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Casual Employee Choice Pathway — Written Notice to Change to Permanent Employment

A written notice process under the National Employment Standards allowing an eligible regular casual employee to notify their employer of their intention to convert to permanent (full-time or part-time) employment under the employee choice pathway.

Issuing authority

Fair Work Ombudsman

Official source

fairwork.gov.au

Cost

Free

Deadline

Employer must respond within 21 days of receiving the employee's notice

How to apply

  1. Check eligibility: you must have been employed as a casual for at least 6 months (or 12 months if your employer is a small business employing fewer than 15 employees), and you must believe you no longer meet the definition of a casual employee (i.e., you have a firm advance commitment to continuing and indefinite work).
  2. Note the transition date: employment before 26 August 2024 does not count toward the 6/12-month period; casuals employed before that date became eligible to give notice from 26 February 2025 (large employers) or 26 August 2025 (small business employers).
  3. Download the FWO template notice from the Fair Work Ombudsman website (fairwork.gov.au/templates) — search for 'Notifying your employer that you want to change to permanent employment' — or draft your own written notice.
  4. Complete the written notice stating your name, the date, your current casual employment details, and your intention to change to full-time or part-time permanent employment.
  5. Give the written notice to your employer — keep a copy for your own records.
  6. Your employer must respond in writing within 21 days, either accepting the change and confirming the new employment type, hours, and commencement date, or refusing on one of the limited permitted grounds (e.g., the role requires a casual).
  7. Before responding, the employer must consult with you about the proposed change, including discussing hours of work and when the change would take effect.
  8. If your employer does not respond within 21 days or refuses on impermissible grounds, you may lodge a dispute with the Fair Work Commission or contact the Fair Work Ombudsman on 13 13 94.
  9. Employers must also note their own proactive obligations: they must give every new casual employee a Casual Employment Information Statement (CEIS) at the start of employment and at set intervals thereafter.

Related topics

casual conversionemployee choice pathwaycasual to permanent employmentNES casual conversion noticeFair Work casual employment changeregular casual permanent requestwritten notice casual to full-timecasual employee 6 months permanentFair Work Ombudsman casual conversionClosing Loopholes Act casual changescasual conversion 2024 2025employer response casual noticecasual employment information statement CEIScasual to part-time request Australia

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