The employment arrangement is one of the leading causes of disputes for employers, with topics ranging from the nature of the relationship, entitlements and wages and performance expectations.
A critical change to the casual employee regime was introduced in August 2024, with casual conversion shifting to an employee-initiated approach based on the employee relationship as opposed to the contractual relationship.
This shift caused some concern in industries where casual employment has been an effective mechanism to arrange scheduled or rostered employee requirements, which are seasonal or term based.
Recent caselaw:
The Fair Work Commission’s recent decision in Gregory Baker v Macquarie University [2026] FWC 3054 (12 August 2026) is the first significant ruling to consider the new casual conversion framework after it commenced in August 2024.
Mr Baker had worked as a casual academic with Macquarie University since 2023, teaching the same computing subjects on a regular and scheduled basis each semester. In late 2025, he notified the University that he believed his employment no longer met the statutory definition of casual employment and sought conversion to permanent employment. The University argued that its enterprise agreement prevented the conversion to permanent employment for that specific role.
The Commission found that the practical reality of Mr Baker’s employment was inconsistent with genuine casual employment. Despite the contractual arrangement being that of a casual employee, the University relied on him to perform regular teaching duties that were required on an ongoing basis. The Commission concluded that the employment relationship was characterised by continuing and predictable work, more in line with that of part-time employment than casual employment. The Commission reiterated that an employee’s rights as stipulated in the National Employment Standards cannot be replaced by contradictory provision of an enterprise agreement.
Key Take Awaya for Employers
Employers are reminded that casual employment must be assessed based on the current reality of the employment relationship, not only contractual terms. Where a casual employee meets the new definition of employee, an eligible employee may request a conversion to a permanent role. This entitlement will not be replaced by company policies or enterprise agreements.
If you have any questions about employees or the employment relationship, please don’t hesitate to contact our Workplace Relations Team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
