Case

Poynton v Davmat Investments Pty Ltd T/A Little Saints Early Learning (2026)

Davmat Investments Pty Ltd T/A Little Saints Early Learning (employer) employed a part-time employee who worked 9am to 3pm, Monday to Friday. The employee’s contract stated she was to work a minimum of 15 hours per week, and she had consistently worked 30 hours per week.

The employee requested a flexible work arrangement to remove Wednesdays from her schedule. In response, the employer initially offered a 3-day week, but later changed the offer to 2 days per week from 9:30am to 6pm. The employee declined the offer.

The employer asserted that it had the right under the Children’s Services Award 2020 (Award) to unilaterally change a part-time employee’s days by providing 7 days’ notice. The employer also claimed that this change would not breach the employment contract since the number of hours the employer sought was greater than the 15 per week minimum required under the contract.