Can I Change a Staff Roster Last-Minute? Restaurant Award (MA000119)

The 7-Day Notice Rule — Clause 15.3(d)

Clause 15.3 of MA000119 deals specifically with rosters for full-time and part-time employees. The employer must:

• Prepare a roster showing each employee’s name and the times at which they start and finish work (clause 15.3(b))
• Post the roster in a conspicuous place that is easily accessible by employees (clause 15.3(c))
• Only change the roster by mutual agreement with the employee, or by giving the employee 7 days’ notice of the change (clause 15.3(d))

The 7-day notice is the floor. The employee can agree to a shorter notice period — but it must be a genuine agreement, not pressure dressed up as agreement. Section 344 of the Fair Work Act 2009 (Cth) prohibits an employer from exerting undue influence or undue pressure on an employee to make an agreement of this kind.

Practical examples:

• OK: Manager texts a part-time employee asking if they’ll swap their Tuesday shift to Wednesday. Employee replies “sure.” Mutual agreement made — no notice required
• OK: Manager posts a new roster on Monday for the week starting the following Monday. 7 days’ notice given — no mutual agreement needed
• NOT OK: Manager calls a part-time employee at 9am Saturday asking them to come in at 11am instead of 5pm. Employee says no. Manager insists. This is neither mutual agreement nor 7 days’ notice

Rostered Days Off — 2 Weeks’ Notice

Under clause 15.4(a), the employer must, where practicable, give an employee a minimum of 2 weeks’ notice of any rostered day off. This is more notice than required for general roster changes because RDOs typically connect to broader personal arrangements (childcare, second jobs, medical appointments).

Clause 15.4(b) provides that an RDO may be changed by mutual agreement, or for any reason beyond the control of the employer (including sickness). “Reason beyond the control of the employer” is not a free pass for any operational inconvenience — it covers genuinely unexpected events the employer could not reasonably plan around.

The 2-week RDO notice and the 7-day general roster notice operate together. A change that affects an RDO needs to satisfy both clause 15.3(d) (the 7-day rule, unless mutual agreement) and clause 15.4(a) (the 2-week rule, where practicable).

The Consultation Obligation — Clause 33

Clause 33 of MA000119 requires consultation about changes to rosters or hours of work — separate from the notice requirements. The consultation obligation applies where the employer proposes to change the regular roster or ordinary hours of work of an employee, but does not apply to employees whose hours of work are irregular, sporadic, or unpredictable.

Under clause 33, the employer must:

• Provide affected employees with information about the proposed change
• Invite the affected employees to give their views about the impact of the proposed change (including any impact in relation to family or caring responsibilities)
• Consider any views given by the employees before making the change

Clause 33 is not a veto right. The employer is not required to obtain agreement, only to genuinely consult and consider views. But going through the motions, or consulting after the decision is already made, will not satisfy the clause.

Casuals and Last-Minute Changes

The roster provisions in clause 15.3 are titled “Rosters (full-time and part-time employees).” They do not apply to casual employees, whose engagements are governed by clause 11 and the 2-hour minimum engagement rule under clause 11.3.

This has two practical consequences:

• Casuals can refuse offered shifts — a casual has no firm advance commitment to ongoing work, so they are free to accept or decline any shift offered. Saying “no” to a last-minute call-in is not a breach of the Award. Adverse action against a casual for declining is prohibited under Part 3-1 of the Fair Work Act
• Once a casual has accepted, the 2-hour minimum applies — if the employer cancels a casual’s confirmed shift on short notice, the casual must still be paid for the 2-hour minimum engagement under clause 11.3 if they have already presented for work. Some venues also offer a goodwill payment for cancellations more than 2 hours before the start time, although this is not required by the Award

Right to Disconnect — Clause 15A

Clause 15A of MA000119 (inserted by PR778103 from 26 August 2024) gives effect to the employee right to disconnect under section 333M of the Fair Work Act. It applies to non-small business employers from 26 August 2024 and to small business employers from 26 August 2025.

Under section 333M, unless it is unreasonable to do so, an employee may refuse to monitor, read, or respond to contact (or attempted contact) from their employer outside of the employee’s working hours. This includes contact about last-minute roster changes. Whether a refusal is unreasonable depends on factors including the reason for contact, the nature of the employee’s role, and any compensation for being available outside hours.

Practical implication: A late-night text asking a part-timer to swap a shift the next morning may be lawful contact — but the employee’s decision not to read or respond until the next day is a protected exercise of the right to disconnect. The 7-day notice rule under clause 15.3(d) cannot be circumvented by sending a barrage of messages outside hours.

Reasonable Refusal of Additional Hours — NES Section 62

Under section 62 of the Fair Work Act, an employee may refuse to work additional hours beyond their ordinary hours if they are unreasonable. Factors include any risk to health and safety, the employee’s personal circumstances (including family responsibilities), the needs of the workplace, the notice given by the employer, and any usual patterns of work in the industry.

This applies in addition to the Award’s notice rules. Even where the employer gives 7 days’ notice of an extended roster, the employee retains the section 62 right to refuse additional hours that are unreasonable.

Unauthorised Roster Changes — What Happens

Where an employer changes a roster outside the Award’s notice or mutual agreement framework, the employee may have multiple avenues:

• Award dispute resolution: Clause 34 of MA000119 provides a process for resolving disputes about the Award’s application, escalating to Fair Work Commission conciliation or arbitration
• Underpayment claim: If the change resulted in the employee not being paid for hours they were rostered to work, an underpayment claim arises. Civil penalties under the Fair Work Act apply (see the underpayment guide linked below)
• Adverse action claim: If the roster change was retaliation for the employee exercising a workplace right (such as raising a concern, taking leave, or refusing under section 62), Part 3-1 protections apply
• General protections proceedings: Adverse action because of family or caring responsibilities is unlawful under section 351 of the Fair Work Act

Common Roster-Change Mistakes in Restaurants

• Calling a roster change “mutual agreement” when it’s not — sending a text saying “you’re now on Saturday, let me know if that’s a problem” and treating silence as agreement is not mutual agreement under clause 15.3(d). Express agreement is required
• Treating the 7-day notice as starting from when the new roster is uploaded — notice runs from when the employee actually receives the change, not when the manager updates the rostering app
• Skipping consultation under clause 33 for “regular” changes — if the change affects the regular roster or ordinary hours of an employee whose hours are not irregular, clause 33 applies. Consultation must happen before the change is finalised
• Ignoring the 2-week RDO notice — the practicability test under clause 15.4(a) is not satisfied by the employer’s preference to retain flexibility. RDOs should be planned 2+ weeks in advance unless something genuinely unforeseen prevents it
• Pressuring employees to accept short-notice changes — section 344 of the Fair Work Act prohibits undue influence or pressure to make an agreement under the Award. “If you don’t agree we’ll have to find someone else” is the kind of language that creates legal exposure
• Confusing casual call-ins with part-time roster changes — a casual who hasn’t yet accepted the shift is not on the roster. A part-timer’s rostered shift cannot be unilaterally swapped in the same way
• Forgetting the right to disconnect — sending change requests after hours and expecting an immediate response is not consistent with clause 15A and section 333M of the Fair Work Act

Related Restaurant Award Guides

Frequently Asked Questions