Can my employer change my hours without telling me?
No, generally your employer cannot change your hours without telling you. Changes to hours must typically be agreed upon or made with proper consultation and reasonable notice, in accordance with your employment contract, award, or agreement.
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How it works in practice
Requirement for Consultation and Agreement
Employers in Australia generally cannot unilaterally change an employee's hours without proper consultation or agreement. Your working hours are usually a fundamental term of your employment, governed by your employment contract, a modern award, or an enterprise agreement. Any changes require adherence to these instruments, which often stipulate a requirement for consultation with employees regarding proposed changes.
Impact of Employment Agreements
If your employment contract, award, or enterprise agreement contains clauses that allow for changes to hours, your employer must still follow the procedures outlined within those documents. This typically involves providing reasonable notice of the change and engaging in a genuine consultation process to discuss the impact of the changes on the employee. Failure to follow these processes can constitute a breach of your employment terms or relevant industrial instruments.
Protecting Employee Rights
The Fair Work Act 2009 (Cth) and associated instruments aim to protect employees from arbitrary changes to their working conditions. While employers have a right to manage their business, this right is balanced against the need to ensure fair treatment and reasonable working arrangements for employees. Significant changes without consultation or agreement can be considered unreasonable.
Important exceptions
Exceptions apply if your employment contract, award, or enterprise agreement explicitly permits the employer to change your hours without your direct consent, provided they still give reasonable notice. In some emergency situations, or where changes are minor and incidental to your role, specific consultation might be less formal. However, fundamental changes to regular hours usually require genuine discussion and agreement.
What you should do now
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Review your employment contract, modern award, or enterprise agreement to understand your current terms and conditions regarding working hours.
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Communicate with your employer in writing to seek clarification on the reasons for the proposed change and how it complies with your employment terms.
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Request a meeting with your employer to discuss the proposed changes, their impact on you, and explore potential alternative arrangements.
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If an agreement cannot be reached, consider seeking advice from your union, a workplace representative, or the Fair Work Ombudsman.
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If the change constitutes a significant breach, you may be able to formally dispute the matter with your employer or initiate a claim with a relevant industrial body.
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