Still called a casual after months of regular shifts? Check the employee choice pathway

You know your usual shifts. Your manager knows when to roster you. Yet the employment paperwork still calls you casual.

That situation is worth understanding before deciding what to ask for. Under the National Employment Standards, eligible casual employees can use the employee choice pathway to notify an employer that they want to change to permanent employment. It is not an automatic change simply because the roster looks familiar. [1]

This explainer concerns the national workplace relations system. Check whether the rules apply to your employment and seek advice about your own circumstances.

Check the conditions before sending a notice

Fair Work says a casual can provide written notice under the pathway after at least six months of employment, or 12 months with a small business, if they believe they no longer meet the casual-employee definition. Its guidance also sets out restrictions involving recent refusals and ongoing disputes. [1]

Those qualifications matter. A screenshot showing only the six-month threshold leaves out part of the test.

Read the current casual definition alongside the pathway page. Fair Work's casual-employment guidance explains that the employment relationship must be assessed under the relevant rules. The label on the contract and the pattern of hours should not be treated as the whole answer on their own. [2]

Think through what you want to change

A practical preparation exercise is to write down the arrangement you would like: the proposed days, the hours you need and any questions about how pay and leave would work.

For a hypothetical worker studying two days a week, permanent part-time employment might be the arrangement they want to discuss. Another person might value the ability to decline shifts. The preference needs to be understood before a formal notice is drafted.

Ask for a comparison of the proposed conditions rather than assume every element stays the same. If a pay figure is discussed, clarify what it includes and whether it is an hourly amount or an estimate for a particular roster.

Use a record that can be followed

Keep your contract, recent rosters and relevant correspondence together. Record when employment began and any previous request or response. Dates can affect the pathway, so distinguish a confirmed date from a recollection.

Fair Work provides a checklist and notification template on its permanent-employment page. Start with that official material if you decide to use the formal pathway. [1]

Avoid copying an online letter that threatens a particular penalty or promises a guaranteed outcome. The purpose of the notice is to make the relevant request clearly, with the facts needed to assess it.

Read the response carefully

The employer must consult before responding. If it does not accept the change, the written response must give reasons; Fair Work's guidance explains the permitted grounds and dispute process. [1]

Save the response and compare it with the guidance rather than judge it only by whether it says yes or no. Where there is disagreement, seek workplace advice about the next step and any applicable time requirements.

Fair Work's casual guide is a useful broader reference. [3] This article does not decide whether a particular reader qualifies or whether a refusal is lawful. It helps you arrive at the conversation with a clear request, accurate dates and the right questions.