My employer wants to change my shift pattern without my agreement. Can they do this?

What the Law Says

The Fair Work Act 2009 (Cth) and applicable modern awards set strict limits on an employer’s ability to change working hours or shift patterns without employee agreement.

Your employment contract, enterprise agreement, or relevant modern award determines whether your employer can change your shifts. If your contract is silent or prohibits unilateral changes, your employer generally needs your consent.

Under the Fair Work Act 2009, employers must consult with employees before introducing major workplace changes — including significant shift pattern changes — that may affect their jobs. This includes giving employees a reasonable opportunity to express their views.

Some modern awards (e.g., the General Retail Industry Award 2020 and the Hospitality Industry (General) Award 2020) include specific clauses requiring written notice of roster changes — often at least 7 days — and prohibit changes that would disadvantage the employee without agreement.

Statutory Text

An employer must give an employee written notice of any change to their regular roster or ordinary hours of work at least 7 days before the change is to take effect.

— General Retail Industry Award 2020, cl 10.5

Statutory Text

An employer must consult with affected employees… before introducing a major change to the workplace.

— Fair Work Act 2009 (Cth), s. 194 — Consultation about major workplace change

Statutory Text

An employer must not require an employee to work more than 38 hours per week… unless the additional hours are reasonable.

— Fair Work Act 2009 (Cth), s. 62 — Maximum weekly hours

What to Do

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