Reasonable Additional Hours Under Fair Work: Employer’s Guide

Understanding your responsibilities as an employer under Australia’s Fair Work Act is crucial for building a thriving and legally-compliant business. One area that often raises questions is how many extra hours you can fairly ask your staff to work. What does fair work reasonable additional hours actually mean, and how can you ensure you’re on the right side of the law while meeting your operational needs?

Whether you’re rostering casuals during peak periods, asking salaried staff to finish a big project, or navigating changes in your business, it’s essential to understand the rules for reasonable additional hours. Getting it wrong could trigger disputes, legal claims, or even Fair Work Ombudsman investigations. Getting it right, on the other hand, helps you attract staff, avoid burnout, and build trust within your workplace.

In this guide, we’ll walk you through everything Australian employers need to know about reasonable additional hours under Fair Work - breaking down common questions, legal requirements, and practical steps so you’re always acting fairly and lawfully.

What Are Reasonable Additional Hours Under Fair Work?

Under the Fair Work Act 2009, most employees have capped ordinary hours per week: generally 38 hours (plus reasonable additional hours) for full-time employees, and the lesser of 38 hours or their contracted weekly hours for part-time staff. “Reasonable additional hours” is the legal threshold for any hours worked beyond that base amount.

But what exactly counts as “reasonable”? It’s not as simple as just asking your staff to stay back occasionally – there’s a clear legal test, and it’s shaped by both business needs and employee wellbeing.

Defining “Reasonable Additional Hours”

According to the Fair Work Act, an employer can only request or require an employee to work additional hours if those hours are reasonable. If an employee refuses to work extra hours that aren’t reasonable, they’re protected from negative actions under workplace laws.

In practical terms, a “reasonable” request is one that balances your genuine business demands with the health, safety, and personal circumstances of your employee. The law requires you to apply a range of factors - not just whether you need the work done.

• Key factors to assess “reasonableness” (per Fair Work Act):
  • Any risks to employee health and safety from working the additional hours
  • The employee’s personal circumstances, including family responsibilities
  • The needs of your workplace or business
  • Notice given by the employer to work additional hours
  • Notice given by the employee of refusal to work additional hours
  • Any overtime arrangements in the employee’s modern award or employment contract
  • The usual patterns of work in the industry
  • Whether the additional hours are in accordance with averaging arrangements (if any exist)
  • The employee’s role and level of responsibility
  • Any extra relevant factors the courts or Fair Work Commission may consider

These criteria ensure that “reasonable” doesn’t just mean “convenient for the employer” - it must be fair and balanced.

How Do I Decide If Extra Hours Are Reasonable?

As a business owner or manager, you are expected to apply these factors fairly every time you want to roster or require extra hours. There is no strict formula, but consistent consideration of the legal test is essential if you want to reduce risk.

Below, we’ve outlined some of the practical steps you can take.

Step 1: Check Award or Enterprise Agreement Provisions

Before asking or requiring extra hours, check whether your employee is covered by a modern award or enterprise agreement. Most awards contain overtime or penalty rate rules for hours in excess of ordinary weekly hours. Some awards or agreements also define what counts as reasonable in your specific industry. Ignoring these rules can quickly lead to underpayment risks.

Step 2: Consider Health and Safety Risks

The safety of your employees should be your top concern. Evidence of fatigue, stress, or a pattern of excessive hours may mean extra work is no longer “reasonable” - even if the employee verbally agrees. Workplace laws don’t allow you to sidestep safety issues or put people at risk to meet business goals.

Step 3: Review the Employee’s Circumstances

Personal factors such as childcare needs, study, or medical issues must be taken seriously. If a staff member raises genuine personal or family responsibilities, it can make extra hours unreasonable. Be clear about documenting discussions and allowing reasonable refusals.

Step 4: Provide Adequate Notice

Giving employees enough advance notice to prepare for additional hours is part of acting reasonably. A last-minute demand for overtime (unless it’s a true emergency) could be found unfair, especially if it contradicts business or industry practice.

Step 5: Benchmark Against Industry Practice

It’s worth considering what’s standard in your sector. For example, some roles in hospitality or healthcare commonly involve sporadic extra hours, while others do not. Always cross-check this with your legal requirements.

Common Scenarios Of Reasonable Additional Hours

Let’s walk through a few common situations and how reasonableness might be assessed:

• Peak season work: An accounting or retail business may need staff to work some evenings or weekends before major deadlines. This is often reasonable provided extra hours are compensated (as per the award or contract) and you accommodate those with family or health needs wherever practical.
• Urgent business needs: If a key staff member is sick or customer orders spike unexpectedly, short-term extras may be justified. But, regularly relying on overtime rather than hiring additional staff may not be reasonable in the long run.
• High-level managers: Senior managers or professionals may be expected to put in some extra time during busy periods (often reflected in their pay). However, even for them, you can’t require unlimited unpaid overtime - there are still health, safety, and human limits.
• Refusal due to personal circumstances: An employee who cannot work extra due to childcare or medical commitments generally has a reasonable basis to refuse, and should not be penalised.

What Happens If I Breach Reasonable Additional Hours Rules?

Breaches can trigger disputes internally or escalate to the Fair Work Ombudsman or courts. Consequences may include:

• Penalties under the Fair Work Act (including fines)
• Compensation orders to employees for underpaid overtime or penalty rates
• Orders to cease unreasonable work practices
• Damage to your business’s reputation, staff morale, or retention rates

That’s why it’s crucial to have good processes, keep clear records, and seek legal advice if you’re ever unsure.

How Can I Stay Compliant With The Fair Work Act On Additional Hours?

Here are our top tips for managing additional hours fairly - and minimising risk:

• Know your award/enterprise agreement: Read (and revisit) the terms that apply to your staff, including rules for overtime and penalties. Need help? Our Fair Work Awards guide is a good starting point.
• Update employment contracts: Make sure your employment contracts clearly set the standard working week and outline how additional hours will be managed (including compensation).
• Offer flexibility where possible: Consider alternatives if an employee raises valid concerns about extra hours - could someone else fill in, or could work be re-scheduled?
• Keep communication open: Discuss expectations around additional hours at the time of hire, and revisit as operations or individual circumstances change. Be fair and transparent.
• Document all requests, agreements and refusals: Well-kept records can protect your business if there’s ever a disagreement or legal dispute later.
• Promote a safe work culture: Encourage staff to speak up if they feel overworked, and check in regularly to check that hours expectations aren’t leading to burnout, fatigue, or safety risks.

By building these habits, you’ll foster trust, protect your business, and reduce the risk of disputes or Fair Work claims.

What Legal Documents Help Manage Reasonable Additional Hours?

Setting clear expectations from the outset with strong legal documents can make all the difference. Here are some essentials every employer should consider:

• Employment Contract: Outlines ordinary weekly hours, how additional hours/overtime are managed, and any relevant award/enterprise agreement terms or compensation.
• Workplace Policies: Includes clear policies on overtime, working hours, health and safety, and fatigue management.
• Fair Work Information Statement: You must give each new employee this required statement, which explains their workplace rights - including hours and overtime rules.
• Leave & Entitlements Policies: Clarify how annual leave, sick leave, and TOIL (time off in lieu) operate alongside additional hours.

Having your documents reviewed by a lawyer helps ensure compliance with the Fair Work Act and shields you from common pitfalls.

Are There Extra Requirements for Small Businesses?

Small business owners sometimes believe they’re exempt from these rules - but in most cases, the law applies regardless of your size. There are, however, some procedural variations (such as the Small Business Fair Dismissal Code) which may apply if you have fewer than 15 employees.

Regardless of business size, you must not require employees to work more than 38 hours per week (unless reasonable) and must apply all of the “reasonableness” criteria listed above.

What If My Employees Want to Work Extra Hours?

Sometimes staff ask for extra shifts or offer to take on more than their contracted hours. While it’s fine to mutually agree to this - provided all parties are happy and safety is prioritised - you must still follow award, contract, and health and safety obligations. It must always remain a genuine choice for staff; “volunteering” for unreasonable or unsafe hours could still breach the law.

What If My Employee Refuses Additional Hours?

If an employee reasonably refuses to work beyond their ordinary hours (giving valid reasons such as family responsibilities or fatigue), you can’t penalise or disadvantage them. Unfair treatment for refusing unreasonable additional hours could amount to “adverse action”, which is unlawful - see our guide to Adverse Action in the Workplace for details.

Key Takeaways: Fair Work and Reasonable Additional Hours

• Employers can only require or request additional hours that are “reasonable” under the Fair Work Act’s criteria.
• Reasonableness is determined case by case, balancing safety, employee needs, and business demands.
• Clear contracts, compliance with awards, and open communication are your best tools for managing extra hours fairly.
• Failure to follow reasonable additional hours rules can lead to costly disputes, fines, and reputational damage.
• Updating your policies and seeking legal review is the best way to protect your business and your people.
• Even small businesses must comply - there are very few exceptions.
• If in doubt or facing a disagreement, legal advice from employment experts ensures you remain compliant and fair.

If you’d like a consultation on managing fair work reasonable additional hours for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.