Working Regular Casual Hours at a Restaurant — Can I Convert to Permanent?

Last updated: March 2026 · MA000119

Yes — after 12 months of regular and systematic work, you can request conversion to permanent (full-time or part-time) employment. Your employer must respond in writing. This right applies to casual employees under the Restaurant Industry Award and is backed by the Fair Work Act.

If you've been working regular shifts for over 12 months as a casual — you may have the right to convert.

The rule

Under the Fair Work Act casual conversion provisions:

After 12 months of employment with regular and systematic shifts, a casual employee can request conversion
The employer must respond in writing within 21 days
Refusal requires genuine, specific operational grounds
Small business employers (under 15 employees) have different obligations

What changes when you convert

You lose the 25% casual loading
You gain 4 weeks paid annual leave per year
You gain 10 days paid personal/carer's leave per year
You gain redundancy entitlements and notice of termination
Your hours are guaranteed in your employment contract

What conversion is worth

Part-time 20 hours/week at Level 3

Annual leave value (4 weeks × 20 hrs × $26.70/hr): $2,136.00/year
Personal leave value (10 days × 4 hrs/day × $26.70/hr): $1,068.00/year
Total leave entitlement value: $3,204.00/year

The 25% casual loading on 20 hrs/week at Level 3 is worth $6,942.00/year. But leave entitlements plus job security often provide greater overall value for workers doing consistent hours.

What to check

Have you worked regular shifts for 12+ months?
Is there a consistent pattern to your rostered hours?
Has your employer offered or discussed conversion?
Have you made a written request and received a written response?

Frequently asked questions

My hours vary a bit — do I still qualify for casual conversion?

Potentially yes. A consistent pattern of work with some variation can still qualify as "regular and systematic." The test is whether there is an identifiable pattern, not whether every week is identical.

My employer says they need the flexibility — can they refuse?

An employer can only refuse on reasonable grounds, and must provide genuine, specific operational reasons in writing within 21 days of your request. A vague claim about flexibility is not sufficient.

Will I earn less if I convert?

Your hourly rate will fall because you lose the 25% casual loading. However, you gain annual leave (4 weeks paid), personal/carer's leave (10 days paid), and other entitlements. For most workers doing regular hours, the leave entitlements more than compensate.

Thinking about casual conversion? Start by checking your current pay is correct.

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General information only. Verify at fairwork.gov.au.