Your working hours: maximums, reasonableness & averaging
Maximum weekly hours
An employer must not request or require a full‑time employee to work more than 38 ordinary hours per week (or a part‑timer more than their agreed ordinary hours) unless additional hours are reasonable.
Reasonableness factors (illustrative)
- Any risk to health and safety from working the additional hours;
- The employee’s personal circumstances (including family responsibilities);
- The needs of the workplace or enterprise and usual patterns of work in the industry;
- The nature of the role and level of responsibility;
- Whether overtime/penalties or other compensation applies – or whether remuneration reflects an expectation of additional hours;
- Any notice given by either party to work or refuse the additional hours;
- Whether the hours align with any averaging arrangement (award/EA/contract); and
- Any other relevant matter.
Averaging ordinary hours
Ordinary hours may be averaged over a specified period (e.g., 152 hours in 4 weeks). This can allow more than 38 hours in some weeks balanced by fewer in others, where permitted by an award/EA/contract.
Part‑time employees
The same framework applies, but the maximum is the employee’s agreed ordinary hours if they are less than 38.
Contractual arrangements & RDO models
Ordinary‑hours patterns and averaging periods should appear in your contract. A common exception is a rostered day off (RDO) model: for example, 8 hours worked per day but only 7.6 paid, with 0.4 hours accruing toward one paid day off per 4‑week cycle.