Can I Refuse to Work Overtime in Australia? Your Rights Under the NES (2026 Guide)
You can refuse unreasonable overtime under Australian law. But what counts as unreasonable? See the factors the Fair Work Act considers and when your employer can insist you work extra hours.
Your right to refuse unreasonable overtime
Under section 62 of the Fair Work Act, an employer must not request or require an employee to work more than 38 hours per week (for a full-time employee) unless the additional hours are reasonable. Conversely, an employee can refuse to work additional hours if they are unreasonable. This means overtime is not automatically compulsory — it depends on the circumstances. The 38-hour limit is the standard for full-time employees. For part-time employees, the reference point is their agreed ordinary hours. For casual employees, reasonable additional hours are assessed from the hours they are engaged to work. This right is part of the National Employment Standards and cannot be contracted out of.
What makes overtime reasonable or unreasonable?
The Fair Work Act sets out factors to determine reasonableness, including: any risk to employee health and safety, the employee's personal circumstances including family responsibilities, the needs of the workplace or enterprise, whether the employee is entitled to overtime rates or penalty rates, the amount of notice given about working the extra hours, the employee's usual pattern of work, the employee's role and level of responsibility, and any other relevant matter. For example, asking a parent of young children to work until midnight with 30 minutes' notice is more likely unreasonable. Asking a senior manager to stay an extra hour during a critical project deadline with a day's notice is more likely reasonable. There is no fixed maximum number of overtime hours — reasonableness is assessed case by case.
What if my employer threatens me for refusing overtime?
If you refuse unreasonable additional hours and your employer takes adverse action against you (demotion, reduced hours, termination, intimidation), this may be a breach of the general protections provisions under the Fair Work Act. You have the right to exercise your workplace rights without retaliation. If you are dismissed for refusing unreasonable overtime, you may have grounds for both an unfair dismissal claim and a general protections claim. Document your refusal and the employer's response. If threatened, calmly refer to section 62 of the Fair Work Act and put your refusal in writing, stating your reasons. If the situation escalates, contact the Fair Work Ombudsman (13 13 94) or your union for advice. The FWC can deal with disputes about additional hours.
Overtime pay rates — are you being compensated correctly?
If you do work overtime, you should be paid correctly. Under most awards, overtime rates are: first 2-3 hours at time and a half (150%), subsequent hours at double time (200%). Some awards have different rates for weekday vs weekend overtime. If you are on an annualised salary arrangement, check whether your contract includes an overtime component and whether the 'outer limit' on hours has been exceeded — some awards require a reconciliation at the end of each year to ensure you have been adequately compensated for all hours worked. If you are classified as an award-free employee earning above the high-income threshold ($175,000 from 1 July 2025), overtime provisions in awards do not apply but the NES 38-hour limit still does. Use our Pay Calculator to verify your overtime is being paid at the correct rate.
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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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