Casual employees working regular hours may now ask for permanent role: Fair Work ruling

by Jason Roberts

October 02, 2018

Casual employees that have been employed for 12 months or more in the same role are now entitled to ask their employers for a permanent position, according to a ruling by the Fair Work Commission.


The ruling, which is applicable from 1 October 2018, allows casual employees who have worked regular hours for at least one year to apply for a permanent position. If the casual employee has worked an average of 38 hours per week for at least 12 months, they may request their position to be changed to a permanent full-time role. Employees who worked less than an average of 38 hours, but that regularly worked a ‘pattern of hours’, may ask for a permanent part-time position.


The request to move to a permanent position must be submitted to the employer in writing.


Employers are required to seriously consider the application, but may refuse the request by providing ‘reasonable grounds’ for doing so. ‘Reasonable grounds’ for refusal may be that the hours of work are expected to reduce in the future, or significantly change, or that the continuation of the role may not be required over the next 12 months.


For more information on the ruling, visit the Fair Work Commission website.