Free tool
Casual conversion (employee choice) response tool
For employers who have received — or expect to receive — a written 'employee choice' notification from a casual employee who wants to become permanent. Checks eligibility, calculates your 21-day response deadline, tests the permitted decline grounds, and drafts a written response letter (accept or decline).
Consult the employee and respond in writing by 22 July 2026 (21 days from the notification).
Non-small-business employers (15 or more employees): the employee-choice pathway commenced 26 August 2024.
Eligibility notes
- Tenure of 8 months meets the 6-month minimum (non-small-business employer).
- On these inputs, the employee is eligible to give an employee-choice notification.
Employer action checklist
- Confirm the employee is eligible to notify (tenure met, no current dispute, no notification/response in the last 6 months).
- Consult the employee about the notification before you respond.
- Provide a written response by 22 July 2026 — 21 days from the notification.
- In the acceptance, state whether the change is to full-time or part-time, the new hours, and the change date — after discussing with the employee.
- Keep a record of the notification, the consultation and your written response.
- Do not dismiss the employee or reduce their hours to avoid this obligation — general protections apply.
- If a dispute is unresolved, it can be referred to the Fair Work Commission.
Draft written response
[Employer name] 1 July 2026 Dear [Employee name], Re: Response to your notification about changing from casual to permanent employment We refer to the written notification you gave us on 1 July 2026 under the "employee choice" casual conversion provisions of the Fair Work Act 2009 (Cth), in which you notified us that you believe you no longer meet the definition of a casual employee. We have consulted with you about your notification. This letter is our written response, provided within 21 days of your notification as required. We accept your notification. Your employment will change from casual to permanent full-time employment. The details of the change are: - New employment type: permanent full-time - Hours of work: [set out the agreed hours of work] - Date the change takes effect: [change effective date] We have discussed these details with you before making the change. From the effective date above, you will accrue the leave and other entitlements that apply to permanent full-time employees, and you will no longer be paid a casual loading. If you have any questions about the change, please contact us. Yours sincerely, [Name] [Position] [Employer name]
Sources
Reference tool for employers — not legal advice. Confirm the current requirements with the Fair Work Ombudsman before responding, and seek advice on your specific circumstances. This tool does not calculate pay, loadings or entitlements.
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Frequently asked questions
- When did the 'employee choice' casual conversion pathway start?
- It commenced 26 August 2024 for non-small-business employers (15 or more employees) and 26 February 2025 for small business employers (fewer than 15 employees).
- How long does an employer have to respond to a notification?
- The employer must consult the employee and then respond in writing within 21 days of receiving the employee's written notification, stating whether it accepts the change or not.
- On what grounds can an employer decline?
- Only three: the employee still meets the definition of a casual employee; there are fair and reasonable operational grounds not to accept; or accepting would mean not complying with a recruitment or selection process required by or under a Commonwealth, State or Territory law.
- How long must an employee have been employed before they can notify?
- At least 6 months for most employers, or at least 12 months if the employer is a small business employer (fewer than 15 employees). The employee also can't be in a current dispute about casual status and can't notify within 6 months of a previous notification, response or resolution.
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