If you’re running a business in Australia or thinking of starting one, understanding your legal obligations as an employer is essential for long-term success - and that includes your responsibilities around working hours. “How many hours can I work in a day?” or “What is the legal amount of hours to work in a day?” are questions that employees, managers, and founders alike need clear answers to. After all, ensuring your staff are working within legal limits isn’t just about compliance - it’s about creating a safe, sustainable, and productive workplace where both you and your team thrive.
In this guide, we’ll walk you through exactly what the law says about daily and weekly working hours in Australia, where the limits come from, when you can ask for extra hours, and what you need to watch out for to stay compliant with the Fair Work Act and other employment laws. We'll also flag the legal documents and policies you should have in place, and cover common scenarios or exceptions that might apply to your business. By the end, you’ll be equipped with the knowledge you need to confidently answer how many hours your team - or you - can work per day, and how to keep your business on the right side of the law.
Let’s dive in and clear up the rules - so you can focus on growing your business, not worrying about legal missteps.
What Does The Law Say About Maximum Working Hours In Australia?
The primary law governing working hours in Australia is the Fair Work Act 2009 (Cth). The Fair Work Act sets the minimum standards for employment nationwide, including maximum weekly hours for most employees.
Here’s what you need to know about the legal limits:
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Maximum weekly hours: The National Employment Standards (NES) in the Fair Work Act state that the maximum is 38 hours per week for a full-time employee, plus “reasonable additional hours”.
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Part-time and casual employees: Their maximum hours are the lesser of 38 hours or their ordinary hours of work per week (as per their employment contract).
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Daily limit: There is no strict legal maximum for hours worked in a single day, but daily hours must not exceed what is “reasonable” or what is set out in relevant industry awards, enterprise agreements, or employment contracts.
So, when asking “What is the legal amount of hours to work in a day?”, Australian law generally looks at weekly totals and reasonableness rather than a set daily cap. However, industry awards and agreements often place limits on maximum daily hours or require overtime payments for extra hours worked.
It's essential to understand your obligations under the NES, and always double-check the award or agreement that applies to your business and employees.
How Many Hours Can You Work In A Day?
Let’s get practical: for many Australian workers, the standard workday is around eight hours, usually from 9am to 5pm. But is there a legal limit to how many hours can be worked in one day?
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The Fair Work Act does not prescribe a hard limit on hours per day for most employees. Instead, it establishes a 38-hour standard week.
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Awards and enterprise agreements may specify a normal workday length - often 7.6 to 8 hours - and a maximum daily span (e.g., no more than 10 hours in a single day).
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Anything over the ordinary daily hours generally qualifies for overtime pay or penalty rates, depending on the applicable award or agreement.
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If you require someone to work a long shift - such as 10, 12, or even more hours - it must be “reasonable”, safe, and in accordance with both the law and any workplace agreement.
In summary: There is no universal daily limit, but most employees should not routinely work more than their ordinary span of hours set under the applicable award or their contract. Any request to work more, especially regularly or in high-risk roles, should be carefully considered for legal and safety reasons.
What Counts As “Reasonable Additional Hours”?
The Fair Work Act allows a business to request employees to work beyond 38 hours “if the additional hours are reasonable”. But what does “reasonable” actually mean?
The Act says you need to consider:
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Any risks to health and safety from working extra hours;
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The employee’s personal circumstances (including family responsibilities);
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The needs of the workplace;
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Whether the employee is entitled to receive overtime payments, penalty rates, or other compensation;
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Notice given to the employee about working extra hours;
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The nature of the employee’s role (e.g. senior vs junior);
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Any other relevant matter.
An employee has the right to refuse to work additional hours if they are not reasonable.
Learn more about how weekly working hours and “reasonable additional hours” are applied in different industries.
Which Awards Or Agreements Apply?
While the Fair Work Act governs basic minimums, industry awards or enterprise agreements often set more specific rules - especially about daily hours, shift lengths, and when overtime or penalty rates kick in. It's critical to check which instrument applies to your employees.
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Modern awards (covering sectors like hospitality, retail, construction, etc.) often limit the number of hours per shift or set a daily cap.
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Enterprise bargaining agreements (EBAs) negotiated for your workplace may have their own rules about maximum daily hours, rest breaks, and overtime.
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Always ensure your employment contracts accurately reflect these conditions.
If you’re unsure which award or agreement covers your business, speak with an employment law expert to avoid non-compliance and costly penalties.
What About Breaks, Overtime, And Rest Between Shifts?
It’s not just about how many hours you can work in a day - it’s also about ensuring your employees get proper breaks and rest.
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Meal and rest breaks: Most awards require a meal break after five hours of work. The break duration (e.g., 30 or 60 minutes) can vary.
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Minimum rest period between shifts: Many awards and EBAs mandate a minimum rest period (e.g. 10 to 12 hours) between the end of one shift and the start of the next.
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Overtime and penalty rates: If an employee works beyond their ordinary or agreed hours, you’ll usually need to pay overtime or penalty rates as set out in your agreement or award. Learn more about managing overtime legally.
Not providing the correct breaks can be a breach of the law and put your employees’ health and safety at risk.
Can Employees Work More Than 38 Hours A Week Legally?
Yes - you can ask employees to work more than 38 hours per week, but only if it’s “reasonable” (see above), and if those extra hours are managed appropriately. In most industries, working beyond the ordinary weekly maximum means you have to pay staff at higher overtime or penalty rates, unless they’re in a senior or award-free role.
For part-time and casual employees, their maximum (and overtime trigger) is usually their contracted regular hours.
What If My Business Has Unique Staffing Needs?
Some industries rely on shift work, long hours, or irregular scheduling (such as hospitality, healthcare, and mining). In these settings:
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Industry awards or EBAs typically set out maximum shift lengths, minimum break periods, and special rules for overtime or “on call” hours.
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In high-risk or safety-critical fields, even “reasonable” additional hours must balance operational needs with employee wellbeing and the law.
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If your roster or business model involves long or unusual shifts, be proactive about legal compliance and workplace health and safety.
Remember: Even if your employment contracts suggest longer hours, you cannot contract out of the law’s minimum standards.
Legal Risks Of Breaching Maximum Working Hours
Non-compliance with legal limits around working hours can lead to:
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Requirements to back-pay overtime, penalties, or unlawful deductions;
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Infringement notices and fines from the Fair Work Ombudsman or state regulators;
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Compensation claims if fatigue leads to a health or safety incident (under WHS laws);
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Reputational harm, staff turnover, and low morale.
For startups and small businesses, the consequence of making a mistake can be particularly severe. It pays to get it right from day one.
Essential Legal Documents And Policies For Working Hours
To manage working hours lawfully and transparently, every Australian business should have the following legal documents and policies:
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Employment Contracts: Clearly state ordinary hours, agreed span of daily hours, overtime rules, and applicable award/agreement references. See our Employment Contract Template Guide.
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Modern Award or EBA: Attach or reference the current industry award/enterprise agreement in employment terms.
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Workplace Policies: Outline expected hours of work, how breaks are managed, fatigue management, and the process for requesting or refusing additional hours. Our Workplace Policy and Staff Handbook resources can help you develop clear policies.
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Payroll and Timekeeping Records: Accurate record-keeping is a legal requirement under the Fair Work Act and helps resolve any disputes about hours worked.
If in doubt, it’s always best to review your templates and practices with a legal expert before hiring or rostering staff for long or variable shifts.
What About Contractors Or Freelancers?
Independent contractors and freelancers are not covered by the NES maximum hours rule. However, you must be careful not to disguise an employment relationship as a contractor relationship - a practice known as sham contracting.
Contractors negotiate their own hours, but if you control how, where, and when they work, and treat them like employees, you may be breaching the law. Always clarify the relationship in a properly drafted Contractor Agreement and seek tailored legal advice as needed.
Key Takeaways
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The Fair Work Act sets a maximum of 38 ordinary hours per week for most employees, but does not prescribe a universal daily limit; daily hours must be “reasonable”.
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Awards and enterprise agreements may set their own daily caps, overtime triggers, and rest break requirements - always check the coverage for your business.
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Employers can request “reasonable additional hours,” but must consider employee wellbeing, safety, and personal circumstances. Employees have the right to refuse unreasonable hours.
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Not complying with the law around maximum working hours can expose your business to fines, backpayments, and safety risks.
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Have clear employment contracts, workplace policies, and accurate payroll systems to manage working hours and entitlements properly.
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For contractors, make sure you don’t accidentally stray into an employment relationship without legal protection - review your contracts carefully.
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If you’re unsure about the legal working hours for your business or industry, get professional legal advice upfront.
If you would like a consultation on employment law or managing legal working hours for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
