Casual to full-time or part-time employment

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. This is called the ‘employee choice’ pathway.

A casual employee can also choose to remain casual and not use this process. 

If an employer and employee don’t agree on the change, and can’t resolve it at work, we might be able to help.

Employee notice

If eligible, a casual employee can tell their employer that they choose to become a full-time or part-time employee by giving them a written notice. To be eligible, a casual employee must:

• have worked for the employer for at least 6 months, or 12 months if they work for a small business employer, and
• believe they no longer meet the definition of casual employee.

They can’t give their employer a written notice to change to full-time or part-time work if:

• they’re already in a dispute with their employer about making the change
• their employer refused a notice in the last 6 months
• they resolved a dispute with their employer about employee choice in the last 6 months. 

Employer response 

The employer must discuss the notice with the employee before replying. They then need to give a written response within 21 days of getting the notice.

If the employer accepts the notice, the casual employee will become a full-time or part-time employee. 

The employer may refuse the notice if:

• the employee still meets the definition of casual employee
• there are fair and reasonable operational grounds to refuse the notice, or
• it would break a law about how they hire or choose staff.

For more information about the rules and processes relating to changing from a casual to a full-time or part time employee, visit Becoming a permanent employee on the Fair Work Ombudsman’s website.

If you have a dispute with your employer or your employee about changing from casual employment to full-time or part-time employment, the first step is to try and resolve it by having discussions at the workplace. 

See Resolve a dispute in your workplace for more information. 

If the dispute can’t be resolved at the workplace, we may be able to help. 

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.

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.