Long-Term Casual Never Offered Permanent Conversion? Recover the Entitlements

You’ve worked the same job for a year or more. The hours are regular, the shifts are predictable, you’re treated like everyone else on the team — but you’re still labelled “casual” and paid the casual loading instead of accruing leave. Since 26 August 2024 the Fair Work Act lets an eligible casual tell their employer in writing that they want to become permanent, and if you were never really a casual, there may be leave entitlements to recover.

The legal context — casual conversion under the Fair Work Act

Since 26 August 2024, the “employee choice pathway” lets a casual who has been employed for at least 6 months (12 months at a small business) give their employer written notice that they want to change to full-time or part-time employment, if they believe they no longer meet the definition of a casual employee. The employer must respond in writing within 21 days, and can refuse only if the employee still meets that definition or on fair and reasonable operational grounds. The old duty on employers to offer conversion after 12 months ended with a transitional period that finished on 26 February 2025. Separately, section 15A defines a casual employee by the absence of a firm advance commitment to continuing and indefinite work, looking at the real substance of the relationship rather than the contract label. Where a worker was treated as casual but in substance was not, they may be owed leave and other National Employment Standards entitlements, and section 545A lets the employer set off a clearly identifiable casual loading already paid.

Common employer defences and why they fail

• “You were happy with casual loading.” Section 15A focuses on the substance of the work relationship, not what the worker said about it.
• “Your contract says casual.” The label is not decisive. The pattern of work and firm advance commitment determine status.
• “We said no to your request.” The employer can refuse only on the grounds the Act allows, and must reply in writing within 21 days. A dispute about it can go to the Fair Work Commission.
• “Casual loading covers it all.” Section 545A allows the loading to be set off against the back-pay claim, but only where it was clearly identifiable as compensation for those entitlements.

The Letter of Demand approach

The Letter of Demand sets out the pattern of work, any conversion notice you gave and the reply, the resulting NES entitlements (annual leave accrual, personal leave accrual, redundancy pay if applicable), the casual loading offset calculation, and a 14-day deadline. It refers to the casual employee definition (section 15A) and the set-off rule (section 545A) of the Fair Work Act and flags the Fair Work Ombudsman and small-claims escalations.

What Claim Done delivers (flat fee)

Answer the wizard about your work pattern, your dates, your hours, and your rate. Claim Done generates a Letter of Demand citing the right Fair Work Act sections and the calculation of unpaid entitlements, as a PDF.

What to expect — and the Fair Work escalation

If the employer does not respond, the Fair Work Ombudsman handles complaints and the small-claims division of the Federal Circuit and Family Court hears underpayment claims directly. Note: this is a wage-recovery path, not an unfair-dismissal claim — those go to the Fair Work Commission and have strict 21-day filing deadlines that we don’t handle.