Tasmania 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 Tasmania differs from federal law
Maximum working hours for Tasmanian workers follow the National Employment Standards under the Fair Work Act 2009 (Cth) — 38 ordinary hours per week, plus reasonable additional hours.
- Since Tasmania referred its industrial relations powers, the NES applies to virtually all Tasmanian employees. There is no separate state-based regulation of working hours.
- The Work Health and Safety Act 2012 (Tas) (model WHS law) places duties on employers to manage fatigue risks associated with excessive working hours, shift work, and on-call arrangements.
- WorkSafe Tasmania is the state regulator responsible for enforcing WHS obligations, including those related to fatigue management in high-risk industries such as aquaculture, forestry, and mining.
- Tasmania's significant tourism and hospitality sector sees seasonal fluctuations in working hours, and employers must still comply with NES limits and reasonable additional hours provisions during peak periods.
Additional Steps in Tasmania
Report excessive working hours to the Fair Work Ombudsman. Fatigue and safety concerns go to WorkSafe Tasmania (1300 366 322 or worksafe.tas.gov.au).
Relevant Law: Fair Work Act 2009 (Cth), s 62; Work Health and Safety Act 2012 (Tas); Work Health and Safety Regulations 2012 (Tas)
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.