Western Australia Maximum Working Hours Laws (2026)
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 Western Australia differs from federal law
Maximum working hours for WA workers depend on whether they are in the national or state system. National system workers follow the NES (38 hours per week plus reasonable additional hours). State system workers are covered by the Minimum Conditions of Employment Act 1993 (WA).
- Under the Minimum Conditions of Employment Act 1993 (WA), the maximum ordinary working hours for state system employees is 38 hours per week, averaged over a work cycle of up to 4 weeks.
- WA has specific fatigue management regulations for the mining and resources sector, given the state's heavy reliance on mining. The Mines Safety and Inspection Act 1994 (WA) (being replaced by the Work Health and Safety Act) and the Code of Practice on Fatigue Management address shift work patterns in mining operations.
- The Children and Community Services Act 2004 (WA) restricts employment of children under 15 — they cannot be employed during school hours and are limited in the types of work they can perform.
- WA's fly-in-fly-out (FIFO) workforce often works extended rosters (e.g., 2 weeks on/1 week off), and the management of working hours and fatigue in FIFO arrangements is a significant regulatory focus.
Additional Steps in Western Australia
Report excessive hours to the Fair Work Ombudsman (national system) or DMIRS (state system, 1300 655 266). For mining fatigue issues, contact the Department of Mines (dmirs.wa.gov.au). Free advice from the Employment Law Centre of WA (1300 520 054).
Relevant Law: Fair Work Act 2009 (Cth), s 62; Minimum Conditions of Employment Act 1993 (WA); Mines Safety and Inspection Act 1994 (WA); Children and Community Services Act 2004 (WA)
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.