Maximum Working Hours in South 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-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 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
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.
Maximum Working Hours in other states
Same topic, different jurisdiction. Pick the one that applies to you.