Employment contracts and laws
In Australia, your employer typically holds the authority to adjust your work hours, provided it aligns with the terms of your employment contract and adheres to relevant employment laws and regulations. However, your employer must discuss any changes to your work hours with you beforehand and provide a valid reason for the reduction.
The rights and protections of employees regarding working hours are governed by various laws, including the Fair Work Act 2009. This legislation sets out minimum standards for working conditions, including provisions related to hours of work, overtime, breaks, and flexible working arrangements.
Here are some key points regarding working hours and employer obligations in Australia:
Modern awards & enterprise agreements
Many employees in Australia are covered by modern awards or enterprise agreements, which set out the minimum terms and conditions of employment for particular industries or workplaces. These instruments may include provisions regarding ordinary hours of work, penalty rates for overtime, and other entitlements.
Maximum weekly hours
The Fair Work Act 2009 specifies that employees covered by the national workplace relations system should not be required to work more than 38 hours per week (or the equivalent for part-time employees) unless reasonable additional hours are worked.
Consultation & notice
Employers are generally required to consult with employees and their representatives before making significant changes to working hours. This includes providing reasonable notice of any proposed changes and discussing the reasons for the changes.
Redundancy & hours reduction
If your employer reduces your hours of work due to operational reasons or changes in business circumstances, it could potentially lead to a situation of redundancy. In such cases, employees may be entitled to redundancy pay and other entitlements under the Fair Work Act or relevant industrial instruments.
Unfair dismissal & adverse action
If you believe that your employer has reduced your hours of work unfairly or unlawfully, you may have recourse under unfair dismissal laws or provisions related to adverse action. These laws protect employees against unfair treatment, including unfair dismissal or adverse action taken by employers for exercising workplace rights.
Seeking assistance
If you have concerns about changes to your hours of work or believe that your rights have been violated, you can seek assistance and advice from various sources, including the Fair Work Ombudsman, trade unions, legal services, or employer associations.
If your employer reduces your hours without your consent or a valid reason, they might be breaching your employment contract or Australian employment laws. In such cases, you may have options to address the situation, such as discussing the matter with your employer, seeking assistance from a trade union or employee representative, or seeking legal advice.
It's essential to familiarise yourself with your rights and protections under Australian employment laws, including those related to working hours, and to consult with relevant authorities or legal professionals if you believe your rights have been violated. Additionally, many Australian employees are covered by awards or enterprise agreements that provide additional protections regarding working conditions, including hours of work.
Are you looking for a job?
Now that you know whether your employer can reduce your hours of work in Australia, you should take a moment to check our current vacancies page.
At 11 Recruitment, we have a range of white-collar temp and perm jobs available. We're always on the lookout for top talent to place with our clients, so we encourage you to apply for any positions that are of interest.
If none of our current vacancies are right for you, you should register for job alerts. Then we’ll be able to notify you when we receive a position that matches your profile.
