov.au .
Looking for your award or agreement?
Find your award on the Fair Work Ombudsman's website or check our list of modern awards. You can download a copy of your agreement by using our agreement search.
Employees who don’t have an award or agreement
An employee who is covered by the national workplace relations system but who doesn’t have an award or an enterprise agreement may also be able to ask us to help with the dispute.
If you have an employment contract or other written agreement with your employer that has a process for dealing with casual status disputes, you need to follow that process.
Otherwise, if you are unable to resolve the dispute at the workplace level, you can refer the dispute to us.
Once we receive an application, we can deal with the dispute including by:
- mediation or conciliation
- making a recommendation or expressing an opinion, or
- in some circumstances, arbitration.
Employee rights & protections
An employer must not reduce or vary an employee’s hours of work, or terminate their employment, to avoid changing the employee's status to part-time or full-time employment.
An employer must not take adverse action against an employee who has exercised their rights relating to changing from casual to full-time or part time employment.
Adverse action against an employee includes:
- changing the employee’s role or hours for the worse
- dismissing the employee.
Find out more about these general protections laws.