Casual conversion is the right of eligible casual employees to request conversion to permanent employment after a qualifying period under the NES.
Legislation: Fair Work Act 2009 s 66A-66MA | Category: Employment Types
What is Casual Conversion?
Casual conversion is the right of eligible casual employees to request conversion to permanent (full-time or part-time) employment after a qualifying period of employment. Since March 2021, casual conversion rights have been included in the National Employment Standards.
Employers are no longer required to offer employees casual conversion, but employees can request it.
For non-small business employers (15+ employees), casual employees may request to convert to permanent employment after 6 months if they have worked a regular pattern of hours for at least the last 6 months that could continue as a permanent employee.
For employers who are small business employers (15 employees), casual employees may request conversion after working for the employer for 12 months, provided their hours.
Key Compliance Points for Employers
- Casual employees in Australia with at least 6 months’ service (or 12 months for small business employers) can request to convert to permanent, full-time, or part-time employment. This request must be made in writing.
- Employers must provide a response in writing to a request within 21 days. Prior to providing the response, employers must consult with the employee before making a decision.
- Requests can be refused on specified grounds, which must be documented. This includes where the employee still meets the legal definition of a casual employee (i.e., the change would require significant and impractical changes to the business).
- The Casual Employment Information Statement must be provided to all new casual employees
- Employees can request conversion every 6 months after an unsuccessful request
- If an employer accepts a request for casual conversion, the employer must detail what type of permanent employment the employee will change to, the hours of work, and the date the employee’s change to permanent employment will take effect.
Frequently Asked Questions
What is Casual Conversion?
Casual conversion is the right of eligible casual employees to request conversion to permanent employment after a qualifying period under the NES.
Why is Casual Conversion important for employers?
Understanding casual conversion helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
