Casual Conversion Notice Template (Australia)
Since 26 February 2025, eligible Australian casual employees have a statutory right to give written notice to their employer requesting conversion to permanent (full-time or part-time) employment. Our free template covers both directions — the Employee Choice Notice and the Employer Response — and is compliant with the Fair Work Act 2009 Part 2-2 Division 4A, as introduced by the Closing Loopholes No. 2 Act 2024.
ABN: 78 654 321 098
To Coastal Retail Group Pty Ltd:
I, Liam P. Anderson, am currently employed by you as a casual employee in the role of Senior Sales Associate, having commenced employment on 14 March 2025.
I give this notice under section 66AAA of the Fair Work Act 2009 (Cth) ("the FW Act"), advising you that I wish to change from casual employment to permanent (full-time or part-time) employment under the Employee Choice Pathway introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth).
2.1 Employment Period: The Employee's service commenced on 14 March 2025 and the Employee has been employed for at least 6 months as required by section 66AAB of the FW Act for non-small business employers (Employee Choice Pathway available from 26 February 2025).
2.2 Casual Employee Definition: The Employee was engaged as a "casual employee" within the meaning of section 15A of the FW Act, as amended by the Closing Loopholes No. 2 Act 2024. The Employee Choice notice operates on the basis that the Employee believes they no longer meet that definition.
2.3 Basis of Notice: Since 1 September 2025 I have consistently worked a regular roster of five 7.6-hour shifts (Mon–Fri, 9am–5pm with 30-minute unpaid break) and have rarely been offered alternative hours. My roster has been provided four weeks in advance and I have been the only Senior Sales Associate covering the Bondi Junction concept store. This pattern of work is systematic, regular, and reasonably predictable; I no longer meet the definition of a casual employee under s 15A of the FW Act.
3.1 Requested Status: The Employee requests conversion to full-time employment.
3.2 Proposed Hours: The Employee proposes regular hours of 38 hours per week, consistent with the pattern of work described above.
3.3 Effective Date: The Employee proposes that the conversion take effect on 7 July 2026 (subject to mutual agreement on the precise commencement date during the consultation process).
3.4 Consultation: The Employee acknowledges that the Employer must consult with the Employee about hours, status, and effective date before responding, in accordance with section 66AAB of the FW Act.
4.1 Consultation Meeting Date: 4 June 2026.
4.2 Attendance: The Employee attended the consultation meeting.
4.3 Matters Discussed: Met at the Bondi Junction store with the Area Manager (Sarah Chen). Discussed proposed full-time roster, transition to permanent status, removal of 25% casual loading and corresponding new annual leave / personal leave accruals. Discussed effective start date.
4.4 Agreed Terms: Full-time at 38 hours per week, Mon–Fri 9am–5pm, commencing 7 July 2026, at the General Retail Industry Award Level 4 rate of AUD 30.25 per hour (without casual loading).
This consultation record is retained by the Employer in accordance with the record-keeping obligations of the FW Act and the Fair Work Regulations 2009 (Cth).
5.1 Modern Award: The Employee's permanent employment is governed by the General Retail Industry Award 2020 (MA000004).
5.2 Classification Level: Retail Employee Level 4, with the corresponding minimum hourly rate set out in the applicable Modern Award or Enterprise Agreement.
6.1 Previous Casual Rate: The Employee's previous hourly rate as a casual employee was 37.81 AUD per hour, which included the 25% casual loading.
6.2 New Permanent Rate: The Employee's new hourly rate as a permanent employee is 30.25 AUD per hour. The 25% casual loading has been removed in accordance with the applicable Modern Award or Enterprise Agreement; this is offset by the new entitlement to paid annual, personal, and public holiday leave.
7.1 No Adverse Action: The Employee notes that taking action because the Employee has made a request under the Employee Choice Pathway is prohibited by the general protections in Part 3-1 of the FW Act. Any dismissal, alteration of position to the Employee's prejudice, or other adverse action because of this notice may be unlawful and remediable through the Fair Work Commission and Federal Circuit and Family Court of Australia.
7.2 Dispute Process: If a dispute arises about the operation of the Employee Choice Pathway or the Employer's response, the dispute may be referred to the Fair Work Commission under section 66AAE of the FW Act. The Commission may resolve the dispute by conciliation, mediation, or arbitration.
7.3 No Pyramid Notices: The Employee acknowledges that, following a refusal or resolved dispute, a further notice under section 66AAA cannot be given within 6 months from the date of refusal or dispute resolution, in accordance with section 66AAB(7) of the FW Act.
What Is a Casual Conversion Notice?
A Casual Conversion Notice is the formal written exchange between an Australian employer and a casual employee under the new Employee Choice Pathway introduced into the <em>Fair Work Act 2009 (Cth)</em> by the <em>Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth)</em>. The pathway replaced the old employer-driven casual conversion regime with an employee-led model, in force from <strong>26 February 2025</strong> for non-small businesses and <strong>26 August 2025</strong> for small businesses (fewer than 15 employees).
The exchange has two stages. The <strong>Employee Choice Notice</strong> is given by the casual employee to the employer under section 66AAA of the FW Act, stating that the employee believes they no longer meet the definition of a casual employee under section 15A and requesting conversion to permanent employment. The <strong>Employer Response</strong> follows under section 66AAB — the employer must consult with the employee and respond in writing within 21 days, either accepting the notice (and converting the employee) or refusing on one of three limited statutory grounds: the employee still meets the casual definition; fair and reasonable operational grounds; or a statutory recruitment/selection process.
The reform reflects two decades of Australian industrial tension over casual employment, beginning with the High Court's decision in <em>WorkPac Pty Ltd v Skene</em> [2018] FCAFC 131 and the legislative response in the 2021 amendments. The 2024 reforms add criminal Wage Theft penalties (s. 327A FWA, in force 1 January 2025) for intentional underpayment of employee entitlements, making accurate conversion documentation more important than ever. According to the Fair Work Ombudsman, approximately 23% of the Australian workforce was employed casually as at 2025 — and the pathway represents one of the most significant changes to Australian employment law in a generation.
What's Covered in This Template
Our template handles both directions of the s. 66AAA / s. 66AAB exchange and adapts to small or non-small business employers.
Two Document Modes
Single template covers both the Employee Choice Notice (from employee to employer) and the Employer Response (within 21 days). Choose direction at the top of the form.
Eligibility Declaration
Automatic 6-month rule (non-small business) or 12-month rule (small business <15 employees) tied to the FW Act commencement dates.
Pattern of Work Statement
Detailed statement supporting the employee's belief that they no longer meet the s. 15A casual employee definition — systematic, regular, and predictable hours.
Requested Conversion Details
Full-time vs part-time, proposed hours per week, and effective start date.
Employer Acceptance Clause
Sets out the new permanent status, hours, effective date, new pay rate (without 25% loading), and NES leave entitlements.
Employer Refusal — s. 66AAB(4) Grounds
Refusal must specify one of the three limited grounds — the template enforces this with hint text and statutory references.
Expert: Consultation Record
Date, attendance, matters discussed, and agreed terms — primary evidence in any Fair Work Commission dispute under s. 66AAE.
Expert: Modern Award / EA Reference
Identifies the applicable Award (e.g., General Retail Industry Award 2020) and classification level for accurate rate calculation.
Expert: Pay Rate Adjustment
Old loaded rate, new permanent rate, casual loading removed, and any backpay — defends against Wage Theft criminal claims under s. 327A FWA.
General Protections Notice
Adverse action by employer because of the notice is prohibited by Part 3-1 of the FW Act; template includes this notice for both parties.
FWC Dispute Pathway
Reference to s. 66AAE dispute resolution via the Fair Work Commission (conciliation, mediation, or arbitration).
No Pyramid Notices Rule
Acknowledges the s. 66AAB(7) bar on further notices within 6 months of a refusal or resolved dispute.
How to Create a Casual Conversion Notice
Follow these steps to prepare a notice or response that complies with Part 2-2 Division 4A of the FW Act.
- 1
Choose the Direction
Select Employee Choice Notice if you are the casual employee requesting conversion, or Employer Response if you are the employer responding to a notice within the statutory 21-day period.
- 2
Confirm Eligibility
For non-small business employers, the employee must have at least 6 months of service. For small business employers (<15 employees), at least 12 months. Confirm the employer's small-business status.
- 3
Document the Work Pattern (employee notice)
Describe the systematic, regular, and reasonably predictable pattern of work that supports your belief that you no longer meet the s. 15A casual employee definition. Be specific: dates, roster patterns, hours per week, advance notice of shifts.
- 4
Conduct Consultation (employer response)
Before responding, consult with the employee about the proposed status (full-time vs part-time), hours, and effective date. The template includes an Expert section to record the consultation — essential evidence in any FWC dispute.
- 5
Sign, Date, and Deliver
Sign and date the notice. The employer's 21-day response clock starts when the employee's notice is given. The response must be in writing. Both parties should retain signed copies for FW Ombudsman record-keeping requirements.
Legal Considerations
The Employee Choice Pathway is highly technical and carries significant penalties for non-compliance.
This template is for informational purposes only and does not constitute employment law advice. The Employee Choice Pathway is new (in force from 26 February 2025), and disputes are increasingly being referred to the Fair Work Commission. Seek advice from an employment lawyer if the request involves a contentious work pattern, an industry under significant operational pressure, or potential adverse action concerns.
Reviewed for Australian law
Eligibility — Section 66AAB Pre-Conditions
An employee can give a notice under section 66AAA only if: (a) the employee has been employed for at least <strong>6 months</strong> (or <strong>12 months</strong> if employed by a small business — defined as an employer with fewer than 15 employees); (b) the employee believes they no longer meet the casual employee definition in section 15A; (c) the employee is not currently engaged in a dispute with the employer about converting; and (d) within the last 6 months, the employer has not refused a previous notice or had a resolved FW Act dispute about the employee's status. The employer must consult with the employee under section 66AAB before responding.
The New Section 15A Casual Definition
The <em>Closing Loopholes No. 2 Act 2024</em> rewrote section 15A to focus on the practical reality of the employment relationship, not just the original engagement. A person is a casual employee only if the engagement is on the basis of "no firm advance commitment to continuing and indefinite work according to an agreed pattern of work". Indicators of <strong>permanent</strong> employment include: a regular roster set weeks in advance, the employee being expected to attend specific shifts, the same shifts being worked each week, and "permanent-style" arrangements like paid leave. The Fair Work Ombudsman has issued detailed guidance on the new test, including the Statement of Casual Employee Choice Information that employers must provide.
Employer Refusal — Only Three Permitted Grounds
Under section 66AAB(4) of the FW Act, an employer can only refuse a notice on one of three grounds: <strong>(a)</strong> the employee still meets the casual definition under s. 15A; <strong>(b)</strong> there are fair and reasonable operational grounds for not accepting the notice; or <strong>(c)</strong> accepting the notice would result in the employer not complying with a recruitment or selection process required by a Commonwealth, State, or Territory law. The grounds must be stated in writing in the response, and a rejection on grounds other than these three exposes the employer to a FWC dispute under s. 66AAE. The Fair Work Commission may order conversion or compensation.
Wage Theft Criminal Offence (s. 327A FWA, 1 January 2025)
The intentional underpayment of an employee's entitlements is now a <strong>criminal offence</strong> under section 327A of the FW Act, in force from 1 January 2025. Maximum penalties include up to <strong>10 years imprisonment</strong> for individuals and the greater of <strong>3 times the underpayment amount or AUD 7.825 million</strong> for corporations (or AUD 1.565 million for individuals). Civil penalties also increased — up to AUD 99,000 per breach for serious contraventions. Accurate documentation of the pay rate transition (old loaded rate → new unloaded permanent rate) under the applicable Modern Award is essential to defend against any underpayment claim.
Adverse Action and General Protections
Under Part 3-1 of the FW Act, the employer cannot take "adverse action" against an employee because of a notice under section 66AAA. Adverse action includes dismissal, changing the employee's position to their prejudice, refusing to give work, or threatening any of these. Adverse action claims are heard by the Federal Circuit and Family Court of Australia and carry uncapped compensation (including for lost wages, future earnings, and emotional distress). The general protections regime makes intent irrelevant — even a coincidental change to the employee's roster after the notice can give rise to a claim if the employer cannot rebut the presumption that the action was because of the notice.
Frequently Asked Questions
Comply with the 2025 Employee Choice Rules
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