In certain industries, the use of regular rosters can be quite important when it comes to managing a business. Rosters can assist businesses in maintaining adequate staffing levels, particularly to fulfil business needs during busy periods and help managers confirm employees are provided appropriate hours in relation to their employment contracts. Under Modern Awards, rostering must meet the minimum legal notice requirements. This leaves employers often asking the question – do our rosters provide sufficient notice?  

Modern Award requirements  

Modern awards are maintained by the Fair Work Commission (FWC) and outline the minimum conditions for employees, including ordinary hours of work, breaks, and rostering. Most awards will contain specific provisions regarding:  

• the minimum notice periods for changes to rosters;  
• consultation requirements with employees about significant changes; and  
• flexibility arrangements and protections for employees with family or caring responsibilities.  

Queries regarding rosters often come from (but are not limited to) employers in the retail, hospitality or manufacturing industries.  

The General Retail Industry Award 2020 provides the following rostering provisions:  

• Rosters must be provided at least seven days in advance.  
• Employers must give seven days’ notice of any change to the roster.  
• Changes to the roster must be discussed with the affected employee before being implemented.  
• Shorter notice is only allowed in genuine emergencies.  

The Hospitality Industry (General) Award 2020 provides the following rostering provisions:  

• Weekly rosters must be displayed showing start/finish times and meal breaks.  
• Rosters must be published at least seven days in advance.  
• Any changes to rosters require 48 hours’ notice.  
• Shorter notice may be allowed only for emergency situations.  

The Manufacturing and Associated Industries and Occupations Award 2020 provides the following rostering provisions:  

• Employees must be given at least seven days’ notice of shift changes.  
• Ordinary hours can be worked on a rotating shift basis, but changes to the pattern require employee agreement or consultation.  
• A Consultation process is required for major changes, including alterations to regular rosters or ordinary hours.  

These provisions provide a sense of predictability and work-life balance for employees.  

Can staff rosters provide sufficient notice?  

In most circumstances, a roster may provide sufficient notice if it aligns with the relevant Modern Award. However, it is important for employers to understand each award is different.  

Simply giving an employee a roster for the upcoming week (or fortnight) may satisfy notice requirements, provided it is given within the prescribed time frame under the Award (e.g., at least seven days in advance). This notice may be deemed sufficient for the employee to organise their personal affairs around work commitments.  

When employers make changes to an already posted roster, most modern awards require specific notice periods for the proposed changes (often 48 hours). If these proposed changes are made without adequate notice or consultation with the employees affected, the employer may be in breach of the award.  

It is important for employers to remember casuals often do not have guaranteed hours, but changes to expected shifts still need to comply with the consultation process and notice provisions under the Award. This is especially the case if patterns of work are established.   

Modern Awards will often allow shorter notice in emergencies, such as unexpected employee absences or operational disruptions. However, these should be used sparingly and clearly documented.  

Common mistakes  

Common mistakes that employers might make in regular rostering include:  

• Making last minute changes without consulting employees  
• Assuming casual employees do not require notice of roster changes  
• Changing shifts within 48 hours without valid justification  
• Not documenting changes or discussions with employees  
• Failing to consult with employees before changing shift patterns.  
• Not giving proper written notice for altered rosters  

Best practices for effective rostering of employees  

Rostering employees may provide sufficient notice if the rostering system complies with the relevant Modern Award. There are slight differences to each Award so it is important for employers to read and understand their requirements under the relevant Award. Usually, Modern Awards will require the following:  

• Publication of the roster in advance.  
• Formal notice and consultation process when making changes.  
• Documentation of communications with employees regarding the change.  

Employers should consider the following when implementing their rostering system in the workplace:  

• Use digital rostering tools that log publication dates and updates.  
• Keep written records of any changes and employee acknowledgments.  
• Avoid making last-minute changes unless absolutely necessary.  
• Train supervisors and rostering managers on award-specific obligations.  

By aligning rostering practices with award requirements, employers can ensure compliance in their workplace.  

How can Business Chamber Queensland help?  

Navigating rostering and notice requirements can be complex and overwhelming for employers. Failure to comply can result in breaching relevant Modern Awards and can lead to financial penalties or compensation orders from the Fair Work Commission.  

Business Chamber Queensland can help. We provide expert advice on interpreting Modern Awards and can provide workplace relations support, so your business remains compliant and protected from penalties.