What are the working hours and overtime rules in Australia?

In Australia, working hours and overtime are governed by the Fair Work Act (FW Act). Employers and employees must adhere to these standards, ensuring that work hours remain reasonable and fair. 


Standard Working Hours

  • Maximum Hours: Employees may work up to 38 hours per week, as outlined by the FW Act.
  • Overtime: Any hours worked beyond 38 hours per week are considered overtime unless agreed otherwise under specific averaging arrangements.


Reasonable Additional Hours

Employers may request additional hours beyond the standard 38 per week, but these must be "reasonable." What qualifies as "reasonable" is determined by case law and Section 62 of the FW Act, which outlines Ten Factors to consider:

  1. Risks to health and safety from working extra hours.
  2. The employee’s personal circumstances, including family responsibilities.
  3. Workplace operational needs.
  4. Any compensation for the extra hours.
  5. Notice given to the employee about the overtime.
  6. Notice given by the employee about their intention to refuse overtime.
  7. Typical work patterns in the industry.
  8. The employee's role and level of responsibility.
  9. Alignment with existing averaging agreements.
  10. Any other relevant factors.


Compensation for Overtime

Employees working beyond the standard hours are entitled to compensation, which may include:

  • Paid time off or overtime pay at higher rates.
  • Overtime Rates:
    • First 3 hours of overtime: Paid at 150% of the regular hourly wage or 1.5 hours of paid time off for each hour worked.
    • Beyond 3 hours: Paid at 200% of the regular hourly wage or 2 hours of paid time off for each hour worked.
    • Sunday Overtime: Always paid at 200% of the regular hourly wage or 2 hours of paid time off per hour.

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