Can My Employer Force Me to Work Overtime? Maximum Hours Australia (2026)
Know your rights on overtime in Australia. The standard is 38 hours per week — overtime beyond that must be 'reasonable.' Learn when you can refuse and what penalties employers face.
What are the maximum hours of work in Australia?
Under the National Employment Standards (NES), a full-time employee's ordinary hours of work are a maximum of 38 hours per week. For part-time employees, it is their agreed ordinary hours. This is set by section 62 of the Fair Work Act 2009 and applies to all employees in the national workplace relations system — which covers the vast majority of Australian workers. Your employer can ask you to work additional hours beyond 38 per week, but those additional hours must be "reasonable." This is the critical legal test: your employer can request overtime, but they cannot force you to work unreasonable additional hours. If your employer directs you to work overtime that is unreasonable, you have the right to refuse. Importantly, this 38-hour limit refers to ordinary hours — it does not mean you can never work more than 38 hours. It means hours beyond 38 are additional hours that attract overtime rates under your award or agreement, and you have the right to assess whether those additional hours are reasonable before agreeing.
When is overtime 'reasonable' — and when can you refuse?
The Fair Work Act does not set a hard cap on overtime hours. Instead, it lists factors for determining whether additional hours are reasonable or unreasonable. These include: any risk to your health and safety from working the additional hours; your personal circumstances including family responsibilities; the needs of the workplace and the nature of your role; whether you are entitled to overtime rates, penalty rates, or other compensation; the amount of notice given by the employer; your usual patterns of work; the nature of your employment (for example, senior or specialised roles may have different expectations); and any other relevant matter. A request to work an extra hour to finish a time-critical task is almost certainly reasonable. A directive to work 60-hour weeks indefinitely with no additional pay and no regard for your family situation is almost certainly unreasonable. The grey area in between is where disputes arise. As a general guide, if overtime is occasional, compensated, reasonably notified, and does not endanger your health or family obligations, it is likely to be considered reasonable. If it is chronic, unpaid, last-minute, or harmful to your wellbeing, you have grounds to refuse.
What happens if you refuse overtime?
If you refuse overtime that is genuinely unreasonable, your employer cannot take adverse action against you. Section 62 of the Fair Work Act protects your right to refuse unreasonable additional hours. If your employer disciplines you, reduces your shifts, or terminates your employment because you refused unreasonable overtime, this could constitute a breach of the NES and may give rise to a general protections claim or unfair dismissal claim. However, if the overtime is reasonable and you refuse without justification, your employer may be entitled to treat this as a failure to follow a lawful and reasonable direction. The distinction between reasonable and unreasonable is case-specific. If you are unsure, document your reasons for refusing (health concerns, family obligations, lack of notice, no overtime pay), communicate them in writing to your employer, and seek advice from the Fair Work Infoline (13 13 94) or your union if you have one. Having a written record of your refusal and your reasons is essential if the matter escalates.
Are you being paid correctly for overtime?
All overtime worked must be compensated in accordance with your modern award or enterprise agreement. Most awards require overtime to be paid at time-and-a-half (150%) for the first two or three hours and double time (200%) thereafter. Some awards have different rates for weekday versus weekend overtime, and public holiday overtime is typically paid at double time or double-time-and-a-half (250%). If your employer expects you to work beyond 38 hours but does not pay overtime rates, this may be a breach of your award — even if you are on a salary. Salaried employees covered by modern awards must still receive at least the equivalent of all award entitlements, including overtime, penalty rates, and allowances. The Protecting Penalty and Overtime Rates Act 2025 has further strengthened protections by preventing employers from using annualised salary arrangements to absorb penalty and overtime rates into base pay without proper reconciliation. If you suspect you are not being paid correctly for overtime, use our Overtime Calculator to check your entitlements.
Special rules for different types of workers
The maximum hours and overtime rules apply differently depending on your employment type. Casual employees can refuse additional hours regardless of whether they are reasonable — casuals have no obligation to accept any shifts beyond those already offered. Part-time employees can refuse hours beyond their agreed ordinary hours, and any additional hours must be paid at overtime rates under most awards. Award-free employees earning above the high income threshold ($175,000 from 1 July 2025) may have fewer protections, though the NES maximum hours still technically apply. Shift workers may have averaging arrangements where ordinary hours are calculated over a roster cycle rather than weekly — check your award for specific rules. Managerial employees and senior professionals may have expectations of reasonable additional hours built into their salary, but even they are protected from unreasonable hours. No employee can contract out of the NES maximum hours provision — any clause in your employment contract that requires unlimited overtime or waives the right to refuse unreasonable hours is void to the extent it contradicts the Fair Work Act.
What to do if your employer is demanding excessive overtime
If you are regularly being required to work excessive hours, take these steps. First, check your award or enterprise agreement for the specific overtime provisions that apply to your role — the Fair Work Ombudsman's Pay and Conditions Tool can help. Second, keep a detailed record of all hours worked, including start and finish times, break times, and any overtime. Third, calculate whether you are being paid correctly for those hours using our Overtime Calculator. Fourth, raise the issue with your employer in writing, referencing section 62 of the Fair Work Act and your right to refuse unreasonable additional hours. Explain your specific concerns (health, family, lack of compensation). Fifth, if your employer does not respond appropriately, contact the Fair Work Infoline on 13 13 94 or your union representative. Sixth, if you are penalised for raising the issue, you may have a general protections claim. Employers who require employees to work unreasonable additional hours face penalties of up to $18,780 for individuals and $93,900 for corporations per contravention. Repeated or systemic breaches can result in significantly higher penalties.
Try these free tools
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.
Related articles
Enterprise agreements and Modern Awards both set workplace conditions, but they work differently. Learn the BOOT test, how EAs are made, zombie agreements, and how to check which applies to you.
National Employment Standards (NES) — Complete Summary of Your 11 RightsThe NES gives every Australian employee 11 minimum workplace rights. Here is a plain-English summary of each entitlement — maximum hours, leave, flexible arrangements, termination, and more.
Right to Disconnect Australia — What the New Law Means for YouAustralia's right to disconnect law lets employees refuse unreasonable out-of-hours contact. Learn who it covers, what counts as unreasonable, and how the FWC enforces it.