Changes to Casual Conversion

The government amended the Fair Work Act to change the definition of a casual employee and the way you convert from casual to permanent employment.

Since February 2025, casual employees can seek conversion to permanent employment under these provisions.

In the APS, all ongoing positions must be filled by a merit selection process. Casuals will still need to be rated suitable or in a merit pool or list in order to seek conversion under the laws.

CPSU win in the Fair Work Commission protects the right to casual conversion

In 2021 the CPSU took a case to the Fair Work Commission to make sure APS agencies applied the new casual conversion laws properly, instead of relying on loopholes to avoid offering eligible casuals ongoing employment.

After hearing the matter in early 2022, the Fair Work Commission found in favour of the CPSU, removing the loophole that allowed APS agencies to deny eligible casuals ongoing employment because there was “no existing vacancy”. This loophole would have given APS agencies an effective veto, allowing them to side-step the new laws.

This was a big win for casuals. It meant that casual employees must be offered permanency if:

• They meet the eligibility criteria for conversion under the Fair Work Act; and
• They have been rated suitable in a merit selection process for a similar role (same classification, similar location, similar duties), and have been placed in an active merit pool in the last 18 months.

As a CPSU members you get all the advice and support you need

• Advice and support – members have access to our staff from 8am to 8pm daily, for full advice and support to exercise the right to request permanency under the new laws. Call 1300 137 636.
• Resources for members only – members have access to resources including fact sheets on conversion rights, a template request form ready for members to submit to their supervisor, and support from our legal team (see member-only resources on this page)
• We hold agencies to account - as a member of the CPSU, you help win cases like this, to ensure casuals have the best shot possible at permanent APS employment.

Hundreds of new ongoing jobs

As a result of CPSU campaigning, hundreds of casuals in the ATO and Services Australia were made an offer of ongoing employment.

But we need to keep up the pressure. The CPSU will continue to press hard so that agencies meet their obligations under the Fair Work Act.