Section 27BK | Right to reasonable notice of cancellation of or change to a shift ^F1

(1)Subsection (2) applies in relation to an employer and a worker where—^F1

(a)the employer has given notice of a shift to the worker,^F1

(b)the shift is one that the worker was entitled to reasonable notice of under section 27BJ(1), (2) or (3), and^F1

(c)where the shift is one that the employer has requested (rather than required) the worker to work, the worker has agreed to work it.^F1

(2)The employer must give reasonable notice to the worker of—^F1

(a)the cancellation of the shift by the employer;^F1

(b)any change requested or required by the employer consisting of—^F1

(i)a change to when the shift is to start or end;^F1

(ii)a reduction in the number of hours to be worked during the shift because of a break in the shift;^F1

(but this is subject to section 27BM).

(3)It is to be presumed, unless the contrary is shown, that—^F1

(a)notice of the cancellation of a shift is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);^F1

(b)notice of a change to when a shift is to start is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the earlier of—^F1

(i)when the shift would have started (if the shift had not been changed), and^F1

(ii)when the shift is due to start (having been changed);^F1

(c)notice of any other change to a shift is not reasonable notice for the purposes of subsection (2) if it is given—^F1

(i)less than a specified amount of time before the shift is due to start;^F1

(ii)on or after the start of the shift.^F1

(4)In this section, “notice of a shift” has the same meaning as in section 27BJ.^F1