Queensland Maximum Hours (2026) - NES 38-Hr Week & Reasonabl
About this article
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.
How Queensland differs from federal law
Maximum working hours for most Queensland workers follow the National Employment Standards (38 ordinary hours per week plus reasonable additional hours). The state system has its own provisions for covered workers.
- Under the Industrial Relations Act 2016 (Qld), state system employees have maximum hour protections under their applicable awards and enterprise agreements, administered by the QIRC.
- Queensland has specific fatigue management laws for heavy vehicle drivers under the Heavy Vehicle National Law, which is headquartered in Brisbane and administered by the National Heavy Vehicle Regulator (NHVR).
- The Child Employment Act 2006 (Qld) restricts hours for children under 16: they cannot work during school hours, must not work more than 4 hours on a school day or 8 hours on a non-school day, and a parent or guardian must consent.
- Queensland's tropical and subtropical climate means that heat-related fatigue is a significant workplace issue, and employers have obligations under the Work Health and Safety Act 2011 (Qld) to manage heat exposure risks.
Additional Steps in Queensland
Report excessive hours to the Fair Work Ombudsman or the Office of Industrial Relations (for state system workers). For child employment issues, contact the OIR (1300 369 945). For heavy vehicle fatigue concerns, contact the NHVR (nhvr.gov.au).
Relevant Law: Fair Work Act 2009 (Cth), s 62; Industrial Relations Act 2016 (Qld); Child Employment Act 2006 (Qld); Heavy Vehicle National Law (Qld)
Common Questions
What is the maximum working hours right in Australia?
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 responsibi...
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.