Maximum Working Hours in New South Wales
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-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 to Do If Your Australian Employer Is Forcing You to Work Unreasonable Hours
- 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.
How New South Wales differs from federal law
Maximum working hours for most NSW workers follow the National Employment Standards under the Fair Work Act 2009 (Cth) — 38 ordinary hours per week, plus reasonable additional hours. NSW state-system employees have hours governed by their respective state awards.
- The NSW Shops and Industries Act 1962 was historically significant but most of its provisions are now superseded by the Fair Work Act for national-system employers.
- NSW Government employees' hours are set by the Crown Employees (Conditions of Employment) Award — typically 35 hours per week for most public servants, which is less than the national standard.
- NSW has specific regulations for long-distance truck drivers and transport workers through SafeWork NSW chain-of-responsibility laws under the Heavy Vehicle National Law (NSW).
- For young workers under 18 in NSW, the Children and Young Persons (Care and Protection) Act 1998 restricts working hours during school terms.
Additional Steps in New South Wales
Report excessive working hours to the Fair Work Ombudsman or, for NSW state-system workers, to the NSW Industrial Relations Commission. Transport sector complaints go to SafeWork NSW (safework.nsw.gov.au).
Relevant Law: Fair Work Act 2009 (Cth), s 62; Industrial Relations Act 1996 (NSW); Heavy Vehicle National Law (NSW) No 42a of 2013; Children and Young Persons (Care and Protection) Act 1998 (NSW)
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 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 mistakes should I avoid with maximum working hours?
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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