It can be frustrating when you're working regular hours as a casual employee but don't have the security of a permanent position. It's completely understandable that you'd want to explore your options for becoming a permanent employee. Many casual workers in Australia find themselves in similar situations, and the Fair Work Act does provide some pathways for casual employees to request permanent status.

Let me look up the most relevant information for your situation so I can explain your rights and the process you need to follow. Based on your situation of working regular shifts as a casual for over 12 months, yes, you can ask to become permanent.

You have two main pathways available to you:

Mutual Agreement Pathway A casual employee can change to full-time or part-time employment at any time if the employer and employee both agree to it. This is the simplest approach - you can simply discuss with your employer about converting to permanent employment.

Employee Choice Pathway (Your Legal Right) More importantly, under the NES, casual employees have the right to access a pathway to become a permanent full-time or part-time employee, in some circumstances. Under the Fair Work Act casual employees who have been employed for at least 6 months (12 months if employed by a small business) have the option to change to full-time or part-time employment if they believe they no longer meet the requirements of the casual employee definition.

Since you've been working for over 12 months, you meet the minimum time requirement regardless of whether your employer is a small business or not.

How to Exercise Your Right Eligible casuals can notify their employer in writing of their intention to change to permanent employment. Employers can only refuse the notice for certain reasons.

Important Timing Note If eligible, a casual who was employed before 26 August 2024 can issue a notice under this pathway from 26 February 2025 (or 26 August 2025 if employed by a small business).

Additional Protections An employer must not reduce or vary an employee's hours of work, or terminate their employment in order to avoid converting the employee to part-time or full-time employment.

I'd suggest starting with an informal conversation with your employer about permanent employment. If they're agreeable, this is often the quickest path. However, if they refuse or are reluctant, you have the legal right under the employee choice pathway to formally request conversion to permanent employment in writing.

Your situation sounds like a strong case for permanent conversion, especially given your regular shift pattern over 12 months, which suggests you no longer meet the definition of a casual employee who has "no firm advance commitment to ongoing work."

Practical Workplace Strategy

1. Start with a Conversation: Begin by discussing your desire for permanent employment with your direct manager. Frame it as a positive step for both you and the company, emphasizing your commitment and reliability.
2. Relationship Building: Strengthen your relationships with key decision-makers. Regular, positive interactions can make them more receptive to your request.
3. Performance and Value: Highlight your consistent performance and the value you bring to the team. Provide specific examples of your contributions over the past year.

Legal Context

• Fair Work Act: As a casual employee, you have rights under the Fair Work Act, including the right to request conversion to permanent employment if you meet certain criteria.
• Employer Obligations: Employers must not reduce your hours or terminate your employment to avoid offering you a permanent position.

Actionable Steps

1. Informal Discussion: Schedule a meeting with your manager to discuss your interest in becoming a permanent employee.
2. Document Your Request: If the initial discussion is not successful, prepare a formal written request for permanent employment, referencing your eligibility under the Fair Work Act.
3. Track Your Hours: Keep accurate records of your hours worked to demonstrate your consistent work pattern.
4. Seek Advice: If needed, consult with a union or employment lawyer for further assistance.

Combined Resources

• HR Policies: Review your company's HR policies on casual conversion to understand the specific requirements and procedures.
• Fair Work Ombudsman: Utilize the Fair Work Ombudsman's website for information on casual employee rights and conversion to permanent employment.
• Union Support: If you're a union member, contact your union for advice and support in navigating this process.

Career Advancement Strategies

• Regular 1:1 Meetings: Build a strong relationship with your direct manager through regular one-on-one meetings.
• Feedback: Actively seek feedback and demonstrate that you're implementing it.
• Visibility: Volunteer for high-visibility projects and cross-functional work to increase your exposure within the company.
• Documentation: Document your achievements and quantify your impact on the company's goals.
• Mentorship: Find internal mentors who can provide guidance and support for your career development.
• Networking: Network across departments and levels to build relationships and identify opportunities for advancement.

By following these steps and leveraging the available resources, you can increase your chances of successfully converting to permanent employment and advancing your career.