As an employer, you may wonder whether you can legally change your casual employee’s roster. This may be because you no longer need them to work as regularly. Alternatively, you may have sent their roster out and now want to change the hours. So is this legal? Read our guide to find out how to legally change your casual employee’s roster.
Who is a Casual Employee?
First, we should understand who is encompassed in the term ‘casual employee’. The Fair Work Ombudsman defines a ‘casual employee’ as someone who does not have a firm commitment in advance with their employer about the length of their employment and hours.
Ultimately, a casual employee is not guaranteed a specified amount of hours per week. Further, they do not receive paid leave entitlements such as annual or sick leave. Instead, they are awarded with a casual loading rate, which is generally 15-25% extra in addition to the permanent hourly rate. For more information, you can read our guide ‘What is a Casual Employee‘.
Can I Change My Employees Normal Hours?
Now we understand who is included in the definition of ‘casual employee’. The next question is whether we can change the employees normal hours. It can be common that a casual employee will receive similar rostered hours each week.
So is it legal to change your employees normal rostered hours? The short answer is yes. The purpose of casual employees is to have a flexible working arrangement. Hence, you can change their hours week to week. Further, there is no requirement for you to roster a causal employee for any hours at all.
It is important that the employee is aware of their employment structure. Therefore, we recommend establishing an Employment Agreement between you and the employee. You can customise our Casual Employment Agreement for free.
Get your Casual Employment Agreement now for free.
Hire casual employees in any industry. This Employment Agreement (Casual) is essential when hiring new employees for your business.
Is It Legal to Change Their Roster?
The next question to be answered is whether it is legal to change a casual employees roster once it has been sent out? A roster is a timetable that shows the specific days and times each employee is required to work. It is important to note that these requirements differ between industry awards. However, the Fair Work Act 2009 (Cth) sets out the general regulations surrounding roster changes.
In January 2014, the Fair Work Commission introduced new laws in this area. Specifically, employers must:
- Before introducing the change, consult the affected employee and notify them of the proposed change
- Provide information on the change
- Invite the employee to give their view and opinion on the impacts of the change
- Consider the impacts the change might have on the employee
Final Thoughts
To conclude, an employer has the right to change their casual employee’s roster. However, you must use caution. If you would like to change your employee’s roster, be sure to follow the above steps to ensure you are complying with the law. If you are unsure whether your roster changes are legal, consult an Employment Lawyer.
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