Can My Boss Change My Roster? Your Rights Explained

When it comes to the short answer is that in most cases, your employer can't simply change your roster without giving you reasonable notice and, in many cases, consulting with you about the change. The rules depend on whether you're covered by a modern award, an enterprise agreement, or neither. Most of the 2.7 million Australian workers covered by modern awards have specific roster change notice requirements built into their award.

These typically require 7 days' notice of a roster change, though some awards specify 14 days or as little as 24 hours in particular circumstances. Enterprise agreements often contain similar or more detailed consultation clauses.

Even where no award or agreement applies (for example, award-free employees earning above the high-income threshold of $175,000), the employer must still act reasonably and in accordance with the employment contract. If your contract specifies particular hours or days, the employer can't unilaterally change them without your agreement. Changing fundamental terms of employment without agreement may constitute a repudiation of the contract, giving you grounds to claim constructive dismissal.

Almost every modern award contains a consultation clause — typically at clause 8A (consultation about major workplace change) and clause 8B (consultation about changes to rosters or hours of work). Clause 8B is the one that applies to roster changes. Under a typical clause 8B, the employer must provide information about the proposed change (what the change is, when it takes effect, and how it affects you), give you an opportunity to respond and discuss the change, and genuinely consider your response before making a final decision.

The practical side of this: The notice period varies by award. The General Retail Industry Award 2020 requires 7 days' notice for a roster change, or 14 days if the employer has 15 or more employees.

The Hospitality Industry (General) Award 2020 requires 7 days' notice. The Clerks Private Sector Award 2020 requires 7 days' notice. The Restaurant Industry Award 2020 requires 7 days. The Fast Food Industry Award 2010 requires 7 days.

Where the award specifies a notice period, the employer must comply with it. Failure to give the required notice is a contravention of the award, which is a civil penalty provision under the Fair Work Act — penalties of up to $19,800 for an individual or $99,000 for a corporation per contravention.

To find the specific roster change provisions in your award, search for your award at fairwork.gov.au/awards and look for clauses about consultation, rosters, or hours of work (we get asked about this a lot).

Consultation is more than notification. Under the model consultation clause, the employer must provide relevant information about the change in writing, give you a genuine opportunity to discuss the proposal and express your views, and genuinely consider those views before making a decision. 'Genuinely consider' means actually taking your input into account — not just going through the motions. In AMWU v Berri Pty Ltd (2017), the Federal Court held that genuine consultation requires providing sufficient information for the employee to understand the proposal, allowing adequate time for the employee to consider the proposal and respond, and the employer approaching the consultation with an open mind rather than having already made the decision.

Let's break this down. If you are asked to agree to a roster change and you have genuine concerns — such as childcare commitments, second job obligations, transport limitations, or health issues — you have the right to raise them, and the employer must consider them. This does not mean the employer must agree with you or abandon the change.

But they cannot simply ignore your input. If the employer has already decided and the consultation is a sham, the process hasn't been followed and the change may be invalid. Worth checking.

Part-time employees have specific protections that go beyond the general roster change rules. Under most modern awards, a part-time employee's hours are agreed in writing at the commencement of employment. The agreement specifies the number of hours per week (or pay period), the days on which those hours will be worked, and the start and finish times.

These agreed hours are guaranteed — the employer cannot unilaterally reduce them. If the employer wants to change a part-time employee's agreed hours, days, or times, they need the employee's genuine agreement.

Don't gloss over this. under many awards, this agreement must be in writing. An employer who simply changes a part-time employee's roster without agreement is in breach of the award.

If your agreed hours are reduced without your consent, you're entitled to be paid for the original agreed hours even if you're not given work during those hours — because the employer has a contractual obligation to provide the agreed hours.

This is a powerful protection. No exceptions.

If your employer is pressuring you to agree to reduced hours and you don't want to, you've the right to refuse. If you're then subjected to adverse treatment — such as being given undesirable shifts, being excluded from opportunities, or being dismissed — this could constitute adverse action in breach of the general protections provisions.

While there's no strict legal definition of 'unreasonable' in this context, the Fair Work Commission and courts consider several factors when assessing whether a roster change was reasonable. These include the amount of notice given — was it consistent with the award or agreement requirement? The impact on the employee — does the change affect childcare, second employment, study commitments, or health? Whether the employee was consulted — was there a genuine opportunity to discuss the change? The business reasons for the change — is there a genuine operational need? Whether the change is consistent with the employment contract — does the contract specify hours or days that are now being changed? Whether the change disproportionately affects a particular group — for example, changes that only affect workers with caring responsibilities could amount to indirect discrimination under the Sex Discrimination Act 1984. Examples of unreasonable roster changes include changing a day-shift worker to night shift with less than 24 hours' notice, reducing a part-time employee's hours without agreement, changing a worker's regular days when they've notified the employer of caring responsibilities on those days, and implementing a rotating roster for one employee as retaliation for making a complaint.

If your employer changes your roster and you believe the change is unreasonable or wasn't properly consulted, follow these steps.

I have concerns about this change because [reasons]. Under clause [X] of the [Award name], I believe I am entitled to [notice period/consultation].

This one catches a lot of people out. if your employer changes your roster and you believe the change is unreasonable or wasn't properly consulted, follow these steps.

• respond in writing. Email your manager or HR outlining your concerns: 'I have received notice of a change to my roster effective [date]
• check your award or agreement.

  Look up the specific consultation and roster provisions.

  If the employer has not followed them, point this out specifically

• request a meeting

I would like to discuss this before the change takes effect. '

Ask for a face-to-face discussion (or video call) to go through your concerns. Bring your documentation — your original hours agreement if part-time, your contract, the relevant award clauses, and any evidence of the impact on you.

Fourth, if internal resolution fails, contact the Fair Work Commission. You can apply for the FWC to deal with a dispute about a roster change under the dispute resolution clause in your award or agreement. The FWC can mediate, conciliate, or in some cases arbitrate the dispute.

There is no application fee for dispute resolution under an award. Fifth, contact the Fair Work Ombudsman on 13 13 94 if you believe your employer has breached an award provision — such as failing to give the required notice or failing to consult.

The FWO can investigate and take enforcement action. It matters (worth bookmarking this one).