Working 38 Hours Per Week — Rights, Pay & Overtime
Is working 38 hours per week legal in Australia? See overtime rules, pay equivalents, and your right to refuse unreasonable hours.
Last verified: 1 July 2025Quick Answer
38 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.
Employment Classification
Classification
full-time (standard)
Ordinary Hours
38 hrs/wk
Overtime Hours
None
Annual Salary at 38 Hours Per Week
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 |
Your Right to Refuse Unreasonable Hours
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:
- • Any risk to employee health and safety
- • The employee's personal circumstances including family responsibilities
- • The needs of the workplace or enterprise
- • Whether the employee is entitled to receive overtime or penalty rates
- • Any notice given by the employer to work the additional hours
- • Any notice given by the employee of their intention to refuse
- • The usual patterns of work in the industry
- • The employee's role and level of responsibility
Related Tools
- Pay Calculator — Calculate your take-home pay after tax
- Overtime Calculator — Calculate overtime pay at time-and-a-half or double-time
- Penalty Rate Calculator — Calculate penalty rates by award
Frequently Asked Questions
Is working 38 hours a week legal in Australia?
Yes. 38 hours is the standard full-time working week under the National Employment Standards.
Am I full-time or part-time at 38 hours per week?
At 38+ hours per week, you are classified as full-time.
Can I refuse to work 38 hours per week?
Your employer cannot unilaterally increase your agreed hours. Any change to your regular hours requires consultation under your award.
What is the annual salary for 38 hours per week?
At the national minimum wage of $24.10/hour, 38 hours per week equals $47,621.60 per year before tax. At $30/hour, it's $59,280.00 per year.
Do I get overtime pay after 38 hours?
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.
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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