In this article, Partner Anna Hendry and Special Counsel Adele Garnett cover factors employees and employers may like to know about when it comes to what’s considered ‘reasonable’ overtime under Australian workplace and employment law. If you have a pressing workplace and employment law issue, you can reach out to our team. This article is also available as a factsheet (PDF).

What is reasonable overtime for employees under Australian workplace relations law?

Section 62 of the Fair Work Act 2009 (FW Act) states that an employer must not request or require a full-time employee to work more than 38 hours per week, unless the additional hours are reasonable.

There is no rule as to what is ‘reasonable’, but case law and section 62 make it clear that what may be reasonable depends on the particular circumstances of both the employee and the employer, as set out in the ten factors outlined in section 62(3) (Ten Factors). If challenged, the onus is on the employer to prove that the additional hours are reasonable.

10 factors for reasonable employee overtime legally in Australia

The Ten Factors considered in assessing the reasonableness of overtime for employees under section 62 of the FW Act are:

1. Risk to health and safety from working the additional hours – the courts will consider it common knowledge that working long hours creates fatigue and health risks. This is a significant consideration, particularly in safety-critical industries;
2. the employee’s personal circumstances,...

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