Can My Employer Make Me Work Overtime? — Your Rights in Australia (2026)
Know your rights on overtime in Australia. When your employer can and cannot require overtime, maximum hours, penalty rates, and how to refuse unreasonable overtime under the Fair Work Act.
Can your employer legally require overtime?
Yes — but only if the overtime is reasonable. Under section 62 of the Fair Work Act, an employer can request or require an employee to work overtime beyond their ordinary hours, but the employee can refuse if the request is unreasonable. Full-time employees have ordinary hours of 38 per week (or an average of 38 over a roster cycle). Any hours beyond that are overtime. Part-time employees work overtime when they exceed their agreed ordinary hours. Casual employees work overtime when they exceed 38 hours in a week.
What makes overtime 'reasonable' or 'unreasonable'?
The Fair Work Act lists factors for determining whether overtime is reasonable: (1) Any risk to health and safety from working the extra hours. (2) The employee's personal circumstances, including family responsibilities. (3) The needs of the workplace or enterprise. (4) Whether the employee is paid overtime rates or penalty rates. (5) The notice given about the overtime. (6) The employee's usual pattern of work. (7) The nature of the employee's role and level of responsibility. (8) Any other relevant matter. For example, asking a parent to work overtime every night with no notice when they need to collect children from care is likely unreasonable. But a surgeon staying late for an emergency is likely reasonable.
Can you refuse overtime?
You can refuse overtime if it is unreasonable. You do not need your employer's permission to refuse — the right is in the Fair Work Act. However, if the overtime is reasonable (considering all the factors above), you may be required to work it, and refusing could be a breach of your employment contract. If you are unsure whether overtime is reasonable, the Fair Work Ombudsman can help you assess the situation. Your employer cannot take adverse action against you (demote, dismiss, reduce hours) for refusing unreasonable overtime — that is a general protections breach.
What are overtime rates?
Most Modern Awards require overtime to be paid at 150% (time and a half) for the first 2-3 hours and 200% (double time) after that. Some awards have different rates for weekday vs weekend overtime. If you are on an annual salary that is intended to absorb overtime, your contract should specify this clearly and you must still earn at least the equivalent of what you would receive under your award (including overtime penalties). Check your award using the Pay Rate Lookup tool. If your salary does not adequately compensate for the overtime you work, you may be underpaid.
Maximum weekly hours
The NES maximum weekly hours are 38, plus reasonable additional hours. There is no hard cap on total hours, but the reasonableness test applies. Some awards and enterprise agreements set specific overtime caps — for example, no more than 12 hours in any shift. If your employer regularly requires you to work 50-60+ hours per week, you should assess whether this is reasonable considering your health, safety, and personal circumstances. Many workplace safety regulators recognise that working more than 50 hours per week significantly increases the risk of injury and illness.
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Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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