Am I entitled to overtime pay in Australia?

Overtime and penalty entitlements are set by the modern award or enterprise agreement that applies to your role, not by a single national rate. Most awards pay a higher rate for hours worked beyond your ordinary hours. The Fair Work Act's National Employment Standards also set a maximum of 38 ordinary hours per week plus reasonable additional hours (section 62). Check your award or ask the Fair Work Ombudsman on 13 13 94 if you are unsure.

What is time off in lieu (TOIL)?

Time off in lieu lets an employee take paid time off instead of being paid for overtime. Many awards allow it only by written agreement between the employee and employer, and usually on an hour-for-hour basis. Whether TOIL is available, and on what terms, depends on the specific award or enterprise agreement that covers you.

How should I raise unpaid overtime with my employer?

Start with a polite, factual enquiry rather than an accusation. Set out the period, your approximate overtime hours, and what you believe may be owed, then ask your employer to reconcile their records with yours. Keeping the tone civil and leaving room to be corrected usually resolves the matter faster. The Fair Work Ombudsman offers free help at fairwork.gov.au.

Overtime Pay Enquiry Letter

Free template letter to politely enquire about overtime pay or time off in lieu you believe you're owed under your award. References the Fair Work Act. Not legal advice. PDF download.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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