Working 40 Hours Per Week — Rights, Pay & Overtime
Is working 40 hours per week legal in Australia? See overtime rules, pay equivalents, and your right to refuse unreasonable hours.
Last verified: 1 July 2025Quick Answer
Working 40 hours per week exceeds the 38-hour maximum ordinary hours under the NES. The additional 2 hours are overtime. Under s62 of the Fair Work Act, an employer must not require an employee to work unreasonable additional hours. You have the right to refuse if the hours are unreasonable.
Employment Classification
Classification
full-time with overtime
Ordinary Hours
38 hrs/wk
Overtime Hours
2 hrs/wk
Overtime Implications
At 40 hours per week, you are working 2 hours of overtime beyond the 38-hour maximum ordinary hours. Under most awards, overtime is paid at 150% (time and a half) for the first 2–3 hours per day and 200% (double time) thereafter. Over a full year, this overtime could significantly increase your total earnings.
Annual Salary at 40 Hours Per Week
What 40 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 | $50,128.00 | $1,928.00 |
| $28.00/hr | $58,240.00 | $2,240.00 |
| $32.00/hr | $66,560.00 | $2,560.00 |
| $36.00/hr | $74,880.00 | $2,880.00 |
| $40.00/hr | $83,200.00 | $3,200.00 |
| $45.00/hr | $93,600.00 | $3,600.00 |
| $50.00/hr | $104,000.00 | $4,000.00 |
| $60.00/hr | $124,800.00 | $4,800.00 |
Your Right to Refuse Unreasonable Hours
Working 40 hours per week means 2 hours of overtime beyond the 38-hour standard. Under s62 of the Fair Work Act, you can refuse unreasonable additional hours. Factors include risk to health, personal circumstances, notice given, and the nature of your role.
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 40 hours a week legal in Australia?
Yes, but 40 hours exceeds the 38-hour maximum ordinary hours. The additional 2 hours must be reasonable, and you generally must be paid overtime rates.
Am I full-time or part-time at 40 hours per week?
At 38+ hours per week, you are classified as full-time.
Can I refuse to work 40 hours per week?
You can refuse the 2 overtime hours if they are unreasonable under s62 of the Fair Work Act. Factors include health and safety risks, personal circumstances, notice given, and whether overtime is paid.
What is the annual salary for 40 hours per week?
At the national minimum wage of $24.10/hour, 40 hours per week equals $50,128.00 per year before tax. At $30/hour, it's $62,400.00 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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