Running a business in Australia isn’t just about delivering great products or services - it’s also about looking after your people and staying compliant with workplace laws. One of the biggest questions we hear from employers is how many hours your team can legally work each week (and day), and when extra hours are “reasonable.”
Getting this right matters. It protects your staff’s wellbeing, reduces risk, and helps you avoid costly underpayment or compliance issues down the track. In this guide, we break down the rules around maximum weekly hours in Australia, what counts as reasonable additional hours, and how to manage rosters, overtime and breaks the right way.
The Maximum Weekly Hours Under The NES
In Australia, maximum weekly hours are set by the National Employment Standards (NES) in the Fair Work Act 2009. These standards apply to most private sector employees, and they create a baseline all employers must follow.
- Full-time employees: a maximum of 38 hours per week, plus reasonable additional hours.
- Other employees (part-time or casual): a maximum of the lesser of 38 hours or the employee’s ordinary hours in a week, plus reasonable additional hours.
That second point is important. For non‑full‑time employees, the cap is tied to their ordinary hours. For example, if a part‑time employee’s ordinary hours are 24 per week, their maximum weekly hours are 24 (plus any reasonable additional hours), not 38.
Your industry’s Modern Award or an Enterprise Agreement may set more detailed rules (for example, on rostering windows, shift lengths, breaks or how hours can be averaged). Those rules apply on top of the NES baseline. If your team isn’t covered by an award or agreement, the NES maximums still apply and you need to rely on individual contracts and policies to set out how hours are managed.
To avoid confusion and disputes, make sure each team member’s ordinary hours are clearly set out in their Employment Contract (for full-time or part-time employees) or Employment Contract (Casual).
Is A 40‑Hour Week Legal, And How Many Hours Can Staff Work In A Day?
Many employers ask whether a 40‑hour week is legal in Australia. In short, it can be, provided the hours above 38 are “reasonable additional hours” and you comply with any overtime or penalty requirements that apply under the relevant award or agreement.
If you roster 40 hours as a matter of course, be prepared to show why those extra hours are reasonable for the role and the individual (we explain the reasonableness test below). Also check if an award requires overtime rates or time off in lieu (TOIL) for the extra hours. You may find it helpful to have a clear Time In Lieu approach or an overtime policy in your handbook so expectations are transparent.
What About Daily Limits And Shift Lengths?
The Fair Work Act doesn’t set a single national maximum for hours per day. Instead, daily limits and shift rules mostly come from Modern Awards and Enterprise Agreements.
- Many awards set “ordinary” daily hours at around 7.6–8 hours, with the possibility of longer shifts (often up to 10 or 12 hours) subject to overtime, breaks and fatigue management rules.
- Awards also commonly specify minimum breaks between shifts and required meal breaks, which you must provide no matter how busy things get.
- If there’s no award coverage, rely on contracts, policies and your work health and safety duties to ensure daily hours and breaks are safe and sustainable.
Two areas to pay special attention to are meal/rest entitlements and the gap between shifts. For a deeper dive, see guides on employee meal breaks and the minimum break between shifts. If your business uses rosters, also check your obligations around legal requirements for employee rostering and any award-specific rostering rules.
What Counts As “Reasonable Additional Hours”?
Under the NES, you can ask employees to work additional hours if they’re reasonable. An employee can refuse if the additional hours are unreasonable. What’s “reasonable” is assessed case‑by‑case using a list of factors set out in section 62 of the Fair Work Act. Key considerations include:
- Any risk to health and safety from working the extra hours (e.g. fatigue risks, nature of the work, time of day).
- The employee’s personal circumstances, including family and carer responsibilities.
- The needs of the workplace or business at that time.
- Whether the employee is entitled to receive overtime, penalty rates or other compensation, or to take TOIL.
- Any notice given by you of the extra hours, and any notice given by the employee of their refusal.
- The usual patterns of work in the industry and for the employee’s role.
- The terms of the relevant Modern Award or Enterprise Agreement (including averaging provisions or span of hours).
- The employee’s level of responsibility (for example, whether they’re in a managerial position with broader duties).
- Any agreed or lawful averaging arrangement of hours.
- Any other relevant matter in the circumstances.
In practice, keep good records of why additional hours were needed, the notice given, and how you managed risks. Where overtime is payable under your award or agreement, make sure it’s calculated correctly. If you use TOIL, set out the process in your policies and track it carefully.
It can be helpful to combine the reasonableness test with a safety lens. If there’s any significant WHS risk (for example, long shifts in safety‑critical roles or late‑night transport issues), prioritise a safer roster even if that means slower turnaround. Your WHS duties to provide a safe workplace always apply alongside workplace relations laws.
Part‑Time, Casual And Flexible Work
The maximum hours rules apply differently depending on the type of employment. Getting those distinctions right helps you roster fairly and lawfully.
Part‑Time Employees
Part‑time employees have agreed ordinary hours that are less than 38 per week, usually set in their contract and rostered across specific days. Under the NES, their maximum weekly hours are the lesser of 38 or their ordinary hours, plus any reasonable additional hours.
Hours outside the agreed pattern often attract overtime or penalty rates under the award. If you need to change a pattern permanently (for example, increasing a part‑timer from 20 to 24 hours per week), follow the award process and confirm the new ordinary hours in writing. Clear, tailored Employment Contracts and a well‑structured staff handbook make this much easier to manage.
Casual Employees
Casuals don’t have guaranteed ongoing hours, but they are still covered by the maximum hours framework. For other than full‑time employees (including casuals), the cap is the lesser of 38 hours or their ordinary hours in a week, plus reasonable additional hours. Their “ordinary hours” are the hours you agree and roster in a given week under the applicable award or agreement.
Most awards also regulate when overtime kicks in for casuals (for example, after a certain number of hours per day or week). Keep an eye on patterns that resemble permanent employment - repeated regular hours over time can raise questions about conversion rights and entitlements.
Flexible Work Arrangements
Eligible employees can request flexible work (for example, changes to start/finish times, or compressed weeks) in certain circumstances. You must consider these requests and respond within the statutory timeframe, using the proper process under the Fair Work Act and the terms of any award or agreement. If you vary the pattern of hours, document the changes and ensure they still fit within maximum hours and break requirements.
If your team works varied rosters, it’s a good idea to review your approach to changing employee rosters and have a consistent method for communicating and recording changes.
Compliance Checklist, Documents And Common Mistakes
The safest way to manage maximum hours is to combine good systems with the right legal documents. Here’s a practical checklist to help you stay on track.
1) Confirm Coverage And Set Ordinary Hours
- Identify the relevant Modern Award or Enterprise Agreement for each role; if there’s no coverage, the NES applies as your baseline.
- Set and record ordinary hours in each contract, and note how overtime, penalties or TOIL are handled.
- Use a reliable rostering/timekeeping system to track hours actually worked against ordinary hours.
2) Build A Clear Handbook And Policies
- Include rules for overtime approvals, TOIL, roster changes, breaks and fatigue management in your handbook or workplace policies.
- Make sure managers understand when overtime or penalties apply and how to approve additional hours.
- Train supervisors to apply the reasonableness test before asking for additional hours and to factor in safety, personal responsibilities and notice.
3) Watch Overtime, Penalties And TOIL
- Know when overtime or penalty rates apply under the award or agreement (daily caps, weekly caps, weekends, nights and public holidays are common triggers).
- Where appropriate, consider time off in lieu, and document accrual, approval and use in a consistent way.
- Regularly reconcile rosters, timesheets and payroll to avoid creeping underpayments. If in doubt, review your position against overtime laws.
4) Prioritise Health And Safety
- Assess fatigue risks for long or late shifts and build in adequate rest. Your duty of care as an employer applies at all times.
- Provide the meal and rest breaks required by awards or agreements, and avoid rosters that push staff beyond safe limits.
- If in doubt, err on the side of a shorter shift or additional rest, especially in safety‑critical roles.
5) Keep Accurate Records
- Maintain timesheets, rosters, approvals for additional hours, TOIL records and payroll summaries. Good records are your best protection in a dispute.
- If you average hours over a period (for example, under an award or agreement), make sure you have a lawful basis and the paperwork to support it.
6) Get The Right Legal Documents In Place
- Employment Contracts (FT/PT/Casual): Set out ordinary hours, classification, how overtime or penalties apply, and the process for additional hours. Start with Employment Contract (FT/PT) and Employment Contract (Casual).
- Workplace Policies/Staff Handbook: Explain rostering, breaks, overtime approvals, TOIL, and communicating changes. A strong Workplace Policy suite or staff handbook helps managers be consistent.
- Rostering/Timekeeping Practices: Ensure your system captures actual hours worked and flags overtime/penalty triggers under your award or agreement.
7) Common Mistakes To Avoid
- Assuming staff can work unlimited hours if they “agree.” Maximum hours and the reasonableness test still apply.
- Using a 40‑hour roster by default without checking award triggers for overtime or penalties.
- Letting part‑time hours creep up beyond the agreed pattern without adjusting contracts and pay settings.
- Missing required breaks or minimum gaps between shifts during busy periods.
- Failing to consider personal circumstances or safety risks when requesting additional hours.
Key Takeaways
- Under the NES, the maximum weekly hours are 38 for full‑time employees, and for others the lesser of 38 or their ordinary weekly hours - plus only “reasonable” additional hours.
- A 40‑hour week can be lawful if the extra hours are reasonable and you meet any overtime, penalty or TOIL obligations under the relevant award or agreement.
- Daily limits, shift lengths and breaks are set mainly by awards or agreements; always provide required meal/rest breaks and manage fatigue risks.
- Apply the full reasonableness test before asking for extra hours, taking into account safety, personal circumstances, notice, compensation and usual work patterns.
- Lock in ordinary hours in your Employment Contracts, use clear policies for rosters, overtime and TOIL, and keep accurate records to avoid underpayment and compliance issues.
- If you’re unsure about rostering rules or overtime triggers, review rostering requirements, check your award, and get advice early - it’s far cheaper than fixing problems later.
If you would like a consultation on managing maximum hours of work and setting up compliant contracts, policies and rosters for your team, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
