What Is Rostering Compliance?
Rostering compliance refers to the process of creating employee work schedules that meet legal, contractual, and organisational obligations. In Australia, this primarily involves ensuring that rosters adhere to the Fair Work Act 2009, applicable modern awards, enterprise agreements, and workplace health and safety guidelines.
Rostering compliance isn't just about assigning shifts, it's about doing so fairly, safely, and lawfully. Employers who fail to roster correctly risk costly penalties, employee burnout, and reputational damage.
Fair Work – Rostering
Why Is Rostering Compliance Important?
Non-compliance with rostering laws can result in:
- Breaches of employee entitlements
- Increased absenteeism and turnover
- Legal action and financial penalties
- Damage to your employer brand
By maintaining compliance, businesses can reduce risk, improve employee satisfaction, and support a healthier, more productive workplace.
Key Elements of Rostering Compliance in Australia
- Award Interpretation
- Most Australian workers are covered by a modern award or enterprise bargaining agreement (EBA) that outlines conditions for shift lengths, breaks, overtime, penalty rates, and more.
- Example: Under the General Retail Industry Award, workers must have a minimum of 12 hours off between shifts.
- National Employment Standards (NES)
- The NES outlines 11 minimum entitlements, including maximum weekly hours (typically 38 hours + reasonable additional hours), rest breaks, and requests for flexible work.
- Minimum Breaks Between Shifts
- Depending on the award, employees must receive specific break periods between shifts (e.g., 10–12 hours) to ensure rest and recovery.
- Fatigue Management
- Overworking employees without sufficient rest can breach work health and safety (WHS) laws. Fatigue-related risks must be actively managed.
- Availability and Leave
- Employers must take into account employee availability, approved leave, and protected leave types (like parental or carer’s leave).
- Notice Requirements
- Some awards require employers to provide a roster in advance—usually 7 days—unless changes are mutually agreed.
- Accurate Timekeeping
- Employers must maintain accurate records of time worked, breaks taken, and rostering changes for auditing and payroll purposes.
Common Rostering Compliance Challenges
| Challenge |
Risk |
| Manually rostering without legal knowledge |
Increases chance of unintentional breaches |
| Short notice roster changes |
May breach required notice periods |
| Failing to track breaks or overtime |
Breach of NES or award |
| Not recording changes to rosters |
Poor audit trail, non-compliance with record-keeping laws |
| Ignoring fatigue risk factors |
WHS violations |
How Microkeeper Supports Rostering Compliance
Microkeeper’s rostering software helps Australian businesses automate compliance by embedding labour laws directly into scheduling workflows:
✅ Award interpretation built into the roster
✅ Warning flags for non-compliant shift patterns
✅ Leave and availability syncing
✅ Fatigue risk safeguards
✅ Budget vs actual wage comparisons
✅ Real-time updates with employee notifications
Best Practices for Rostering Compliance
- Know your applicable award or EBA
- Use Fair Work's Award Finder to determine what applies to your business.
- Automate award interpretation
- Manual compliance is error-prone. Use HR/payroll systems like Microkeeper to auto-check against shift rules.
- Track changes and maintain audit trails
- All roster changes should be time-stamped and archived.
- Engage employees with transparent communication
- Allow employees to access their rosters and receive alerts for changes.
- Plan ahead and publish rosters early
- Give at least 7 days’ notice unless otherwise allowed in your award.
- Stay up to date with legislative changes
Industry-Specific Compliance Examples
- Retail: Adhere to shift notice periods and weekend penalty rates under the Retail Award.
- Hospitality: Manage rotating shifts while respecting fatigue limits and public holiday entitlements.
- Healthcare: Rosters must meet strict WHS fatigue rules due to 24/7 operations.
- Construction: Adhere to site shutdown protocols and EBA-mandated break times.
FAQs About Rostering Compliance
Can I change a rostered shift at short notice?
Only under limited circumstances. Many awards require 7 days’ notice or mutual agreement for last-minute changes.
Do I need to keep records of past rosters?
Yes. Under the Fair Work Act, records must be kept for 7 years, including changes and approvals.
What if an employee refuses a shift change?
You must act in accordance with the applicable award or agreement. Some changes cannot be enforced without mutual consent.
Are salaried workers exempt from rostering rules?
Not necessarily. If they’re covered by an award, roster requirements and entitlements still apply.
Final Thoughts
Rostering compliance is not just a legal requirement, it’s a key factor in employee wellbeing, safety, and operational efficiency. With tools like Microkeeper, staying compliant can be automated, accurate, and stress-free.
Disclaimer: This content is provided for informational purposes only and should not be considered legal advice. Please consult the Fair Work Ombudsman or a legal professional for guidance specific to your business.
