Returning Harvest Casuals: How the Employee Choice Pathway Works
• Hari Yellina
A returning harvest worker asks, “Can I become permanent?” The first useful step is to identify the employing business and the current employment relationship. The number of seasons worked does not, by itself, answer the question or establish eligibility for the employee choice pathway.
Start with the relationship, not the roster label
The Fair Work Ombudsman’s casual employee guidance explains the current definition. It includes the absence of a firm advance commitment to continuing, indefinite work and an entitlement to a casual loading or specific casual rate. The real substance of the relationship matters, including how it operates in practice. A regular roster alone does not automatically settle status.
For a labour hire worker, make sure the request reaches the employer rather than stopping with a host supervisor. A supervisor can help route it, but should avoid promising a permanent role on behalf of a different business. Our fruit-picker pay guide provides context for explaining employment type and pay.
Check whether a notice can be given
Fair Work’s employee choice guidance says a casual may give written notice after at least six months’ employment, or twelve months with a small business employer, if they believe they no longer meet the casual definition. A notice cannot be given during an ongoing employee-choice dispute, or within six months of a refused notice or a dispute resolved through the relevant process. The guidance also explains historical transition conditions for earlier casuals.
Do not add separate seasons together without checking the actual employment history. Establish the relevant start date, whether employment continued between assignments, the applicable employer size test and any earlier notices or responses. Keep factual questions separate from the worker’s explanation of why the relationship has changed.
Consult and answer within the required time
The employer must consult before responding and provide a written response within 21 days of the employee giving the notice. Acceptance needs to address the resulting employment arrangement. A refusal must identify a permitted reason, rather than rely on a general preference for casual labour. Fair Work explains the limited grounds and the dispute process.
A practical intake record can note the date received, who is handling consultation and the response due date. Ask what hours and work pattern the worker is referring to, and gather relevant records before deciding. This helps a payroll team and a manager work from the same information without losing the deadline between departments.
Explain what the response means
If the change is accepted, confirm the employment type, hours and start date in writing. The change takes effect from the first day of the first full pay period after the response, unless another day is agreed. Connect the outcome to payroll and rostering. If it is refused, explain the actual reason and how a disagreement can be raised. The worker should be able to distinguish the decision from an informal conversation about next season.
In a hypothetical case, a worker tells the host supervisor about regular ongoing shifts. The supervisor directs the written notice to the employing business; its manager records receipt and arranges consultation. This preserves the worker’s question while putting the statutory response with the right employer.
Employer and employee can also agree to change status outside this pathway. These are different routes, so identify which is being used. For a related concern about how pay is explained, see our worker pay concern response guide.
Sources and further reading
Official sources checked on 14 October 2026. Practical examples are hypothetical.
About the author
Hari Yellina is Chief Executive Officer at Orchard Tech. His articles explain practical workforce planning for Australian agricultural businesses.
AI-generated illustration of a fictional employment discussion; no real worker or individual case is shown.
