Conversion process for casual employees - update

Existing casual employees are those who commenced employment before 26 August 2024, which is when the employee choice pathway commenced.

Any period of employment as a casual employee before 26 August 2024 will not be recognised for the purposes of eligibility to participate in the employee choice pathway.

This means that the earliest date an existing casual employee can commence the conversion process via the employee choice pathway is 26 February 2025 or 26 August 2025 for casual employees that are employed by small business employers.

Existing casual employees can request to convert to permanent employment under the previous provisions before these dates. In other words, the previous casual conversion provisions will be available to existing casual employees until 26 February 2025 or for employees of small businesses 26 August 2025 (transitional period).

What are the casual conversion provisions during the transitional period?

If during the transitional period a casual employee who has worked a regular pattern of hours reaches 12 months service, their employer has an obligation to offer casual conversion and casual employees have a “residual right” to request to convert.

Example:

Kate starts employment as a casual employee for a small business on 1 January 2024, working 25 hours per week on a regular basis.

Kate can access the transitional arrangements because she commenced employment before 26 August 2024, so the previous casual conversion entitlements apply to her.

Kate’s employer makes her an offer to convert to part-time employment and Kate declines this offer, as she enjoys the flexibility of casual work.

From 26 August 2025, Kate can access the employee choice pathway. Please refer to our article from last month for more information about the employee choice pathway.