Maximum Weekly Working Hours
What is the entitlement?
An employer must not request or require a full time employee to work more than 38 hours of work in a week, unless the additional hours are reasonable. For employees who are not full time they must not be required or requested to work either 38 hours per week, or their ordinary hours of work in a week (whichever is less), unless the request is reasonable.
The employee may refuse to work additional hours if the hours are unreasonable.
Modern awards and enterprise agreements may include provisions relating to the averaging of maximum weekly hours.
What is reasonable and unreasonable?
In determining what is reasonable and unreasonable, the following factors must be taken into account:
- Any risk to employee's health and safety from working the additional hours
- The employee's personal circumstances, including family responsibilities
- The needs of the workplace or enterprise in which the employee is employed
- Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration which reflects an expectation of working additional hours
- Any notice given by the employer of any request or requirement to work the additional hours
- Any notice given by the employee of his or her intention to refuse to work the additional hours
- The usual patterns of work in the industry, or the part of an industry, in which the employee works
- The nature of the employee's role and the employee's level of responsibility
- Whether the additional hours are in accordance with averaging terms included in a modern award or enterprise agreement that applies to the employee, or an agreement between an award/agreement free employee as authorised under the Fair Work Act 2009 and
- Any other relevant matter
Modern awards and enterprise agreements may include provisions relating to the averaging of maximum weekly hours.
Please note that the information contained in this fact sheet is of a general nature and does not constitute advice of any form. Advice on the specific circumstances of any particular case should always be sought before taking any action. If you need any advice, or for any other enquiry please contact us.