My short shifts became much longer: what must I check before treating the new roster as agreed?

Consultation and consent are different

Under Australian workplace law, awards and enterprise agreements commonly require an employer to consult employees about proposed changes to regular rosters or ordinary hours. Consultation means providing information about the change, inviting views, and genuinely considering those views, including any impact on family or caring responsibilities. However, consultation does not give an employee a veto. Even if the employer issues a new roster, that does not automatically prove the roster complies with every term of your contract or the applicable award or agreement. Some instruments go further and require the employee's consent before certain changes can take effect. You need to identify which requirement applies to your situation.

Compare old and proposed arrangements

Start by gathering the key documents: your employment contract, the old roster, the proposed new roster, the date the change is due to start, and any message from your employer explaining the change. Identify whether the change is temporary, a regular ongoing change, or a change to hours that were specifically agreed as part-time. Note how the change affects your travel time, care commitments, breaks, and pay. It is also important to separate your preferred schedule from an actual contractual restriction. You may prefer shorter shifts, but that preference is different from a contractual right to those hours. Both may matter, but they require different explanations and different arguments.

Ask for the relevant clause and process

Write to your employer and ask which award or enterprise agreement clause applies to the change, what notice was given, and how your views will be considered. Explain the specific effects the change will have on you, and if possible suggest a workable alternative. If the employer proposes a signed variation to your contract, read carefully what it changes before you respond. Keep a copy of your written request and the employer's response. Do not assume that a verbal discussion has resolved a disagreement about guaranteed hours; written records are essential if the dispute continues.

For a disputed change

If the change is disputed, seek advice on the applicable dispute resolution procedure and any time-sensitive effect on pay or employment. Keep your decisions about attending work or refusing shifts separate from the legal question of whether the contract has been varied. Before taking any step that could be treated as misconduct or as a resignation, obtain advice. This guide cannot interpret every part-time agreement or approve a roster based only on shift length. A specialist can help you understand your rights and the risks of each option.

Hypothetical illustration

Imagine a part-time retail worker whose contract states '20 hours per week, Monday to Friday, 9am to 1pm'. The employer announces a new roster with 8-hour shifts, including weekends, starting in two weeks. The worker checks the award and finds a consultation clause but no explicit consent requirement. They write to the employer, explaining that the new hours conflict with their childcare arrangements, and propose a roster with longer shifts on weekdays only. The employer responds that the roster is final. The worker now needs to ask: does the award or agreement require consent for this change, or is consultation sufficient? Even if the award requires only consultation, the separately agreed contractual hours still need assessment. Consultation alone does not answer whether those hours can be varied. The worker should seek advice on the specific instrument before deciding whether to work the new hours or refuse.

Next steps if unresolved

If the issue remains unresolved after following the steps above, the next step is to seek professional advice. Bring your contract, the old and new rosters, the employer's explanation, and any written correspondence about the change. Ask a workplace adviser or lawyer to identify the applicable award or agreement clause, whether consent is required, and what dispute resolution options are available. Do not delay if there is a time limit for raising a dispute under the relevant instrument.

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