Maximum Working Hours in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under the National Employment Standards (NES), a full-time employee cannot be required to work more than 38 hours per week plus reasonable additional hours. Part-timers cap at their agreed ordinary hours.
The fight is almost always about what counts as "reasonable." Section 62 of the Act spells out the test:
- Risk to your health and safety from the extra hours.
- Your personal circumstances — particularly family responsibilities.
- How much notice you were given.
- Whether you're being paid overtime or otherwise compensated.
- Usual patterns of work in the industry.
- Your role and level of responsibility.
You have the right to refuse unreasonable additional hours, and refusal cannot be used as the basis for adverse action.
When does it apply?
- You are a full-time or part-time employee covered by the national system.
- Casual employees can also refuse additional hours if they are unreasonable.
- Some awards and enterprise agreements set different ordinary hours (e.g., shift workers may have averaging arrangements).
What to Do If Your Australian Employer Is Forcing You to Work Unreasonable Hours
- Keep your own hours record. Start and finish times, every shift. Phone notes are fine.
- Check the award or enterprise agreement for overtime or penalty rates — they're often missed.
- If the extras are unreasonable, raise it with the employer in writing. Cite s. 62.
- If pressure continues, call the Fair Work Ombudsman on 13 13 94.
What should you NOT do?
- Don't just stop turning up. Raise the issue formally first, or you'll be the one in breach.
- Don't assume all overtime is voluntary. Reasonable additional hours are lawful — the question is whether what's being asked meets the test.
- Don't sign away the right. A clause demanding unlimited overtime may not be enforceable against the NES.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does maximum working hours apply?
You are a full-time or part-time employee covered by the national system.Casual employees can also refuse additional hours if they are unreasonable.Some awards and enterprise agreements set different ordinary hours (e.g., shift workers may have averaging arrangements).
What should I do if my employer in Australia is pressuring me to work more than reasonable hours?
Keep your own hours record. Start and finish times, every shift. Phone notes are fine.Check the award or enterprise agreement for overtime or penalty rates — they're often missed.If the extras are unreasonable, raise it with the employer in writing. Cite s. 62.If pressure continues, call the Fair Work Ombudsman on 13 13 94.
What mistakes should I avoid with maximum working hours?
Don't just stop turning up. Raise the issue formally first, or you'll be the one in breach.Don't assume all overtime is voluntary. Reasonable additional hours are lawful — the question is whether what's being asked meets the test.Don't sign away the right. A clause demanding unlimited overtime may not be enforceable against the NES.
Maximum Working Hours in other states
Same topic, different jurisdiction. Pick the one that applies to you.