The "Employee Choice Pathway"

Under the Fair Work Act, the Employee Choice Pathway gives eligible casuals the option to ask for permanent full-time or part-time status once they've:

• Worked for you for 12months

• Had a regular and systematic pattern of hours over the last 6 months.

• Reasonably expect this pattern to continue

What this means for you as the employer:

• You must respond to the request in writing within 21 days

• You can only refuse on "reasonable business grounds" (and must explain why)

• If agreed, you'll need to issue a new employment contact that reflects their permanent status

So what can employers do?

This pathway provides security for employees and clarity for employers - but it also creates legal obligations you can't ignore.

Review your causal workforce now. If someone is working regular hours, be proactive - consider offering permanency before you receive a request. This builds trust, compliance, and stability in your team.

Are you a casual employee?

If you become permanent, you'll receive benefits like annual leave, sick leave, notice of termination, and protection from unfair dismissal.

Moving from casual to permanent can give you greater stability and security - but it also means you give up casual loading (the higher hourly rate casuals receive instead of leave entitlements).

Before making the request, weigh up what's more valuable to you - the higher casual pay, or the stability and benefits of permanent employment.

At EPS, we help small businesses stay compliant with HR changes like this - without the stress. Ever considered outsourcing your HR? Get in touch!🫶🏼📩