Maximum weekly hours

Hey there and thanks for your question…it’s a good one. When it comes to maximum weekly hours, a number of factors come into play: the status of your employees (full time, part time or casual), whether you’re looking to have people work long hours on a regular basis, plus the nature of the roles in question.  Let’s start with the big picture overview, then a link to a handy reference resource from the Fair Work Ombudsman.

Maximum weekly hours and the NES

Maximum weekly hours form part of the National Employment Standards (NES). The NES apply to all employees covered by the national workplace relations system, regardless of any award, agreement or contract.

The NES establish the maximum weekly hours for employees, as well as the circumstances in which an employee may refuse a request or requirement to work additional hours if the hours are unreasonable. They also set out arrangements for the averaging of hours of work under an award or agreement, or by agreement between an employer and an award/agreement-free employee.

What are the maximum weekly hours of work?

An employer must not request or require an employee to work more than the following hours of work in a week, unless the additional hours are reasonable:

• for a full-time employee, 38 hours (unless their award or enterprise agreement specifies different hours), or
• for an employee other than a full-time employee, the lesser of:
• 38 hours
• the employee’s agreed ordinary hours of work in a week.

An employee may refuse to work additional hours if they are unreasonable.

What factors determine whether additional hours are reasonable?

In determining whether additional hours are reasonable or unreasonable, the following must be taken into account:

• any risk to employee health and safety
• the employee’s personal circumstances, including family responsibilities
• the operational needs of the workplace
• an entitlement for the employee to receive overtime payments, penalty rates or other compensation for (or a level of remuneration that reflects an expectation of) working additional hours
• any notice given by the employer to work the additional hours
• the usual patterns of work in the industry
• the nature of the employee’s role and the employee’s level of responsibility
• whether the additional hours are in accordance with averaging provisions included in an award or agreement that is applicable to the employee, or an averaging arrangement agreed to by an employer and an award/agreement-free employee

What is an averaging arrangement?

An averaging arrangement is an agreement between an employer and employee to average the number of hours worked over a set period. Worded correctly, an averaging arrangement can eliminate the need to pay overtime for the hours covered by the agreement.

As long as the average number of hours is not more than 38 per week, the employee can work more hours in some weeks and fewer hours in others. When there is an averaging arrangement in place, this will be relevant in determining whether additional hours are considered “reasonable”.

There is no requirement for an employer and employee to enter into an averaging arrangement.

Read more about averaging arrangements and maximum weekly hours in the Fair Work Ombudsman’s factsheet on the subject here.

Bottom line?

Based on the NES, an employer should not ordinarily expect a full-time employee under an employment agreement to regularly work more than 38 hours a week.

Help is just a call away

Running a business can be rewarding. It also comes with a whole bunch of lawful obligations, particularly when it comes to employing staff. But there’s a simple HR solution in just three words: Bare Bones Consulting.  Whether you need a little help or a lot, we can show you what you need to know so you can focus on what really matters to you. Call us today.