Casual for six months? You can ask to go permanent.

Is your job still really casual?

Your status does not change by itself. If you started as a casual you stay casual until you convert through this process, accept an offer of permanent work, or the Commission orders a change. The test below is what you rely on when you notify. Under the Act you are casual only if there is no firm advance commitment to continuing and indefinite work, judged on the real substance of the relationship, not just the label in your contract, and you are entitled to a casual loading or casual rate. The things that point toward a firm commitment include:

• your employer cannot really choose whether to offer you work, or you cannot really choose whether to accept it;
• the kind of work you do is likely to keep being available;
• full-time or part-time staff do the same kind of work;
• you work a regular pattern of hours.

No single factor decides it, and a regular pattern of hours on its own does not make you permanent. A commitment can come from your contract or from a mutual understanding shown by how the job has actually run.

Who can notify

• You have been employed for at least 6 months, or at least 12 months if your employer has fewer than 15 employees.
• You believe you no longer meet the definition of a casual employee.
• In the last 6 months your employer has not refused a previous notification from you, and you have not had a dispute about casual conversion resolved through the formal dispute process.
• You do not have a dispute about casual employment currently being dealt with through the dispute process.

The notification must be in writing. Say that you believe you no longer meet the casual definition and why, and whether you want full-time or part-time work.

Your employer's response

Before replying, your employer must consult you. It must then respond in writing within 21 days, either accepting or refusing.

If it accepts, the response must say whether you are moving to full-time or part-time, your hours, and the start date. The change starts on the first day of your first full pay period after the response, unless you both agree on another day.

It can refuse only because:

• you still meet the definition of a casual employee;
• there are fair and reasonable operational grounds, such as needing substantial changes to how work is organised, significant impacts on the business, or substantial changes to your terms to keep within the award; or
• accepting would breach a recruitment or selection process required by law (mostly relevant in the public sector).

A refusal must give reasons. If you disagree, you must first try to sort it out at work; if that fails, either side can refer the dispute to the Fair Work Commission.

What changes if you convert

• You stop receiving the casual loading.
• You start accruing paid annual leave and personal leave, and become entitled to notice and, after 12 months' service with a business of 15 or more employees, redundancy pay. Earlier casual time does not count toward notice or redundancy service.

Do the sums first. For some people the loading is worth more than the leave; for others, security and leave are the point.

You cannot be punished for asking

Giving a notification is a workplace right. Your employer cannot cut your shifts, sack you or otherwise act against you because you made one. If that happens, see general protections.

What the law says

• s 15A the definition of a casual employee
• s 66AAB who can notify, and when
• s 66AAC consultation, the 21-day written response, the grounds for refusal
• s 66AAD when the change takes effect
• s 66M resolving disputes at work first, then the Commission
• ss 117(4), 119(3) casual time does not count for notice or redundancy pay
• s 341(2)(ia) a notification is a workplace right

Sections are of the Fair Work Act 2009 (Cth).

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