LEGAL AND IR
35
NATIONAL
Changes to Roster If members wish to change the regular roster of an employee, they are firstly required to follow a consultation process prior to making such changes to a roster. Generally, the consultation process is set out in the General Retail Industry Award (GRIA) or other applicable enterprise agreement. Please see below the general consultation process that an employer is required to follow when they want to change the regular roster of an employee who is covered by the GRIA.
Step 1: Provide written notice of change Firstly, it is best practice for members to provide their employees with written information (such as via email or letter) about the proposed changes to their regular roster (for example, what the change will be and when it is to begin). The written notice should set out the details of the proposed roster changes as well as invite the employee to attend a consultation meeting (along with their nominated support person) to give their views about the impact of the change. It is advisable to provide reasonable notice of this consultation meeting (ideally, at least 24 to 48 hours) and ensure that this meeting is conducted during reasonable hours, such as during an existing rostered shift.
Step 2: Consult with employees about changes The second step is to 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 these 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 a 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 the employee and employer mutually agree to the changes to the roster, the GRIA still requires the employer to provide a period of notice to the employee of these new changes. The amount of notice required depends on whether the employee is employed as a part-time, full time or casual employee. If the employee is a:
• Casual or full-time 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; and
• Part-time employee, the employer
may make a change to the 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 (such as overtime or penalty rates). 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 the member has the right to refer the dispute to the Fair Work Commission. If you have any questions in relation to roster changes, please contact our Employment Law team on 1800 888 479.
