Your Rights: Rosters and Breaks

Rosters

Your working week

The National Employment Standards say your hours can’t go past 38 hours per week. Your employer can ask you to work more, but the request must be reasonable.

Roster changes

Your employer must consult with you (and/or your union delegate) before making changes to your regular roster or hours. This applies to employees covered by an Award or Enterprise Agreement.

During consultation, you can explain how changes might affect you – including things like family commitments or caring responsibilities.

Exception: Employers don’t have to consult workers with irregular, sporadic or unpredictable hours. Being casual doesn’t automatically exclude you – some casual workers have regular rosters.

Notice of changes

After a roster is fixed, your employer usually needs to give you notice before changing your start or finish times. How much notice depends on your workplace – check with your union.

What if you can’t work the shifts you’ve been given?

• Casual workers: You have the right to refuse, swap or change shifts in most cases
• Part-time/full-time workers: Your employer must go through the consultation process before making changes to the regular roster or hours of work. If your working arrangements are fixed in a contract of employment, they must reach agreement with you before making changes

Personal or family commitments

• Casual workers: You can pull out of a shift if commitments change. Give as much notice as possible.
• Part-time/full-time workers: For caring for an unwell family member, give notice as soon as possible and take personal leave. For funerals, use compassionate leave. For other reasons, you can request changes, but your employer can refuse if consultation has already happened.

Casual workers. Can your boss stop giving you work if you can’t work a shift? Learn your rights here.

Breaks

Your Award or enterprise agreement sets the rules for breaks. Here’s what you need to know:

Rest breaks (tea breaks)

These are short breaks during work hours to rest. They can be paid or unpaid depending on your Award. They’re also called “rest pauses” or “tea breaks.”

Meal breaks

These are longer breaks that give you uninterrupted time to eat. Awards and agreements set rules about:

• When meal breaks happen
• How long they are
• Whether they’re paid or unpaid

Crib breaks

A crib break is a paid meal break. Some Awards include crib breaks for situations like:

• Working overtime
• Working in particular conditions

Minimum time off between shifts

Some Awards and agreements require a minimum break between the end of one shift and the start of the next.

Check your employment type

The rules depend on whether you’re:

• Full-time – working the full ordinary hours for your workplace
• Part-time – guaranteed minimum hours, but fewer on average than full-time
• Casual – no guaranteed hours, but you get casual loading (extra pay)

Note: Contractors aren’t employees, so they don’t get the same protections.

Learn the difference between casual, part-time, full-time and other types of employment.

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