FairWork Mate

Can My Employer Change My Roster Without Notice in Australia?

|7 min read

Know your rights when your employer changes your roster. Covers 7-day notice rules, award requirements, right to refuse, and Closing Loopholes protections.

The 7-day notice requirement

Under many Modern Awards, employers must give employees at least 7 days' notice of a roster change. This applies to regular casual employees and part-time employees whose rosters are set in advance. Some awards require a longer notice period — for example, some provide for 14 days' notice. The notice period typically starts from when the employer communicates the change, not from when a new roster is posted. If the required notice is not given, the employee may be entitled to refuse the change or receive additional compensation (such as overtime rates) for working the changed hours. Always check your specific award for the exact notice requirement, as it can vary significantly.

Award-specific rostering rules

Different awards have different rostering provisions. The General Retail Industry Award requires 7 days' notice of roster changes, with changes possible at shorter notice by mutual agreement. The Hospitality Industry Award allows 7 days' notice and also permits shorter notice in certain circumstances. The Clerks Award requires rosters to be posted at least 7 days in advance. The SCHADS Award has specific rules about broken shifts and minimum engagements. The Building and Construction Award typically operates on a Monday-to-Friday standard schedule with less roster flexibility. Part-time employees under most awards have their days and hours agreed in writing, and any change requires a variation to that agreement — the employer cannot unilaterally alter agreed part-time hours.

What is a 'significant effect' on hours?

Under the Fair Work Act, an employer must consult with employees about changes to their regular roster or ordinary hours of work if the change will have a 'significant effect.' While the Act doesn't precisely define 'significant effect,' the Fair Work Commission has interpreted it broadly to include: substantial changes to the days or times an employee works, changes that affect an employee's ability to manage caring responsibilities, significant reductions in hours (and therefore income), and changes that conflict with an employee's other employment or study commitments. Even if the total hours remain the same, moving shifts from weekdays to weekends (or vice versa) can be a significant effect because it changes penalty rate entitlements.

Your right to refuse unreasonable changes

Employees have the right to refuse roster changes that are unreasonable. What is 'reasonable' depends on the circumstances, including: the amount of notice given, whether the change is consistent with the employee's award or agreement, the employee's personal circumstances including family and caring responsibilities, the impact on the employee's income, and the operational needs of the business. If a change is genuinely unreasonable — for example, an employer cutting a parent's hours to force them onto a shift that conflicts with school pick-up — the employee can refuse. However, outright refusing a lawful and reasonable direction about working hours without good cause could be a disciplinary matter, so always try to discuss alternatives first.

Closing Loopholes Act protections for casuals

The Closing Loopholes Act (Fair Work Legislation Amendment) introduced important new protections that took effect from August 2024. For regular casual employees, the changes strengthen protections around rostering by reinforcing that the real nature of the employment relationship — not just the label in the contract — determines rights. If a casual employee has been working a regular pattern of hours for an extended period, a sudden and significant reduction in hours could be seen as adverse action against the employee, particularly if it follows the employee raising a workplace complaint or requesting casual conversion. The reforms also tightened the definition of casual employment, making it harder for employers to roster casuals like permanent staff while denying them permanent entitlements.

Unfair changes vs lawful direction

There is an important distinction between an unfair roster change and a lawful management direction. Employers have a general right to direct employees about when and how work is performed, within the boundaries of the award, agreement, and employment contract. Changing a roster with proper notice, for genuine operational reasons, and within the terms of the relevant instrument is a lawful direction even if the employee doesn't like it. However, a change that breaches the award's notice requirements, that contradicts agreed part-time hours without consent, or that is done as retaliation against an employee for exercising a workplace right, crosses the line into unlawful conduct. The key is whether the employer has both the right and the correct process.

What to do if your roster is changed without notice

If your employer changes your roster without the required notice, take these steps: 1) Check your award or enterprise agreement to confirm the exact notice period required. 2) Raise the issue in writing with your employer, referencing the specific award clause. 3) If you're a part-time employee, check whether the change breaches your written agreement about days and hours. 4) If the change significantly affects you, you can refuse to work the changed hours until proper notice is given — but communicate this professionally and in writing. 5) If the issue continues, contact the Fair Work Ombudsman (13 13 94) for free advice. 6) If you're a union member, contact your union delegate. Document every instance of inadequate notice in case you need to make a formal complaint.

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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.