My employee falls under the Manufacturing and Associated Industries and Occupations Award 2010. I want to change their hours of work due to changes in business requirements. Can I do so?
If you want to change the hours of work of employees, you will need to first look at the instruments that will be relevant to you and to those employees. Such instruments could include the relevant award, an enterprise agreement, letters of appointment, employment contracts and verbal agreements.
If an employee was only governed by the Manufacturing and Associated Industries and Occupations Award 2010, then the award would normally afford the employer a great deal of managerial prerogative to change hours of work following consultation.
The Manufacturing and Associated Industries and Occupations Award 2010 has consultation requirements at clause 9.2 for changes to rosters or hours of work. Amongst other things, these provisions require that an employer consult with the employees affected and their representatives, if any, about the proposed changes.
The employer must provide information about the proposed changes, invite the views of those that may be impacted (including any impact in relation to family or caring responsibilities) and give consideration to any views expressed.
However, the wording of a letter of appointment or an employment contract may impose restrictions on an employer’s ability to change hours of work. For example, an employer may have set out the employee’s hours of work in the employment contract. In addition, the employer may have stated in the relevant employment contract that hours of work will be determined by agreement between the employer and employee.
If employees are contractually entitled to certain arrangements in regards to hours of work, then the employer may not be able to alter those hours of work without the consent of the employee.
Please call the Ai Group Workplace Advice Line on 1300 55 66 77 for strategic advice about the variety of options open to employers who wish to change hours of work of employees.
The Ai Group Workplace Relations Consulting team is also able to provide assistance with the drafting of employment contracts in a manner most beneficial to an employer.
Clinton is the Publications Manager at Ai Group. He is responsible for a number of key services including Annotated Modern Awards, Workplace Relations Handbooks and the management of Ai Group’s HR and Health & Safety Resource Centres. Clinton has a Masters in Employment Relations and previously held advisory roles with the Workplace Authority and Fair Work Ombudsman.
