Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Hiring your first team member – or expanding your workforce – is a big milestone. Getting the basics right around what a “full time job” actually means in Australia will help you stay compliant, pay people correctly, and build a fair and sustainable workplace.
So, where is the line between full time, part time and casual? How many hours count as “full time”? And what are the legal risks if roles are misclassified?
In this guide, we unpack what a full time job means under Australian workplace law, outline key entitlements, and walk through practical steps to classify roles correctly. We’ll also share the core documents and processes you should put in place so you can hire with confidence.
What Does “Full Time” Mean In Australia?
There isn’t a single, hard-and-fast definition of “full time” in the Fair Work Act that applies to every job in Australia. Instead, full time status is determined by a mix of factors, including the National Employment Standards (NES), your industry’s modern award or enterprise agreement, and the terms in the employment contract.
The Core Principles
- Maximum weekly hours: The NES set maximum weekly hours at 38 for a full-time employee, plus reasonable additional hours (assessed case by case). You can read more about maximum hours and “reasonable additional hours” in our overview of maximum hours of work.
- Ongoing engagement: Full time roles are generally ongoing and predictable, with a stable pattern of hours on a continuing basis (as opposed to ad hoc shifts).
- Award and enterprise agreement terms: Many modern awards define full time in practical terms for the industry (e.g. 38 hours per week or another standard such as 35 or 37.5), set rostering rules, and specify overtime and penalty rates.
Put simply, a full-time employee is typically engaged on an ongoing basis to work an average of around 38 ordinary hours per week (subject to the relevant award or agreement), with access to the full suite of NES entitlements.
How “Full Time” Differs From Part Time And Casual
- Full time: Ongoing employment, generally around 38 ordinary hours a week (industry standards vary), with full entitlements.
- Part time: Ongoing employment for fewer than 38 hours per week, working a regular pattern of hours, with entitlements on a pro‑rata basis.
- Casual: No firm advance commitment to continuing and indefinite work with an agreed pattern of hours; generally paid a casual loading instead of certain leave entitlements, with specific casual rights under the Fair Work framework.
Because each type of employee attracts different entitlements, it’s important to classify roles based on the reality of the working arrangement – not just the job title in the contract.
How Many Hours Is A Full Time Job, And Do Breaks Count?
For most industries, full time work sits at about 38 ordinary hours a week, but your modern award or enterprise agreement may set a different standard number (for example, 35, 37.5 or 40). Always check the award or agreement that applies to your business.
Reasonable Additional Hours
Full time employees can work reasonable additional hours beyond their ordinary hours, taking into account factors such as the employee’s health and safety, family responsibilities, the needs of the workplace, compensation arrangements and any applicable award provisions.
Do Meal And Rest Breaks Count Toward Hours?
Meal breaks are usually unpaid and don’t count toward ordinary hours unless your award or agreement says otherwise. Rest breaks can be paid or unpaid depending on the instrument and the length of the shift. If you’re setting rosters and break schedules, build them in line with your industry’s rules and the principles covered in our guide to Fair Work breaks.
What Are The Key Entitlements For Full Time Employees?
Full time employees receive the full suite of NES entitlements, plus any award or agreement benefits that apply to their classification. Common entitlements include:
- Annual leave: At least 4 weeks of paid annual leave per year of service (with additional leave for some shiftworkers). In some awards, annual leave loading applies.
- Personal/carer’s leave: 10 days of paid personal/carer’s leave per year of service (accruing progressively and carrying over year to year).
- Parental leave: Up to 12 months’ unpaid parental leave, with a right to request an additional 12 months in certain circumstances.
- Public holidays: Paid absence on public holidays (unless reasonably required to work and compensated according to the applicable award or agreement).
- Notice of termination: Minimum notice periods apply, and employers can provide payment in lieu of notice in many cases.
- Redundancy pay: Payable in eligible circumstances, subject to exclusions (for example, small business exemptions and casual status considerations).
- Superannuation: From 1 July 2024, the Superannuation Guarantee rate is 11.5% (increasing according to the legislated schedule). Super is generally calculated on ordinary time earnings; see our guide on ordinary time earnings (OTE).
Full time staff are also protected by rules around unfair dismissal (after the minimum employment period), anti‑discrimination, and workplace health and safety. If an award covers the role, overtime, penalty rates and allowances may also apply.
Why Correct Classification Matters (And Common Employer Risks)
Calling a role “full time” in a contract doesn’t make it so. Regulators and tribunals will look at the reality of the engagement: the hours worked, the predictability of the roster, the nature of the commitment, and how entitlements are treated.
Risks If You Get It Wrong
- Underpayments: Misclassifying a full time role as casual or part time may lead to shortfalls on leave, overtime, penalty rates, notice and redundancy.
- Unfair dismissal exposure: If the employee has met the minimum employment period and processes aren’t followed, you could face a claim.
- Back‑pay and penalties: Non‑compliance with the NES or award terms can result in orders to back‑pay entitlements and civil penalties.
- Payroll and super issues: Errors around PAYG withholding and superannuation calculations can create compliance problems and extra costs.
The best protection is clear, accurate paperwork. Use a tailored Employment Contract that reflects the role and its classification, and make sure your payroll and rostering practices line up with the contract and the relevant award or agreement.
How To Classify Roles Correctly
- Start with the award or agreement: Confirm the correct classification, minimum rates and ordinary hours arrangements for the role.
- Check the pattern of work: Ongoing, predictable hours around the full time standard point to full time status; a regular but fewer‑hours pattern usually indicates part time; irregular, no firm advance commitment points to casual.
- Align contract and reality: The written terms and day‑to‑day practices should match. If they don’t, fix the inconsistency promptly.
- Update documents when things change: If you need to vary hours, duties or status, follow the proper process – our guide to changing employment contracts covers the key steps.
What Documents And Processes Should You Have For Full Time Staff?
Putting the right documents and onboarding steps in place protects your business and sets clear expectations from day one.
- Employment Contract (full time): Sets out classification, hours, remuneration, leave, overtime and termination terms aligned with the award or agreement. Use a tailored Employment Contract for full time roles.
- Workplace policies: A clear set of policies (e.g. code of conduct, bullying and harassment, work health and safety, leave, IT and social media) helps you manage issues consistently. A comprehensive Staff Handbook Package is a practical way to bundle these.
- Privacy paperwork: If you collect personal information from staff or clients, make sure you have a compliant Privacy Policy and appropriate collection notices.
- Payroll set‑up: Ensure your systems issue compliant payslips, track leave and hours, and calculate super correctly in line with OTE and any award terms.
You’ll also need to handle payroll and super registrations and processes. Because tax and super settings depend on your business, speak with your accountant or bookkeeper about PAYG withholding, Single Touch Payroll and super payments so your systems are configured correctly from the start.
Can You Change An Employee’s Status (For Example, Casual Or Part Time To Full Time)?
Yes – but you must follow the legal process. Where a casual’s pattern of work becomes regular and ongoing, or where a part time role expands to a full time pattern, there are pathways to change status under the Fair Work framework and many awards.
Key Points To Keep In Mind
- Process matters: There are eligibility thresholds and timelines around requests and offers to change status. Make sure you follow the applicable award or statutory process and consult with the employee.
- Issue a new contract: A change in status should come with an updated Employment Contract that reflects the classification, hours, pay and entitlements going forward.
- Revisit policies and payroll: Update leave accruals, overtime settings and onboarding records so everything aligns with the new status.
If you’re weighing up a status change, it’s wise to map the new roster against award rules and ensure the operational reality supports the new classification before you update documents.
Key Takeaways
- “Full time” is typically an ongoing role working around 38 ordinary hours per week, but the exact standard and rostering rules come from the NES and your industry’s award or agreement.
- Breaks are usually unpaid unless the award or agreement says otherwise, and reasonable additional hours are assessed case by case; see the rules around breaks and maximum weekly hours.
- Full time employees receive the full NES entitlements, including annual leave, personal/carer’s leave, notice and redundancy where eligible, and super at 11.5% from 1 July 2024 (generally on ordinary time earnings).
- Misclassification risks underpayments, unfair dismissal exposure and penalties. Align the contract, award classification and day‑to‑day practices.
- Protect your business with a tailored Employment Contract, clear policies (via a Staff Handbook), and, where relevant, a compliant Privacy Policy.
- When changing status (e.g. casual or part time to full time), follow the proper process, consult the employee, and issue updated documentation to reflect the new arrangement.
If you’d like a consultation on setting up full time employment in your business – from contracts and policies to award compliance – you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.


