South Australia Maximum Working Hours Laws (2026)
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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 South Australia differs from federal law
Maximum working hours for SA workers follow the National Employment Standards under the Fair Work Act 2009 (Cth) — 38 ordinary hours per week, plus reasonable additional hours.
- Since SA referred its industrial relations powers to the Commonwealth, there is no separate state industrial relations commission setting hours for public-sector workers — the NES applies to virtually all SA employees.
- The Work Health and Safety Act 2012 (SA) (model WHS law) places duties on employers to manage fatigue risks that arise from excessive working hours, shift work, or on-call arrangements.
- SafeWork SA is the state regulator responsible for enforcement of WHS obligations, including those related to work hours and fatigue management.
- SA has specific regulations for transport workers through the Heavy Vehicle National Law (South Australia) Act 2013, which imposes chain-of-responsibility obligations on the entire transport supply chain.
Additional Steps in South Australia
Report excessive working hours to the Fair Work Ombudsman. Fatigue and safety concerns go to SafeWork SA (1300 365 255 or safework.sa.gov.au).
Relevant Law: Fair Work Act 2009 (Cth), s 62; Work Health and Safety Act 2012 (SA); Heavy Vehicle National Law (South Australia) Act 2013 (SA)
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.