Moving from casual to permanent: what should my written notice contain?

What the new employee-choice pathway means

DLA Piper’s 2025 analysis discusses the replacement of the earlier casual-conversion system with the employee-choice pathway. Under current FWO guidance, an eligible casual can give written notice seeking permanent full-time or part-time employment if they believe they no longer meet the casual definition. This is a request under a defined process, not automatic conversion because a roster became regular. Use the current pathway and your actual work pattern rather than an old employer-offer timetable.

Eligibility: service length and the casual definition

Before you send a notice, check that you meet the basic eligibility requirements. FWO guidance states that you must have at least six months of employment with your employer, or twelve months if your employer is a small business. You must also genuinely believe that your current work arrangement no longer fits the legal definition of a casual employee—for example, because your shifts have become regular and predictable. However, a regular pattern alone is not enough; the overall nature of the arrangement matters. Check any previous notices, refusals or disputes that may affect whether a new notice can be given. Also verify how your service is counted, especially if you have had breaks or changes in employment.

What to include in your written notice

Your written notice should clearly state that you are requesting conversion from casual to permanent employment under the new employee-choice pathway. It should explain why you believe you no longer meet the casual employee definition, based on your actual work pattern. Include relevant facts such as your start date, the regularity of your shifts, how shifts are offered and accepted, and any changes in your roster over time. If you have previously given or received a notice about conversion, or if there have been any disputes about your status, mention those as well. Keep a copy of the notice and note the date you gave it to your employer. This is not a statutory form; it is a preparation guide. Always check the official FWO process for any required format or additional steps.

The employer's response: what to expect

After you give your notice, the employer must consult with you and respond in writing within 21 days. If the employer accepts your request, the response should confirm whether you will become full-time or part-time, your guaranteed hours, and the effective date of the change. If the employer refuses, the response must state the reasons for the refusal. Keep the notice and the employer's reply together, along with the dates. If the employer does not respond within 21 days, that silence does not automatically mean your request is approved or denied; it simply means you may need to follow up or seek advice. The eventual outcome depends on the facts and the legal process.

Comparing your pay and conditions before and after

Before the change takes effect, write down your current guaranteed hours, pay rate, casual loading, leave entitlements, and roster obligations. Then compare these with what the employer states will apply after conversion. Ask when the first payslip reflecting the new terms will be issued, so you can verify the change. This comparison helps you spot any discrepancies. For example, if you currently receive a casual loading on top of your base rate, that loading may cease once you become permanent, but you may gain paid leave and more predictable hours. Understanding the full package—not just the hourly rate—is essential.

If the dispute remains unresolved

If you and your employer disagree about your eligibility, the conversion, or the terms offered, first use your workplace's internal grievance or dispute resolution process. If that does not resolve the issue, you can contact the Fair Work Ombudsman (FWO) or the Fair Work Commission for guidance on the relevant pathway. When you do, bring your written notice, the employer's reply (if any), and any records of your work pattern, such as rosters and payslips. Be specific about what you are asking: for example, 'I requested conversion on [date], and the employer refused. What are my options?' This will help the agency assist you effectively.

Hypothetical illustration: regular shifts and a proposed new pattern

Imagine a casual employee in a non-small-business retail employer who has worked every Saturday for the past eight months, with shifts always offered and accepted in the same way. The employee believes the arrangement is now regular and predictable, so they prepare a written notice stating their belief and the facts. They give the notice to the manager and keep a copy. The employer responds within 21 days, accepting the request and confirming part-time status with 20 guaranteed hours per week. The employee then compares the new terms with their previous casual arrangement, noting that the casual loading is removed but paid leave is now available. If the employer had refused, the employee would ask for the reasons and consider next steps. In this scenario, what would you do if the employer's response did not specify the effective date?

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