Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- When Would You Move A Part-Time Employee To Casual?
What Should A Part Time To Casual Letter Include?
- 1. The Employee’s Details And Current Arrangement
- 2. The Proposed New Arrangement (Casual) And The Effective Date
- 3. Pay Rate And Casual Loading
- 4. Hours, Rosters, And The Nature Of Casual Work
- 5. Leave Entitlements And Accrued Leave Treatment
- 6. Notice And Termination Basics
- 7. Confirmation And Acceptance
- Do You Need A Letter Or A New Contract (Or Both)?
- Key Takeaways
In a small business, staffing needs can change quickly. A quiet season might become unexpectedly busy, a new contract might come in, or your operating hours might shift. In those moments, it’s common to look at your workforce mix and think about whether a different engagement type would suit your business better.
One scenario we see often is moving an employee from part-time to casual employment. In that situation, a part time to casual letter can be a helpful way to confirm what’s changing (and what isn’t), and to reduce the chance of misunderstandings later.
In this guide, we’ll walk you through when a part-time to casual change might make sense, the legal issues to check before you do it, and what to include in your letter so your business stays compliant and your expectations are documented properly.
When Would You Move A Part-Time Employee To Casual?
There isn’t one “right” reason to make this change. It usually comes down to operational reality - you need flexibility, and the employee wants (or at least accepts) a different arrangement.
Common business reasons include:
- Fluctuating demand: you can’t guarantee a consistent weekly roster.
- Seasonal work: your staffing needs spike at certain times of year.
- Short-term projects: you need extra hands for a period but not permanently.
- Roster changes: your operating hours shift and a stable part-time pattern no longer fits.
- Employee preference: some employees prefer casual work (for example, due to study or caring commitments).
That said, it’s important not to treat casual employment as a workaround for obligations that apply to permanent employees. Casual arrangements have their own requirements, and the right approach depends heavily on the relevant modern award or enterprise agreement (if one applies), and on how the role operates in practice.
Before You Draft A Part Time To Casual Letter: Key Legal Checks
Before you send a part time to casual letter, it’s worth doing a quick legal “health check” on the change. A short conversation now can prevent a major issue later (particularly around underpayment risk or employee entitlements).
1. Is The Change Genuine And Agreed?
Moving from part-time to casual generally involves changing the employee’s status and their terms of engagement. In most cases, you shouldn’t do this unilaterally.
Practically, you’ll want:
- a discussion with the employee about why the change is being proposed;
- time for them to ask questions and consider the impact; and
- clear written confirmation of the new arrangement (this is where a part time to casual letter comes in).
If you already have a written employment agreement, check what it says about variations. Many contracts require changes to be in writing and signed by both parties.
It’s also important to be clear about the mechanism you’re using. Sometimes, a business can vary employment terms by agreement. In other cases, the cleaner (and safer) approach is to end the part-time employment (with any required notice and final entitlements) and re-engage the employee as a casual under a new contract. Which approach is appropriate will depend on the facts, the contract terms, and any applicable award or enterprise agreement.
2. Check The Applicable Award Or Enterprise Agreement
Many Australian employees are covered by a modern award, and awards often contain specific rules about:
- how casual employment works (including casual loading);
- minimum shift lengths and rostering requirements;
- overtime and penalty rates;
- casual conversion processes (and what triggers them).
A letter can record the change, but it can’t override award obligations. This is one reason it’s helpful to have your documentation reviewed as part of broader Award compliance.
3. Understand What The Employee Gains And Loses
This is where many disputes begin - not because anyone intended to do the wrong thing, but because expectations weren’t aligned.
Generally speaking:
- Part-time employees receive paid leave entitlements (like annual leave and personal/carer’s leave) on a pro-rata basis.
- Casual employees typically do not receive paid annual leave or paid personal/carer’s leave, but instead receive a casual loading (often 25%) to compensate for that (subject to award/contract terms).
If your employee has been accruing leave as part time, you’ll also want to think about what happens to their accrued entitlements up to the date of change (more on that below). In particular, if you implement the change by ending the part-time employment and re-engaging them as a casual, you’ll generally need to finalise entitlements on termination (including paying out any untaken annual leave), even if the employee is continuing to work for you in a new casual arrangement.
4. Casual Employment Still Needs To Be Managed Carefully
Casual engagement can feel “simpler”, but there are still compliance risks - especially around rostering and shift changes.
If your casual workforce is rostered regularly, you should be conscious of minimum notice requirements and award rules around shift changes or cancellation. It’s worth having a policy and process, not just an informal “text message roster”. If you’re setting expectations internally, a Shift cancellation policy can help you think through what’s appropriate and what’s risky.
What Should A Part Time To Casual Letter Include?
A good part time to casual letter is clear, specific, and practical. You want it to confirm what both sides understand the arrangement to be from a certain date.
Here are the core elements to include.
1. The Employee’s Details And Current Arrangement
Start by confirming:
- the employee’s full name;
- their current position title;
- their current status (part time); and
- a short reference to their existing written contract (if there is one) and date.
This sets context and reduces ambiguity if the letter is referred to later.
2. The Proposed New Arrangement (Casual) And The Effective Date
Be very explicit about what is changing:
- that the employee will move from part-time to casual employment;
- the date the new arrangement starts; and
- whether the role title or duties are changing (if not, say so).
If duties are changing, ensure the description is accurate. Changes to duties can raise their own issues (including classification under an award).
If the change is being implemented as a termination of the part-time arrangement and re-engagement as a casual, you may also want the letter (or attached documents) to clearly separate:
- the end date of part-time employment (and how final entitlements will be dealt with); and
- the start date of the new casual engagement.
3. Pay Rate And Casual Loading
Spell out the employee’s new pay arrangements clearly. For example:
- their casual base rate (if applicable);
- the casual loading percentage and whether it’s included in the hourly rate shown; and
- how and when they’ll be paid (weekly/fortnightly, etc.).
This is also a good point to cross-check whether your rates align with any applicable modern award and pay conditions.
4. Hours, Rosters, And The Nature Of Casual Work
One of the most important things to communicate in a part time to casual letter is what “casual” means in practice for your business.
Casual engagement usually involves:
- no guaranteed hours of work from week to week;
- shifts offered as needed; and
- the employee’s ability to accept or decline shifts in line with the award/contract and the practical expectations of the role.
If you regularly roster the employee, be careful not to accidentally create an arrangement that looks like permanent employment in practice. This is where well-drafted documents and consistent rostering practices matter.
5. Leave Entitlements And Accrued Leave Treatment
Because the change affects leave entitlements, your letter should address:
- that casual employees do not accrue paid annual leave and paid personal/carer’s leave (in most cases);
- what happens to any leave already accrued while the employee was part time; and
- whether any accrued leave will be paid out, taken before the change, or otherwise dealt with (this depends on how you implement the change and should be handled carefully).
This is a common area for confusion. If the part-time employment is ending as part of the change, you’ll generally need to finalise and pay out untaken annual leave as part of the employee’s termination entitlements (even if you rehire them as a casual straight away). If you’re unsure about the right approach for your business, it’s worth getting advice before documenting a process that might later be challenged.
6. Notice And Termination Basics
Your letter should also address termination-related expectations (even briefly). This can include:
- any applicable notice requirements (for example, under the award, contract, or the National Employment Standards, depending on the circumstances);
- that notice entitlements can differ depending on whether the employment is casual, and on any applicable award/contract terms; and
- that the employee’s rights are still protected under workplace law (for example, general protections apply, and unfair dismissal can still apply in some circumstances depending on eligibility and the facts).
If you want your terms to be consistent and enforceable, it’s usually better to document the new casual arrangement with a properly drafted Employment Contract rather than relying solely on a letter (the letter can still form part of your records and confirm the change).
7. Confirmation And Acceptance
Finish the letter with a clear acceptance mechanism. For example:
- a line confirming that by signing, the employee agrees to the change; and
- signature blocks for both the employer and employee, with date fields.
In many cases, you should attach an updated casual employment contract and have the employee sign that as well. The part time to casual letter can operate as the “cover” explaining what has changed and when.
Common Mistakes Employers Make When Changing Part Time To Casual
A part time to casual letter is a great tool, but it won’t fix a process that’s legally shaky. Here are some common mistakes to watch out for.
1. Treating The Change As A “Quick Admin Update”
Switching status changes entitlements, and often changes how the employment relationship is viewed legally. If it’s done quickly without proper explanation and agreement, you may end up with:
- employee complaints about entitlements;
- disputes about whether the employee truly is casual; or
- underpayment claims (particularly around casual loading and penalties).
2. Keeping The Same Guaranteed Hours (But Calling It Casual)
If the employee continues working the same pattern week after week with predictable, ongoing hours, the reality of the relationship might not align with “casual” in substance.
This mismatch can increase legal risk. Documentation is important, but what you do day-to-day matters just as much.
3. Not Updating Your Employment Documents
If the employee moves to casual, you’ll usually also want to update:
- their employment contract (or issue a new one);
- payroll settings and pay slips (to correctly reflect casual loading and rates);
- internal policies (especially rostering and shift changes).
Relying on an old part-time contract while paying someone casually can create contradictions in your records.
4. Overlooking Privacy And Workplace Policies
Even though this change is mainly about employment status, it can be a useful prompt to check your broader workplace compliance, including whether your workplace policies are current and consistent with how you operate (for example, rostering and leave processes).
Do You Need A Letter Or A New Contract (Or Both)?
In many situations, the most practical approach is to use both:
- A part time to casual letter to confirm the change, the effective date, and key transition points (pay, leave, expectations).
- A casual employment contract to properly set out the full terms and reduce legal ambiguity.
A letter is usually shorter and more “change-focused”. A contract is broader and sets the full legal framework for the employment relationship.
If you’re currently using a part-time contract, simply “editing it” into a casual arrangement can cause problems if clauses don’t translate properly. A tailored casual contract is often the cleaner option, especially where an award applies or where the role has compliance sensitivities.
And if your business has or is considering a more structured workplace framework (for example, bringing in more staff or appointing managers), it may also be worth reviewing your broader employment documentation suite and workplace policies at the same time.
Key Takeaways
- A part time to casual letter helps you document a change in employment status clearly, including the effective date and key practical impacts like pay and leave.
- Before making the change, check whether an applicable modern award or enterprise agreement sets specific rules for casual engagement, rosters, and loading.
- Be clear in writing about the casual nature of the work (no guaranteed hours) and how shifts will be offered and accepted.
- Address leave entitlements carefully, including what happens to any accrued leave from part-time employment (and whether the change involves ending the part-time employment and paying out entitlements).
- In many cases, you’ll want both a letter and a properly drafted casual employment contract, so your documentation matches how the relationship actually operates.
- Getting the structure and paperwork right upfront can reduce disputes, underpayment risk, and confusion later.
This guide is general information only and not legal advice. If you’d like help preparing a part time to casual letter or updating your employment documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








