Casual employee conversion (employee choice) review checklist
Casual conversion was overhauled by the Closing Loopholes No. 2 Act in 2024. Employees now drive the process through an employee choice notice. This checklist is for Australian employment lawyers advising employers and employees on the new framework.
This is a 12-step checklist for reviewing the new employee choice casual conversion framework under the Fair Work Act 2009 (from 26 August 2024) — covering the s 15A casual definition, employee choice notice, employer response, and FWC dispute process.
The checklist
Confirm the worker is a casual employee
Apply the new s 15A real substance test — absence of firm advance commitment and casual loading payable.
Check the 6 or 12 month qualifying period
Confirm the employee has been engaged for at least 6 months (12 months for small business employers).
Identify the trigger for conversion
Under the 2024 framework, conversion is triggered by an employee choice notice — not employer offer.
Receive and diarise the employee notice
Record the date of the employee choice notice — the employer has 21 days to respond.
Consult the employee on the notice
The employer must consult with the employee before making a decision to accept or reject.
Identify a fair and reasonable operational ground to refuse
Employers can only refuse on specified grounds including the s 15A definition still being met or fair and reasonable operational grounds.
Provide a written response within 21 days
The employer’s written response must accept, propose a different conversion, or refuse with reasons.
Determine new employment type and hours
If accepted, agree the new part-time or full-time hours and start date in writing.
Issue a new contract of employment
Prepare a new permanent contract reflecting classification, hours, and entitlements under the NES.
Address pay adjustment and casual loading
Stop casual loading on conversion and adjust the base rate. Do not reduce total remuneration below the NES.
Update the Casual Employment Information Statement
Provide the updated CEIS at the start of engagement, at 6 and 12 months, and on each anniversary as required.
Plan for FWC dispute resolution
If the employee disputes the refusal, prepare for FWC conciliation and, if needed, arbitration under s 66M.
When this checklist applies
Use when any casual employee approaches 6 or 12 months of engagement, or on receipt of an employee choice notice.
Common pitfalls
- Using the pre-August 2024 employer-offer framework
- Missing the 21-day response window — triggers FWC jurisdiction
- Refusing on non-specified grounds — unlawful
- Double-counting casual loading after conversion
- Not giving the CEIS at required intervals
Run this checklist on a real matter
Quillio runs the s 15A test, drafts employee choice responses, and prepares conversion contracts aligned to the 2024 rules on a live matter. See /practice-areas/employment-lawyers or start a free trial.
General guidance for casual conversion under the 2024 employee choice framework. Adapt for small business employers and award coverage.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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