Maximum weekly hours and overtime

At a glance (Summary)

  • NES maximum: Full‑time employees: 38 ordinary hours per week. Part‑time: up to their agreed ordinary hours (if less than 38).
  • Additional hours: May be worked only if reasonable. The Fair Work Act lists factors to assess “reasonableness”.
  • Averaging: Ordinary hours can be averaged (e.g., 152 hours over four weeks) if permitted by an award/EA/contract.
  • Payment: Overtime/penalties are payable where provided by a modern award, enterprise agreement or contract. Loaded salaries may incorporate compensation for reasonable additional hours.
  • Right to refuse: Employees can refuse unreasonable additional hours.
  • Coverage: These are National Employment Standards (NES). A small cohort of employees remain under state systems with different rules.

This is general information, not legal advice. See “Need more help?” below.

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