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Understand your rights at work: Can your manager change your hours?

For many workers, family responsibilities, caring commitments, study, travel arrangements and personal wellbeing often depend on having predictable work hours.

So what happens if your manager tells you your hours are changing? Do you have to accept it?

Your employer can’t change your hours whenever they want

Many workers assume their employer can simply direct them to work different hours. In reality, your rights and entitlements are usually set out in your Enterprise Agreement (EA).

EAs typically contain provisions covering:

  • your ordinary hours of work
  • the span of hours you can be rostered to work
  • the notice required before changes can be made.

Whether a proposed change can occur, and how it must occur, depends on the terms of your EA and the circumstances involved.

Importantly, you must have consented to any change to your work hours.

Consultation is a workplace right

One of the most important protections available to workers is the right to consultation.

All EAs and awards contain consultation clauses that require employers to engage with employees before making certain workplace changes.

If your employer proposes changing your regular roster or ordinary hours, they must:

  • notify and provide relevant information to affected employees of the proposed change
  • give employees a genuine opportunity to express their views
  • properly consider any feedback before making a final decision.

Consultation is not simply informing staff that a decision has already been made. Employees must have a genuine opportunity to influence the outcome.

This is an important workplace right that union members have fought hard to secure. Consultation is not a courtesy, it’s an obligation.

Flexible working arrangements

There are also situations where employees may have additional protections under the Fair Work Act.

Eligible employees can request flexible working arrangements, including changes to their hours, patterns of work or work location.

This right may apply to workers who:

  • are pregnant, parents or carers
  • have a disability
  • are aged 55 or older
  • are experiencing family or domestic violence
  • provide care or support to an immediate family or household member experiencing family or domestic violence.

Employers can only refuse these requests on limited grounds and must provide their reasons in writing.

Can you say no to your work hours changing?

In many cases, yes. However, every workplace and every EA is different.

Before agreeing or refusing to a change in hours, it's important to understand exactly what rights and protections apply to you.

That's where our union can help.

We regularly assist members who are concerned about changes to their hours, rosters and working arrangements. We can review your EA, explain your rights and help ensure your employer is following the correct process.

Don't go it alone.

If your employer is proposing changes to your hours or roster, contact the FSU Member Rights Centre on 1300 366 378 before making a decision. Getting the right advice early can make all the difference.

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Authorised by Julia Angrisano, Finance Sector Union of Australia, Level 13, 380 La Trobe Street, Melbourne, VIC 3000.
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