What are maximum weekly hours?
Under the NES, maximum weekly hours are 38 for full-time employees, plus reasonable additional hours that an employer can request.
The NES sets maximum weekly hours at 38 for full-time employees. An employer cannot require an employee to work more than 38 hours per week unless the additional hours are reasonable. Part-time employees' maximum ordinary hours are their agreed hours, and casual employees' maximum is 38 hours per week with a single employer.
Whether additional hours are reasonable depends on multiple factors: health and safety risks, the employee's personal situation (including family responsibilities), the needs of the workplace, whether the employee is compensated (through overtime rates or other means), the amount of notice given, the usual patterns of work in the industry, and the employee's role and seniority.
Key facts
- •38 hours per week maximum ordinary hours for full-time employees
- •Additional hours must be 'reasonable' — multiple factors are considered
- •Employee can refuse additional hours if they are unreasonable
- •Awards may spread 38 hours across different patterns (e.g., averaged over a roster cycle)
- •Averaging arrangements under some awards allow up to 152 hours over 4 weeks
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Employment CheckFrequently asked questions
Can I be forced to work more than 38 hours?
Only if the additional hours are reasonable. Your employer must consider your health, personal circumstances, and whether you're being compensated fairly. You have the right to refuse unreasonable additional hours.
Do the 38 hours include lunch breaks?
No. The 38 hours refers to working time only. Unpaid meal breaks are not counted toward ordinary hours.
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.