38 Hour Week Australia 2026 — Maximum Weekly Hours + Reasonable Additional Hours Rules

Under the National Employment Standards, an employer must not request or require a full-time employee to work more than 38 hours per week, plus reasonable additional hours. For part-time employees, maximum hours are their agreed ordinary hours plus reasonable additional hours. For casual employees, the maximum is 38 hours per week plus reasonable additional hours.

The 38-hour limit can be averaged over a period of up to 26 weeks if permitted by an award or enterprise agreement — for example, working 42 hours one week and 34 the next, averaging 38.

There is no fixed cap on additional hours — the test is whether they are reasonable. The Fair Work Act requires consideration of: (1) Any health and safety risks. (2) The employee's personal circumstances, including family responsibilities. (3) The needs of the workplace. (4) Whether the employee is paid overtime rates or receives other compensation. (5) The amount of notice given. (6) The usual patterns of work in the industry. (7) The employee's role and seniority. (8) Any other relevant factor. Generally, working 45-50 hours may be reasonable in some roles, while expecting 60+ hours regularly would be difficult to justify as reasonable for most positions.

Many awards and enterprise agreements allow averaging of hours over a roster cycle. For example, a hospitality worker on a 4-week roster might work: Week 1: 42 hours, Week 2: 36 hours, Week 3: 40 hours, Week 4: 34 hours = average of 38 hours per week. The averaging period can be up to 26 weeks.

During the averaging period, working more than 38 hours in a single week is not overtime — as long as the average across the cycle doesn't exceed 38. However, some awards set daily maximums (e.g., no more than 10 or 12 hours in a single shift) regardless of the weekly average.

Yes — you can refuse additional hours if they are unreasonable. You do not need permission to refuse unreasonable hours. Your employer can't take adverse action against you (warnings, demotion, dismissal) for refusing unreasonable additional hours.

However, if the additional hours are reasonable (considering all factors above), refusal may be a breach of your employment obligations. If you're unsure whether the hours being requested are reasonable, seek advice from the Fair Work Ombudsman on 13 13 94 or your union.

Document the hours you're asked to work and any pressure applied.