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Step 2: Consult with employees about changes Attend a meeting with the employee where the member:
• provides the employee with
information about the proposed changes to their roster, including the reasons for change
• invites the employee and their
representative (if any) to give their views about the impact of the changes to their roster (including any impact on their family or caring responsibilities); and
• considers the views about the impact of the change.
Step 3: Confirm changes to the regular roster Changes to a part-time employee’s guaranteed hours of work can only take place with the employee’s mutual agreement. If the employee’s status of employment is to be changed (e.g. from full-time or casual to part-time, from part-time to casual or full-time), prior express written consent is required. Once the employee and employer agree to the changes to their status of employment and/or regular hours of work, parties should enter into an agreement (such as written variation or new contract of employment) to confirm the changes to the employee’s employment status, guaranteed hours or their regular roster. Step 4: Notice requirements even if mutually agreed to changes Regardless of members having agreed with their employees on a change in the workplace or the roster, the GRIA requires the employer to provide a period of notice to employees of the new changes. This provides a record
of the open dialogue shared with the employees should they change their mind or wish to alter the terms of the change. Before members decide, it is important to consider the impact on employees. The amount of notice depends on whether the employee is employed full-time, part-time or casually. Full-time or casual employee: The employer may make permanent roster changes at any time by giving the employee at least 7 days written notice of the change. If the employee disagrees with the change, the period of written notice of the change required to be given is extended to at least 14 days in total. The extra notice is to allow for discussions between the employer and employee to resolve the disagreement. The employer may make a change to a part-time employee’s roster by giving the employee 7 days, or in an emergency 48 hours, written notice of the change. It is unlawful for an employer to change an employee’s roster with the intention of avoiding paying the employee certain entitlements. If an employee disagrees with a roster change, members are encouraged to negotiate in good faith to genuinely reach an agreement with the employee about the roster change. If a resolution is unable to be reached and appropriate steps to resolve the matter have been taken, the employee or member has the right to refer the dispute to the Fair Work Commission.
Consultation in action Consider a scenario where consultation would be necessary.
An employer needs to alter the staff weekly roster to accommodate a change in staff availability that will affect the employment of a casual staff employee who has been employed for 3 years. The casual staff employee regularly and systemically works Mondays, Fridays and Sundays, but the employer needs to change the Friday shift to Wednesday to fill in a required position on the floor for that day. Firstly, the employer should approach the employee and advise them of the nature of the change and when it will commence. The employer should advise the employee when a team member leaves to move overseas at the end of the month, the employer hopes they can replace the absent shift on a Wednesday night and cease working on the Friday. The employer should invite the employee to outline how such a change would affect them and their commitments. This correspondence can be in writing. The employer should consider the employee’s views before deciding to roster the employee accordingly. Approaching the employee and inviting their opinion the employer can create an open environment and adequately adhere to the consultation clauses outlined in the Award. The employer should confirm the changes to the regular roster and issue the employee with a notice of the change.
For more information contact the Employment Law team on
1800 888 479
regarding changes to hours of work or rosters, or other significant workplace changes.
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