Employment Law: 04 August 2025
Author: Aaron Stewart - Our People
Imagine arriving to work one day only to find a new contract on your desk, detailing major changes to your role, hours, or pay. Your heart sinks as you wonder: Can they actually do this?
Unfortunately, this situation happens more often than you might think, and it’s crucial to know your rights.
Your employment contract is worth more than the paper it is written on. This binding contract outlines your role, pay, and benefits, and other formalities. It’s basically the backbone of your relationship with your employer. In Australia, these contracts are legally governed by the Fair Work Act 2009.
However, different types of employment arrangements have varying levels of flexibility:
The short answer is that employers cannot unilaterally change your contract without your consent. It is difficult to change a contract once it has been signed. However, there are some exceptions, including:
For example, Mark, a marketing coordinator, found that his company wanted to change his working hours from 9-5 to 10-6 to better align with client needs. As his contract had a flexibility clause regarding working hours, this change was permissible without his explicit consent.
Changes to your work contract that typically require your consent include:
On the flip side, changes that may not require an employee’s consent include:
If your employer proposes changes, don’t panic. Follow these steps:
If negotiating, be prepared with research and stats on industry standards. Remain calm and stay professional during the negotiating stage. Be open to compromise, and document all discussions.
However, if negotiations fail, you still have several options:
For instance, John, an IT specialist, was asked to take on significant additional responsibilities without a pay increase. When negotiations failed, he successfully used his company’s formal grievance process to reach a fair compromise.
In more severe situations, legal recourse may be necessary. If you find yourself in any of the below situations, seek professional legal help right away:
While employers cannot change your contract without consent, workplace realities sometimes necessitate adjustments. By understanding your rights, communicating effectively, and being open to reasonable compromise, you can navigate contract changes successfully.
If you’re ever unsure about your rights or the legality of proposed changes, don’t hesitate to seek professional advice. Your employment contract is a crucial document that protects your rights – make sure you understand and advocate for those rights throughout your career.