Employers offering casual conversion

Employers (except small business employers) need to make a written offer to convert their casual employee to permanent employment within 21 days after the employee’s 12-month anniversary, if the employee:

  • has been employed by the employer for 12 months
  • has worked a regular pattern of hours on an ongoing basis for at least the last 6 months
  • could continue working these hours as a full-time or part-time employee without significant changes.

The offer needs to be for the employee to convert to:

  • full-time employment, if the employee’s hours worked for at least the last 6 months have been the same as full-time hours, or
  • part-time employment (consistent with the employee’s regular pattern of hours worked for at least the last 6 months), if the employee’s hours worked for at least the last 6 months have been less than full-time hours.

Find out whether an employee’s hours are full-time or part-time by checking:

  • the relevant award or agreement (if the employee is covered by one), or
  • the hours worked by other full-time or part-time employees who work in the same or a similar position.

For more information about permanent employment, including hours and entitlements, go to:

Existing casual employees

By 27 September 2021, employers (other than small business employers) need to assess whether any of their existing casual employees employed before 27 March 2021, are eligible to be offered to convert to permanent employment.

The employer needs to:

  • make a written offer to convert their casual employee to permanent employment (this must be done within 21 days after making the assessment), or
  • write to their employee explaining why they won’t be making an offer (this needs to be done within 21 days of making the assessment but by no later than 27 September 2021).

Employees responding to an offer

To accept an offer to convert, employees need to respond to their employer in writing within 21 days after getting the offer. If they don’t respond, their employer can assume that they’ve declined the offer.

Employers not making an offer

If an employer (except a small business employer) decides not to offer casual conversion, the employer needs to write to the employee within 21 days after the employee’s 12 month anniversary, telling them:

  • that they aren’t making an offer of casual conversion
  • the reasons for not making the offer.

The only reasons for not making an offer are:

  • the employee hasn’t worked a regular pattern of hours:
    • on an ongoing basis for at least the last 6 months
    • which they could continue working as a full-time or part-time employee without significant changes
  • the business has reasonable grounds for not making an offer (see: Reasonable grounds).

Employees requesting casual conversion

An eligible casual employee (except if they are employed by a small business employer) can make a request to convert to permanent employment from 21 days after their 12 month anniversary.

An eligible casual employee who works for a small business employer can make a request at any time on or after their 12 month anniversary.

To be eligible to request casual conversion, a casual employee:

  • needs to have been employed by the employer for at least 12 months
  • needs to have worked a regular pattern of hours on an ongoing basis for at least the last 6 months
  • could continue working these hours as a full-time or part-time employee without significant changes.

An employee isn’t eligible to make a request if, in the last 6 months:

  • they’ve refused an offer from their employer to convert to permanent employment
  • their employer has told them in writing that they won’t be making an offer of casual conversion because there was a reasonable ground not to make the offer
  • their employer has refused another request for casual conversion because there was a reasonable ground to refuse the request.

Casual employees who believe they’re eligible to become a permanent employee can make a request for conversion every 6 months.

Sometimes employees can still make a request even if their employer has told them in the last 6 months that they won’t be making an offer of casual conversion. Employees can only do this if they didn’t get an offer because they hadn’t worked a regular pattern of work in the 6 months before their earlier request, but they now have.