Casual to Permanent Conversion Eligibility Checker
What this calculator does: it checks whether you’re likely eligible to request conversion from casual to permanent employment under the Employee Choice Pathway, based on how long you’ve worked for your employer, your employer’s size, and your actual work pattern.
Casual to Permanent Conversion Eligibility Checker
How This Checker Works
Since 26 August 2024 (26 August 2025 for small businesses), casual conversion in Australia works through the “employee choice pathway” under the National Employment Standards. Instead of employers being required to proactively offer conversion, eligible casual employees can now give written notice requesting to move to permanent employment.
To be eligible, you generally need to have worked for your employer for at least 6 months (12 months if your employer is a small business with fewer than 15 employees), and genuinely believe you no longer meet the legal definition of a casual employee, most commonly because you’ve fallen into a regular, predictable pattern of hours that suggests an ongoing commitment to work, rather than a genuinely casual arrangement.
This tool gives a general indication only, not a legal determination. Your employer can still refuse a request on limited, specific operational grounds, and the final outcome depends on your specific circumstances. If your employer refuses and you disagree, you can raise it with the Fair Work Ombudsman or ultimately the Fair Work Commission.
How the Calculation Works
Under the Fair Work Act’s Employee Choice Pathway, casual employees who have worked for their employer for at least 6 months (or 12 months for small business employers, fewer than 15 employees) and who have been working a regular pattern of hours for at least the last 6 months can generally notify their employer they want to change to permanent employment. This checker walks through those core eligibility factors — it doesn’t cover every edge case (like genuine ongoing disputes or recent refusals), so treat it as a starting point.
Official Source
The Employee Choice Pathway is set out in the Fair Work Act 2009, as explained by the Fair Work Ombudsman (fairwork.gov.au). Employers must also give new casual employees the Casual Employment Information Statement, which explains this pathway.
Worked Examples
Example 1: Ben has worked as a casual at a large retail chain (200+ employees) for 8 months, on a regular Tuesday/Thursday/Saturday roster for the last 7 months. He meets the 6-month threshold for a non-small-business employer and has a regular pattern — he’s likely eligible to notify his employer he wants to convert.
Example 2: Sarah has worked as a casual at a small independent cafe (8 employees) for 9 months. Because her employer is a small business (fewer than 15 employees), the threshold is 12 months, not 6 — she’s not yet eligible, even though she’d qualify sooner at a larger employer.
Example 3: Tom has worked casual shifts at a warehouse for 14 months, but his hours vary significantly week to week with no consistent pattern. Even though he’s passed the time threshold, the lack of a regular pattern of hours over the last 6 months means he may not currently meet the “regular pattern” requirement.
Frequently Asked Questions
Can my employer refuse my conversion request?
Yes, but only on specific reasonable grounds — for example, if you don’t actually meet the eligibility criteria, or if converting would require significant changes to how the business operates. A refusal has to be based on reasonable business grounds, not just preference.
Does “small business” mean fewer than 15 employees exactly?
Yes — an employer with fewer than 15 employees at a given time is generally treated as a small business employer for this purpose, which affects the length-of-service threshold (12 months instead of 6).
What counts as a “regular pattern of hours”?
Broadly, working similar days and/or times most weeks over the relevant period, rather than genuinely unpredictable, on-call-style shifts. There’s some judgement involved here — if your roster is close to regular but not identical every week, it can still count.
Do I have to convert if I’m eligible?
No — it’s called the Employee Choice Pathway because the choice is yours. Being eligible doesn’t mean you’re required to convert if you’d rather stay casual.