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Running a business means navigating an ever-changing landscape of rules and responsibilities. One of the most common questions from business owners and managers is simple but crucial: How many hours can you work a week in Australia? Whether you’re employing your first staff member or managing a growing team, staying compliant with maximum working hours is key to building a sustainable, fair, and legally sound business.
It’s not just about avoiding fines or disputes – understanding working hours helps you cultivate a positive workplace, manage costs, and support your team’s well-being. But with different awards, contracts, and national standards to consider, the rules can sometimes feel overwhelming.
In this guide, we dive into exactly how many hours a week you can work under Australian law, and what every employer needs to know about managing hours, overtime, and employee rights. Whether you’re starting out or reviewing your policies, read on to ensure your business is set up for long-term success – and legal peace of mind.
What Are Maximum Working Hours in Australia?
Let’s start with the basics. The Fair Work Act 2009 (Cth) sets the standard for maximum weekly working hours in Australia for most employees. This is part of the National Employment Standards (NES), which apply to all employees covered by the national workplace relations system.
So, how many hours can you work in a week by law? For most adult employees, the answer is:
- 38 hours per week is the maximum for full-time employees under the NES.
- If an employee works part-time, their maximum is the agreed ordinary hours (e.g. 20 or 30 hours per week, as per the contract).
However, the NES also allows for reasonable additional hours above these limits. The challenge for employers is knowing what counts as “reasonable” – and when you might be at risk of breaching the rules.
How Is a ‘Week’ Defined?
According to the National Employment Standards, a week is any seven-day period. This could be Monday to Sunday, or another seven-day block depending on your business’s rostering system.
The 38-hour maximum applies to each week, not averaged over a month – unless a specific employment contract or award states otherwise. It’s important to check relevant modern awards, enterprise agreements, or your employment contracts for any exceptions or averaging arrangements.
What Counts as Reasonable Additional Hours?
Employers may request (and employees may agree) to work beyond the 38 (full-time) or contract-specific (part-time) hours. However, the law only allows for “reasonable additional hours.” Whether these extra hours are reasonable depends on several factors, such as:
- The employee’s health and safety (including risk of fatigue)
- Personal circumstances (e.g. family responsibilities)
- Needs of the business
- If extra compensation is provided (overtime rates, penalty rates, time off in lieu, etc.)
- The nature of the employee’s role and industry practices
- If the employee is entitled to refuse unreasonable additional hours
For a deeper look at reasonable additional hours and best practices, see our article on overtime and additional hours in Australia.
Do Modern Awards or Enterprise Agreements Set Different Hours?
Many Australian employees are covered by a modern award or enterprise agreement, which may set different “ordinary hours” for that industry or occupation. For example:
- Certain retail or hospitality awards may specify fewer than 38 ordinary hours per week (or spread ordinary hours across more days).
- Some awards allow for hours to be averaged over a period (e.g. four weeks) rather than counted strictly week by week.
It’s essential to check if your staff are covered by an award or enterprise agreement and understand the specific rules involved. You can learn more in our guide to modern award compliance.
What About Part-Time and Casual Workers?
Part-time employees have a set number of ordinary hours each week agreed upon in their contract – often between 10 and 30 hours. Their maximum is what’s written in their agreement (so a 20-hour contract means their weekly limit is 20 ordinary hours, plus reasonable additional/overtime if requested).
Casual employees, on the other hand, have no guaranteed hours. Their days and hours can change, but they are still protected from being asked to work unreasonable additional hours. Parties can negotiate hours for each roster period, with pay including a casual loading to compensate for the absence of paid leave and other entitlements.
Is There a Maximum Number of Hours You Can Legally Work in Any One Day?
The NES talks about maximum hours per week, not per day. However, many awards and registered agreements set daily limits (for example, a maximum of 10 hours in a day), and require minimum unpaid breaks. It’s your responsibility as an employer to:
- Check if a daily maximum applies under your staff’s award or agreement.
- Provide appropriate breaks and manage fatigue risk (important for work health and safety compliance).
If no award or agreement applies, talk with your staff and formalise safe working hours in their employment contract or your workplace policies.
Overtime, Penalty Rates, and Time Off in Lieu: What’s Required?
Once employees work beyond their ordinary hours, overtime or penalty rates may kick in – again, usually set by the relevant award or agreement. These extra payments recognise the additional effort and potential disruption to employees’ lives.
Some common forms of compensation include:
- Overtime rates: Higher pay for extra hours beyond the standard.
- Penalty rates: Higher pay for specific times, like weekends or public holidays.
- Time off in lieu: Additional leave instead of higher pay, if agreed in writing (see our Time Off In Lieu Guide for details).
Always check your workers’ award or agreement. Paying regular rates for extra hours may breach employment law.
Can Employees Refuse to Work More Than the Maximum Hours?
Yes. Employees are entitled to refuse requests for unreasonable additional hours. If you ask a worker to go beyond 38 hours (full-time) or their contract amount (part-time), they should not be pressured or penalised for declining if the hours are not reasonable.
As a best practice, foster open communication with staff about rostering needs, overtime work, and their right to say no. This reduces the risk of disputes and helps you maintain a fair workplace culture.
What If You Need to Change Employees’ Ordinary Hours?
Changes to ordinary hours should always be made in consultation with your employees, and in accordance with the employment contract, applicable award, or the Fair Work Act. This often means:
- Obtaining written agreement for variations to hours (except in emergencies or certain specific cases)
- Providing proper notice for any changes, as required by the award, agreement, or contract
- Documenting changes in writing for clear records and legal certainty
To avoid misunderstandings, we recommend reviewing your employment contracts and seeking legal guidance before making amendments.
Risks of Breaching Maximum Working Hours
Employers who regularly require staff to work beyond the legal maximum – or who do not compensate overtime as required – face several risks:
- Fair Work Ombudsman penalties: Breaching NES maximum hours is a legal violation, and you may be liable for fines or other enforcement actions.
- Workplace health and safety risks: Excessive hours can lead to fatigue, accidents, and liability under WHS laws.
- Increased staff turnover and morale issues: Overworked employees are more likely to suffer burnout and seek new jobs.
Proactive compliance is the best approach – review your policies, keep accurate records, and encourage a culture of safe, reasonable working hours.
Key Legal Documents and Policies to Support Compliance
Having clear written agreements and policies helps protect your business and clarify staff expectations. Consider these essentials:
- Employment Contract: Sets out agreed hours, overtime entitlements, break arrangements, and rights regarding changes. See our guide to key employment contract terms.
- Workplace Policies/Staff Handbook: Outlines rostering, overtime, and break requirements (learn more about workplace policies here).
- Time Off In Lieu Agreement: If you wish to provide time off instead of overtime pay, this must be in writing and compliant with legislation.
- Record-Keeping Policy: Maintains accurate records of hours worked (important for handling disputes or responding to Fair Work queries).
Not every business will need every document, but a tailored, up-to-date suite of workplace contracts and policies is a strong safeguard against compliance issues.
Best Practices for Managing Working Hours in Your Business
- Communicate expected hours clearly and in writing when hiring staff.
- Rostering should be fair and predictable where possible.
- Monitor hours worked using reliable systems, ensuring managers are trained to spot overwork or fatigue risks.
- Revisit awards and contracts regularly so your processes stay up-to-date.
- Encourage staff to speak up if extra hours become unreasonable, and resolve any concerns quickly.
- If in doubt – especially when dealing with multiple awards or business changes – get legal advice to future-proof your workplace compliance.
Special Scenarios and FAQs
What About Small Business Owners or Sole Traders?
The NES and maximum working hours rules apply to employees – not to business owners working for themselves. However, if you employ staff (even contractors), you must comply with all employee requirements.
Do You Need to Pay Employees Extra for Working More Than 38 Hours?
If your employee is covered by an award or enterprise agreement, or if your contract states so, overtime/penalty rates will apply after certain thresholds. It’s important to check each staff member’s terms and applicable instrument. Paying only the base hourly rate for all hours may result in liability for back pay and penalties.
Can Employees Agree to Work More Than 38 Hours Per Week?
Yes, as long as the extra hours are reasonable, and not pressured or coerced. All such arrangements should be recorded clearly in writing.
How Should I Handle Employees Who Want to Work More Hours?
Be transparent – discuss overtime or additional hours in advance, agree on how any extra time will be compensated (e.g. overtime rates or time off in lieu), and ensure you’re still observing any upper limits imposed by awards or WHS.
Key Takeaways
- Most Australian employees can legally work up to 38 hours per week (full-time) or as per their part-time contract; extra hours must always be “reasonable.”
- Modern awards and enterprise agreements may set stricter or more detailed rules – always check which covers your team.
- Additional hours may require overtime or penalty rates; never assume you can pay the regular rate for extra work without checking the law.
- Written employment contracts and workplace policies are essential tools for protecting your business and supporting compliance.
- It’s your responsibility to track hours and foster a safe, fair working environment – and taking the time to get it right helps your business and your team thrive.
- For tailored working hours and employment law advice, speak with a Sprintlaw expert before making changes or handling complex situations.
If you would like a consultation regarding maximum working hours compliance or any aspect of employment law for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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