I understand how upsetting and stressful it can be when your employer suddenly cuts your hours and pay. It's completely natural to feel worried and unsure about your next steps when your financial security is threatened. Rest assured, I'm here to help you understand your rights and explore the options available to you under Australian employment law.

Let me look up the most relevant information for your situation. I understand this is a concerning situation - having your hours and pay suddenly cut can be really stressful. Let me explain what rights you have and when this might be legal or not.

When cutting hours and pay might be legal:

Your employer can generally reduce your hours and pay in certain limited circumstances. There are limited circumstances where an employer can stop paying an employee or an employee's pay and entitlements can be reduced. This includes: where an employee has been stood down because there is no useful work for an employee due to events beyond the control of the employer, such as during severe weather or natural disasters.

When it's likely illegal:

However, there are important protections that might apply to your situation. If you're a casual employee who has been working regular hours, an employer must not reduce or vary an employee's hours of work, or terminate their employment, to avoid changing the employee's status to part-time or full-time employment.

Your employer also cannot take adverse action against you for exercising workplace rights. An employer must not take adverse action against an employee who has exercised their rights relating to changing from casual to full-time or part time employment. Adverse action against an employee includes: changing the employee's role or hours for the worse.

What determines if this is legal:

The key factors are:

• Whether you have an employment contract, award, or agreement that specifies your hours
• The reason your employer is giving for the reduction
• Whether this is genuinely due to lack of work or business circumstances beyond their control
• Whether you're a casual, part-time, or full-time employee

Your rights and protections:

Most people working in Australia are covered by the National Employment Standards. The NES apply to all employees covered by the national workplace relations system regardless of the award, agreement or contract of employment that applies to an employee. The NES ensure that you have certain minimum conditions of employment. These minimum conditions cannot be reduced.

What you should do:

First, try to resolve this informally by asking your employer to explain in writing why they're reducing your hours and pay. Request to see any policy or agreement that allows this.

You should also check what award or agreement covers your job, as awards are legal documents that set out the minimum pay rates and conditions of employment. Knowing which award applies helps make sure employees get their correct entitlements.

Your situation summary:

You're facing a unilateral reduction in hours and pay from your employer. Unless this falls under very specific circumstances like genuine lack of work due to events beyond your employer's control, or is allowed under your specific award or agreement, this is likely a breach of your employment rights under Australian workplace law.

The legality depends on your employment type, the reason for the reduction, and what your employment documents say. You have strong protections under the National Employment Standards that prevent arbitrary reductions to your minimum conditions, and additional protections if you're a casual employee working regular hours.

Here are some practical steps you can take:

1. Immediate Actions:

• Request Written Explanation: Formally request a written explanation from your employer detailing the reasons for the reduction in hours and pay. This will be crucial for assessing the legality of their actions.
• Review Employment Documents: Scrutinize your employment contract, any relevant enterprise agreement, and the applicable Modern Award for clauses regarding changes to hours, pay, and termination conditions.
• Document Everything: Keep a detailed record of all communications with your employer regarding this issue, including dates, times, and the content of discussions.

2. Strategic Workplace Navigation:

• Initial Conversation: Have a calm, professional conversation with your boss to understand their perspective. There may be financial realities they're facing, but this doesn't make the situation right. Express that you're a dedicated employee and want to find a solution that works for everyone.
• Seek Support: Talk to trusted colleagues or mentors within the company. They may have insights into the company's practices and can offer advice on navigating this situation.
• Union Representation: If you are a union member, contact your union immediately for advice and representation.

3. Building Your Case:

• Gather Evidence: Compile any evidence that suggests the reduction in hours and pay is not due to genuine business reasons. This could include company performance data, workload distribution, or comments made by your employer.
• Check for Alternatives: Research if there are other roles within the company that you could potentially transfer to, maintaining your current salary and hours.
• Performance Documentation: Collect any positive performance reviews, commendations, or records of achievements. This will demonstrate your value to the company.

4. Legal & Fair Work Resources:

• Fair Work Ombudsman: Contact the Fair Work Ombudsman for initial advice on your rights and potential next steps. They can provide guidance on whether your employer's actions are in violation of the Fair Work Act.
• Legal Consultation: Consult with an employment lawyer to discuss your options and receive tailored advice based on your specific circumstances. Many lawyers offer free initial consultations.

5. Career Advancement & Protection:

• Professional Development: Invest in upskilling or further training to enhance your value in the job market. This can also provide leverage for negotiating a better outcome with your current employer.
• Update Resume: Start updating your resume and LinkedIn profile, and begin exploring other job opportunities. This ensures you have options if the situation cannot be resolved.
• Network Strategically: Strengthen your professional network by attending industry events and connecting with people in your field.

Important Considerations:

• Award Coverage: Determine the specific Modern Award that covers your industry and role. Modern Awards outline minimum entitlements, including pay rates and conditions of employment.
• Adverse Action: Be aware of your rights regarding adverse action. Your employer cannot legally reduce your hours or pay as a form of punishment or discrimination.

Remember, you have rights and options. Don't hesitate to seek support from your union, legal professionals, and workplace mentors.