How many hours can my employer make me work in Australia?

Under s62 of the Fair Work Act 2009, a full-time employee can be required to work a maximum of 38 hours a week, plus reasonable additional hours. Part-time and casual employees are capped at the lesser of 38 hours and their agreed ordinary hours. Anything above that cap is only lawful if the additional hours are reasonable, judged against the ten factors in s62(3).

Can I refuse to work overtime in Australia?

Yes. Section 62(2) of the Fair Work Act says an employee may refuse to work additional hours if those hours are unreasonable. Whether they are unreasonable depends on the s62(3) factors, including risk to your health and safety, your family responsibilities, whether you are paid overtime for the hours, how much notice you were given, and the usual patterns of work in your industry. Refusing unreasonable hours is the exercise of a workplace right, so penalising you for it may be adverse action.

What are the 10 factors for reasonable additional hours?

Section 62(3) lists: (a) any risk to employee health and safety; (b) the employee's personal circumstances, including family responsibilities; (c) the needs of the workplace or enterprise; (d) whether the employee receives overtime payments, penalty rates or other compensation, or a level of remuneration reflecting an expectation of additional hours; (e) any notice given by the employer; (f) any notice given by the employee of an intention to refuse; (g) the usual patterns of work in the industry; (h) the nature of the employee's role and level of responsibility; (i) whether the hours accord with an averaging arrangement under s63 or s64; and (j) any other relevant matter.

My contract says 45 ordinary hours a week. Is that legal?

Not automatically. In Australasian Meat Industry Employees Union v Dick Stone Pty Ltd [2022] FCA 512 the Federal Court held that a contract requiring 50 hours a week described as ordinary hours still contravened s62. An employer cannot contract out of the 38-hour cap by relabelling the excess as ordinary hours. The 12 additional hours required every week were found not to be reasonable.

Does reasonable additional hours mean I don't get paid for them?

No. Section 62 only governs whether you can be required to work the hours. Whether those hours attract overtime rates, penalty rates or time off in lieu is set separately by your modern award, enterprise agreement or contract. Hours can be both reasonable to require and payable at overtime rates.

Reasonable Overtime Test

Your employer can require 38 hours a week plus reasonable additional hours — no more. This tests the extra hours you're being asked to work against all ten factors in s62(3) of the Fair Work Act, and tells you whether you can lawfully refuse.

Last verified: 19 July 2026

Your employment type*

Full-time employees have a 38-hour cap. Part-time and casual employees are capped at the lesser of 38 and their agreed ordinary hours.

Total hours you're being asked to work this week*

Include all hours you're required or requested to work, plus any authorised leave (s62(4) counts leave toward the weekly total).

How often is this happening?*

A standing every-week requirement is much harder for an employer to justify than an occasional surge.

Do the extra hours create a risk to your health or safety? (s62(3)(a))

Fatigue, driving home after long shifts, safety-critical work, insufficient break between shifts, or a documented health condition.

Do the extra hours clash with family or caring responsibilities? (s62(3)(b))

School pick-ups, childcare hours, caring for a family member, or a second job you'd have to give up.

Is there a genuine operational need for the extra hours? (s62(3)(c))

A real business need — a breakdown, a genuine peak, someone off sick. Chronic understaffing or poor rostering is not the same thing.

Are you paid overtime, penalties, or a salary that builds in extra hours? (s62(3)(d))

This is one of the heaviest factors. Unpaid extra hours are much harder to justify as reasonable.

How much notice did your employer give? (s62(3)(e))

Have you told your employer you intend to refuse? (s62(3)(f))

Giving notice of your intention to refuse is expressly relevant under s62(3)(f) and strengthens your position. In writing is best.

Are these hours usual for your industry? (s62(3)(g))

Some industries — agriculture in harvest, emergency services — have accepted long-hours patterns. Most do not.

Is yours a senior or management role? (s62(3)(h))

Longer hours are more readily expected of managers and senior professionals than of frontline or junior staff.

Does an averaging arrangement apply? (s62(3)(i))

Your award or enterprise agreement may allow hours to be averaged over a roster cycle of up to 26 weeks under s63, or you may have an individual agreement under s64.

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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.

Reasonable Overtime Test

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