Maximum Working Hours
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
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-time employees' maximum is their agreed ordinary hours.
Your employer can ask you to work extra hours, but only if those hours are reasonable. The Fair Work Act lists factors to decide what's reasonable:
- Any risk to your health and safety from working the extra hours.
- Your personal circumstances, including family responsibilities.
- How much notice you were given.
- Whether you are paid overtime rates or receive other compensation.
- The usual patterns of work in your industry.
- Your role and level of responsibility.
You have the right to refuse unreasonable additional hours, and your employer cannot punish you for doing so.
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 should you do?
- Keep accurate records of all hours you work, including start and finish times.
- Check your award or enterprise agreement for any overtime or penalty rate entitlements.
- If you believe the additional hours are unreasonable, explain your concerns to your employer in writing.
- Contact the Fair Work Ombudsman on 13 13 94 if your employer pressures you to work unreasonable hours.
What should you NOT do?
- Don't just stop turning up without telling your employer — raise the issue properly first.
- Don't assume all overtime is voluntary. Reasonable additional hours are lawful, so focus on whether the request meets the reasonableness test.
- Don't sign away your right to refuse unreasonable hours. A contract clause that forces unlimited overtime may not be enforceable.
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