How to Legally Change Your Casual Employee’s Roster

Introduction

Managing a casual workforce in Australia requires employers to navigate a complex web of workplace laws, awards, and Fair Work regulations. One of the most common questions employers face is whether they can legally change a casual employee’s roster – and if so, what process they must follow to remain compliant with Australian employment law.

Whether you’re reducing shifts due to seasonal fluctuations, responding to unexpected business changes, or simply need to adjust your staffing schedule, understanding your legal obligations is crucial. Making roster changes without following proper procedures can expose your business to claims of unfair treatment, breach of contract, or even unfair dismissal in certain circumstances.

This comprehensive guide examines the legal framework surrounding casual roster changes in Australia, the consultation requirements you must meet, and the practical steps to protect both your business and your employees’ rights.

Understanding Casual Employment Under Australian Law

Before exploring roster changes, it’s essential to understand what defines casual employment in Australia and how it differs from permanent employment arrangements.

What Makes an Employee ‘Casual’?

According to the Fair Work Ombudsman, a casual employee is someone who doesn’t have a firm advance commitment from their employer about:

• The duration of their employment
• The days they will work
• The specific hours they will work each week

This lack of firm commitment is the defining characteristic of casual employment. Unlike permanent employees who have regular, predictable hours, casual employees work on an as-needed basis with variable schedules that can change from week to week.

Key Features of Casual Employment

Casual employment in Australia comes with several distinctive features that differentiate it from permanent employment:

Flexible Working Arrangements: Employers can offer casual employees work when needed, and employees generally have the flexibility to accept or decline shifts based on their availability. This mutual flexibility forms the foundation of the casual employment relationship.

Casual Loading Instead of Leave Entitlements: Casual employees don’t receive paid annual leave, personal/carer’s leave, or other leave entitlements that permanent employees enjoy. Instead, they receive a casual loading – typically between 15% and 25% on top of the base hourly rate – to compensate for this lack of leave entitlements and the irregular nature of their work.

No Minimum Hours Guarantee: Perhaps most importantly, employers are not obligated to provide casual employees with any minimum number of hours per week. This means you can theoretically roster a casual employee for zero hours in a given week without breaching any legal obligations – though this must be balanced against other considerations we’ll discuss later.

Notice Requirements: Under the Fair Work Act, casual employees can be dismissed with a minimum of one hour’s notice (or payment in lieu), though modern awards may specify different notice periods.

Modern Awards and Industry-Specific Rules

While the Fair Work Act provides the general framework for casual employment, your obligations may be further defined by the relevant modern award covering your industry. Different industries have different rules regarding:

• Minimum shift lengths for casual employees
• Rates of casual loading
• Notice periods for roster changes
• Specific consultation requirements

For example, the Hospitality Industry (General) Award has specific provisions about how far in advance rosters must be posted, while the Building and Construction General On-site Award contains different requirements for construction workers. It’s crucial to check which award applies to your business and employees.

Your Legal Rights as an Employer: Can You Change Casual Rosters?

The fundamental answer is yes – employers can change casual employee rosters. The inherent flexibility of casual employment means you’re not locked into providing the same hours each week, even if a pattern has developed over time.

The Principle of Flexibility

The Australian employment law framework recognises that the primary purpose of engaging casual employees is to maintain workforce flexibility. The Fair Work Commission has consistently upheld that employers have the right to:

• Adjust casual employee hours from week to week
• Reduce the number of shifts offered to casual employees
• Completely cease rostering a casual employee for work
• Change shift times, days, or duration

This flexibility exists even when a casual employee has been working regular, consistent hours over an extended period. The development of a regular pattern doesn’t automatically convert the employment relationship into permanent employment (though casual conversion rights are a separate consideration addressed below).

Reasonable Expectations and Good Faith

However, this flexibility isn’t absolute. Australian employment law increasingly recognises the concept of “reasonable expectations” even within casual employment relationships. If you’ve employed a casual worker for an extended period with consistent hours, they may develop reasonable expectations about their ongoing employment.

The Fair Work Act requires all workplace parties to act in good faith. While you can reduce or change a casual employee’s hours, doing so without proper consultation or reasonable justification could potentially be viewed as failing to act in good faith, particularly if:

• The employee has worked regular, predictable hours for an extended period
• The employee has turned down other employment opportunities based on their roster with you
• The change appears to be motivated by factors unrelated to genuine business needs
• The change is made without adequate notice or consultation

Regular Casual Employees and Conversion Rights

If a casual employee has been working a regular pattern of hours on an ongoing basis for at least 12 months, they may be considered a “regular casual employee” and could be eligible to request conversion to permanent employment under the Fair Work Act.

While this doesn’t prevent you from changing their roster, it’s an important consideration when you have long-term casual employees with established patterns. The casual employment provisions were recently updated to provide clearer pathways for casual employees to become permanent where appropriate.

Legal Requirements When Changing Published Rosters

While you have the right to change casual employee rosters, there are important legal requirements you must follow when making these changes – particularly when you’ve already published or communicated a roster to your employees.

The Fair Work Act Consultation Requirements

In 2014, the Fair Work Commission introduced new regulations requiring employers to follow specific consultation processes when making changes that will significantly affect employees. These requirements, now embedded in most modern awards, apply regardless of whether the employee is casual or permanent.

When you want to change a casual employee’s roster after it has been published, you must:

1. Provide Advance Notice: Inform the affected employee about the proposed roster change as soon as you become aware that changes are necessary. The amount of notice required varies by award, but generally ranges from 24 hours to 7 days depending on the significance of the change.

2. Explain the Change: Provide clear information about what is changing, why the change is necessary, and how it will affect the employee. This explanation should be in writing where practical and should include specific details about the altered shifts, hours, or days.

3. Invite Employee Input: Give the employee an opportunity to express their views about the proposed change and its impact on them. This isn’t merely a courtesy – it’s a legal requirement. The employee should feel genuinely heard, even if you ultimately proceed with the change.

4. Consider the Impact: Actively consider how the roster change will affect the employee, taking into account factors such as:

• Their personal circumstances and commitments
• Travel arrangements they may have made
• Childcare or other care responsibilities
• Other employment or educational commitments
• Any financial hardship the change might cause

5. Consider Reasonable Alternatives: If the employee raises genuine concerns about the proposed change, you should genuinely consider whether there are reasonable alternatives that would achieve your business objectives while minimising the impact on the employee.

6. Make a Decision and Communicate: After completing the consultation process, make your decision and clearly communicate the outcome to the employee, including your reasons if you’ve decided to proceed despite their concerns.

Award-Specific Requirements

Beyond the general Fair Work Act requirements, your industry’s modern award may impose additional obligations. For example:

Retail Award: Requires rosters to be posted at least seven days in advance, with changes requiring 24 hours’ notice to affected employees.

Hospitality Award: Specifies that rosters should generally be posted at least seven days in advance, though this can vary based on the nature of the business.

Healthcare Awards: Often contain strict requirements around roster changes due to the critical nature of healthcare services and the need for work-life balance in demanding roles.

Check your specific award on the Fair Work Ombudsman’s website to understand exactly what’s required in your industry.

Common Scenarios and How to Handle Them Legally

Let’s examine some typical situations where employers need to change casual rosters and how to approach them compliantly.

Scenario 1: Reducing Hours Due to Seasonal Downturn

Many Australian businesses experience seasonal fluctuations – retail stores after Christmas, hospitality venues during quieter months, or construction projects between major contracts.

Your Rights: You can legally reduce casual employees’ hours or cease rostering them entirely during quiet periods. This is a fundamental aspect of casual employment flexibility.

Your Obligations:

• Provide as much advance notice as possible
• Explain the business reasons for the reduction
• Apply changes fairly across your casual workforce rather than targeting specific employees
• Consider offering reduced hours to all casual staff rather than eliminating some employees’ shifts entirely
• Be transparent about when you expect business to pick up again

Best Practice: Maintain regular communication with your casual employees during quiet periods so they know they haven’t been forgotten. When business improves, prioritise offering shifts back to those whose hours were reduced.

Scenario 2: Changing an Already-Published Roster

You’ve published next week’s roster, but unexpected circumstances mean you need to change someone’s shifts – perhaps another employee called in sick, a major order was cancelled, or an unexpected delivery schedule changed your staffing needs.

Your Rights: You can change the roster, even after publication, particularly when unforeseen circumstances arise.

Your Obligations:

• Contact the affected employee immediately
• Explain the situation and why the change is necessary
• Follow your award’s specific requirements for notice periods
• Listen to and genuinely consider any concerns the employee raises
• Document the consultation process

Best Practice: Where possible, offer alternatives. If you need to cancel a shift, can you offer a different day that week? If you need someone to work different hours, can you provide transportation assistance if timing creates difficulties? Consider compensation where employees incur costs due to last-minute changes.

Scenario 3: Permanently Adjusting a Regular Casual Employee’s Pattern

A casual employee has been working the same 20 hours every week for the past year, but you now need to permanently reduce them to 10 hours per week or change their regular days.

Your Rights: Despite the established pattern, you can change the hours you offer to a casual employee, as they don’t have a contractual guarantee to specific hours.

Your Obligations:

• Recognise that this employee may have casual conversion rights due to their regular pattern
• Provide substantial advance notice (at least one full roster cycle, preferably more)
• Engage in thorough consultation about the reasons for the change
• Document the legitimate business reasons for the adjustment
• Be aware this may trigger a casual conversion request

Best Practice: This scenario requires particularly careful handling. Consider whether the employee should be offered permanent part-time employment at the reduced hours rather than remaining casual. Consult with an employment lawyer before proceeding, as the established pattern creates additional considerations.

Scenario 4: Responding to Employee Availability Changes

A casual employee who previously had open availability now tells you they can no longer work weekends due to starting weekend study or taking another job.

Your Rights: You can reduce or cease rostering this employee if their changed availability doesn’t meet your business needs. Casual employment is about mutual flexibility.

Your Obligations:

• Consider whether you can accommodate their new availability with adjusted shifts
• If you can’t accommodate them, clearly explain why their new availability doesn’t work for your business
• Provide reasonable notice if you’ll be reducing their shifts significantly
• Document the reasons for any changes

Best Practice: Be flexible where possible. If this employee has been reliable and valuable, try to find a way to work around their new constraints, perhaps offering them weekday shifts instead. However, if weekend availability was essential for their role, you’re entitled to prioritise casual employees who can meet your scheduling needs.

Protecting Your Business: Employment Agreements and Documentation

While casual employment is inherently flexible, proper documentation is essential to protect your business and manage expectations appropriately.

The Importance of Written Employment Agreements

Every casual employee should have a written employment agreement that clearly establishes:

1. Casual Employment Status: Explicitly state that the employment is casual, with no guarantee of minimum hours or ongoing work.

2. Roster Flexibility: Include a clause that makes clear rosters are indicative and subject to change based on business needs, with appropriate notice.

3. Casual Loading Rate: Specify the casual loading percentage being paid and confirm this is in lieu of paid leave entitlements.

4. Notice Periods: Outline the notice period for both roster changes and termination consistent with your modern award.

5. Award Coverage: Identify which modern award applies to the employment relationship.

6. Consultation Process: Describe the process that will be followed when roster changes are necessary.

A well-drafted casual employment agreement sets clear expectations from the outset and reduces the risk of disputes later. You can access customisable employment agreement templates through Lawpath’s document builder, or engage an employment lawyer to create agreements tailored to your specific business needs.

Documentation Best Practices

Beyond the initial employment agreement, maintain robust documentation throughout the employment relationship:

Roster Records: Keep copies of all published rosters and any changes made, including dates when rosters were issued and modified.

Consultation Records: Document all consultations about roster changes, including:

• When you notified the employee of proposed changes
• What information you provided
• The employee’s response and concerns
• How you considered their input
• Your final decision and reasons

Communication Records: Keep records of all communications about roster changes, whether via email, text message, or written notes from in-person conversations.

Attendance Records: Maintain accurate records of actual hours worked, not just scheduled hours, to track patterns and support business justifications for roster changes.

This documentation is crucial if a dispute arises. It demonstrates you’ve acted in good faith, followed proper procedures, and had legitimate business reasons for your decisions.

When Roster Changes Become Problematic: Understanding the Risks

While you have legal rights to change casual rosters, certain approaches can expose your business to legal risks.

Adverse Action Claims

Under the Fair Work Act, you cannot take “adverse action” against an employee because of a prohibited reason, such as:

• The employee’s race, sex, religion, disability, or other protected attributes
• The employee exercising a workplace right (like requesting casual conversion or taking family violence leave)
• Union membership or participation in industrial activities

If you change a casual employee’s roster in a way that disadvantages them, and they can demonstrate this was motivated by a prohibited reason, you could face an adverse action claim. These claims can result in significant penalties – up to $93,900 for individuals and $469,500 for corporations under current maximum penalties.

Example: Reducing the hours of a casual employee immediately after they request information about casual conversion rights could potentially be viewed as adverse action, even if you had legitimate business reasons for the change.

Sham Contracting and Employment Relationship Concerns

Using casual employment as a way to avoid permanent employment obligations can constitute sham contracting. If you consistently roster casual employees for regular, predictable hours that suggest an ongoing commitment, but classify them as casual to avoid leave entitlements and other permanent employment benefits, you could face serious legal consequences.

The Australian Taxation Office and Fair Work inspectors actively investigate businesses suspected of misclassifying workers or engaging in sham contracting arrangements.

Constructive Dismissal Risks

While you can reduce or cease rostering casual employees, if done inappropriately, this could potentially support a claim of constructive dismissal or unfair treatment, particularly for long-term regular casual employees. If you:

• Dramatically reduce hours without legitimate business reasons
• Make roster changes that you know the employee cannot accommodate
• Create a hostile work environment through roster manipulation
• Use roster changes punitively

A casual employee who has completed 12 months of service may be eligible to bring an unfair dismissal claim if they resign due to your conduct and can demonstrate you made their continued employment untenable.

General Protections and Discrimination

Roster changes that disproportionately affect employees with protected attributes can raise discrimination concerns even if unintentional. For example:

• Scheduling changes that particularly disadvantage employees with young children could raise sex discrimination issues
• Roster changes that make it impossible for employees to observe religious practices could constitute religious discrimination
• Reducing hours for older workers while maintaining hours for younger workers could constitute age discrimination

These protections apply to all employees, including casuals, under both federal and state anti-discrimination laws administered by the Australian Human Rights Commission.

Industry-Specific Considerations

Different industries face unique challenges when managing casual rosters, and some have specific regulatory frameworks worth noting.

Hospitality and Retail

The hospitality and retail sectors employ the highest proportions of casual workers in Australia. These industries typically experience:

• Significant variation in customer demand throughout the week
• Seasonal peaks and troughs
• Last-minute absences requiring roster flexibility

The Hospitality Industry (General) Award and General Retail Industry Award contain specific provisions about roster posting timeframes and change notification requirements. Employers in these sectors should ensure their roster management systems and practices comply with these award-specific requirements.

Healthcare and Aged Care

Healthcare and aged care facilities must balance workforce flexibility with maintaining safe staffing levels and supporting employee wellbeing in demanding roles. These sectors often deal with:

• 24/7 operational requirements
• Stringent staff-to-patient ratios
• Fatigue management requirements
• Complex rostering systems

Healthcare awards often contain more restrictive provisions around roster changes, recognising both the critical nature of healthcare services and the need to protect workers from excessive or unpredictable hours. The Nurses Award and Health Professionals and Support Services Award should be carefully reviewed by healthcare employers.

Construction and Building

The construction industry faces unique rostering challenges due to:

• Weather dependencies
• Project-based work patterns
• Site-specific requirements
• Safety considerations

The Building and Construction General On-site Award recognises these realities but still requires appropriate notice and consultation when roster changes are necessary. Construction employers should be particularly mindful of safety implications when making last-minute roster adjustments.

Best Practices for Managing Casual Rosters Compliantly

Beyond legal compliance, implementing best practices for roster management creates a more positive workplace, reduces staff turnover, and minimises the risk of disputes.

Establish Clear Rostering Procedures

Develop and communicate clear procedures for how rosters will be:

• Created and published (including timing and format)
• Changed when necessary (including notice periods and consultation requirements)
• Communicated to staff (via app, email, physical posting, etc.)

Make these procedures accessible to all casual employees so they understand what to expect.

Maximise Advance Notice

While awards specify minimum notice periods, providing more notice whenever possible benefits everyone. Aim to:

• Post rosters at least two weeks in advance where feasible
• Provide as much advance warning as possible when changes become necessary
• Establish regular roster posting schedules so employees know when to expect their upcoming schedules

Longer notice periods allow employees to plan their lives around work commitments, reducing stress and supporting work-life balance.

Maintain Consistency and Fairness

When making roster changes that reduce hours:

• Apply changes equitably across your casual workforce
• Avoid targeting individuals, particularly those who have exercised workplace rights
• Document the objective criteria used to determine which employees’ rosters will be affected
• Be prepared to explain your reasoning if questioned

Fairness and transparency build trust and reduce the likelihood of disputes.

Invest in Roster Management Technology

Modern roster management software can help you:

• Track award compliance requirements automatically
• Document consultation processes
• Communicate changes efficiently
• Store historical records
• Generate reports for analysis

Train Your Managers

Ensure managers and supervisors responsible for creating and changing rosters understand:

• Relevant modern award requirements
• Consultation obligations
• Documentation requirements
• Discrimination and adverse action risks
• Appropriate communication approaches

Poor roster management by frontline managers is a common source of employment disputes and legal claims.

Build a Roster Change Reserve

When preparing rosters, consider building in some flexibility:

• Cross-train employees so they can cover multiple roles
• Maintain a pool of casual employees with varying availability
• Develop relationships with temporary staffing agencies for emergency coverage
• Consider fixed-term contract arrangements for predictable busy periods

Having alternatives available reduces the frequency and severity of roster changes affecting individual employees.

When to Seek Professional Advice

Certain situations warrant professional legal advice before proceeding with roster changes:

• You’re considering substantially reducing hours for a long-term regular casual employee who may have conversion rights
• The affected employee has recently exercised a workplace right (such as requesting flexible working arrangements, taking parental leave, or raising safety concerns)
• The employee has alleged discrimination or raised concerns about their treatment
• The roster change could potentially be perceived as punishment or retaliation
• You’re unsure whether your planned changes comply with your specific modern award
• The employee has threatened legal action or lodged a complaint with Fair Work
• You’re considering ending the employment relationship with a casual employee who has worked for you for more than 12 months

Employment law is complex and constantly evolving. The cost of professional advice is typically far less than the cost of defending against an unfair dismissal or adverse action claim.

Conclusion

Managing casual employee rosters while remaining compliant with Australian employment law requires balancing multiple competing considerations – business flexibility, legal obligations, fairness to employees, and practical operational needs.

At Lawpath, our experienced employment lawyers understand these challenges. We help Australian businesses:

Develop Compliant Employment Documentation: We create customised casual employment agreements that clearly establish the employment relationship while protecting your flexibility to adjust rosters as needed.

Review Your Rostering Practices: We audit your current roster management procedures to identify compliance gaps and recommend improvements before issues arise.

Navigate Complex Situations: When you’re facing challenging roster change situations involving long-term casuals, recent workplace rights exercises, or potential adverse action concerns, we provide practical advice on how to proceed compliantly.

Respond to Complaints and Claims: If an employee has raised concerns about roster changes or lodged a complaint with Fair Work, we represent your business and work toward the best possible resolution.

Provide Ongoing Advisory Support: Many businesses benefit from ongoing access to employment law advice through our subscription services, giving you confidence that expert guidance is always available when questions arise.

Train Your Team: We deliver customised training for managers and HR professionals on employment law compliance, including proper roster management and consultation requirements.

Don’t wait until a roster dispute escalates into a costly legal claim. Whether you need a comprehensive review of your employment practices, specific advice about an immediate situation, or ongoing access to employment law expertise, our team is here to help.