Is working 35 hours per week legal in Australia? See overtime rules, pay equivalents, and your right to refuse unreasonable hours.
Last verified: 21 May 2026Working 35 hours per week is below the 38-hour full-time threshold. You are classified as part-time. Part-time employees receive the same entitlements as full-time employees on a pro-rata basis.
Classification
part-time
Ordinary Hours
35 hrs/wk
Overtime Hours
None
What 35 hours per week works out to annually at different hourly rates (ordinary time only, before overtime loadings):
| Hourly Rate | Annual Equivalent | Fortnightly |
|---|---|---|
| $24.10/hr | $43,862.00 | $1,687.00 |
| $28.00/hr | $50,960.00 | $1,960.00 |
| $32.00/hr | $58,240.00 | $2,240.00 |
| $36.00/hr | $65,520.00 | $2,520.00 |
| $40.00/hr | $72,800.00 | $2,800.00 |
| $45.00/hr | $81,900.00 | $3,150.00 |
| $50.00/hr | $91,000.00 | $3,500.00 |
| $60.00/hr | $109,200.00 | $4,200.00 |
At 35 hours per week, you are working below the 38-hour full-time standard. Your employer generally cannot increase your hours beyond what is agreed in your contract without your consent.
Section 62 Fair Work Act — Factors for determining reasonableness:
Yes. 35 hours is below the 38-hour full-time threshold, making you a part-time employee under the National Employment Standards.
At 35 hours per week, you are classified as part-time. Part-time employees receive the same entitlements as full-time employees on a pro-rata basis.
Your employer cannot unilaterally increase your agreed hours. Any change to your regular hours requires consultation under your award.
At the national minimum wage of $25.50/hour, 35 hours per week equals $46,410.00 per year before tax. At $30/hour, it's $54,600.00 per year.
Under most Modern Awards, hours beyond 38 per week (or beyond your ordinary hours if part-time) are paid at overtime rates — typically 150% for the first 2–3 hours and 200% thereafter. Check your award for specific rates.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.
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