Is working 38 hours per week legal in Australia? See overtime rules, pay equivalents, and your right to refuse unreasonable hours.
Last verified: 21 May 202638 hours per week is the maximum ordinary hours for a full-time employee under the National Employment Standards (NES). This is the standard full-time working week in Australia.
Classification
full-time (standard)
Ordinary Hours
38 hrs/wk
Overtime Hours
None
What 38 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 | $47,621.60 | $1,831.60 |
| $28.00/hr | $55,328.00 | $2,128.00 |
| $32.00/hr | $63,232.00 | $2,432.00 |
| $36.00/hr | $71,136.00 | $2,736.00 |
| $40.00/hr | $79,040.00 | $3,040.00 |
| $45.00/hr | $88,920.00 | $3,420.00 |
| $50.00/hr | $98,800.00 | $3,800.00 |
| $60.00/hr | $118,560.00 | $4,560.00 |
At 38 hours per week, you are working the maximum ordinary hours under the NES. Any additional hours requested by your employer would be overtime, which you can refuse if unreasonable.
Section 62 Fair Work Act — Factors for determining reasonableness:
Yes. 38 hours is the standard full-time working week under the National Employment Standards.
At 38+ hours per week, you are classified as full-time.
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, 38 hours per week equals $50,388.00 per year before tax. At $30/hour, it's $59,280.00 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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