What is a standard work week, and when are additional hours reasonable?

August 25, 2025

In Australia, the standard full-time workweek is governed by the National Employment Standards (NES) under the Fair Work Act 2009. While the typical workweek is set at 38 hours, there are circumstances where employees may be asked to work beyond this limit. This bulletin explores the factors that determine whether working additional hours is reasonable, the importance of overtime and penalty rates, and how these rules apply across different industries and roles.

Standard Working Week
The National Employment Standards (NES), part of the Fair Work Act 2009, outline the minimum conditions for employees in Australia. Under the NES, the standard full-time workweek is set at 38 hours. Some Awards allow these hours to be averaged over a period of time (e.g. a month). In some cases, an employer may request employees to work more than 38 hours.

If an employer requires an employee to work more than 38 hours in a week, it must be considered reasonable. Factors like the employee’s role, the nature of the business, and whether the extra hours are consistent with the employee’s usual work pattern are taken into account.

What is reasonable
In rural Australia, where much of the employment is agriculturally based, a 38-hour workweek from Monday to Friday is not always viable. The seasonal nature of agricultural work means that during certain periods of the year, such as branding, weaning, harvest or planting, employees may be required to work additional hours to complete tasks on time.

For example, it is not unusual for farmhands to work up to 50 hours a week, with work spread across the entire week, including public holidays.

To determine what is reasonable the following considerations are to be taken into account:

• any risk to employee health and safety;
• the employee’s personal circumstances, including family responsibilities;
• the needs of the workplace or enterprise;
• whether the employee is entitled 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;
• any notice given by the employee of their intention to refuse 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;
• any other relevant matter.

Recently, in a matter brought before the Fair Work Commission, it was found that a 50-hour workweek for a meatworks worker was not unreasonable. The Commission came to this conclusion as it was consistent with the industry standard, did not compromise safety, and the worker was appropriately compensated for the additional hours beyond the 38-hour maximum.

In contrast, in a different matter brought before the Fair Work Commission recently, the Commission ruled that it was unreasonable for a graphic designer to work a 40-hour week consistently over the entirety of her 8-year employment. While the Commission acknowledged that the fast-paced nature of the industry sometimes required extra hours to meet deadlines, it deemed it unreasonable to expect the employee to work two hours of overtime each week without being compensated in accordance with the award.

Overtime and penalty rates
Employees who fall under an award are entitled to overtime pay for hours worked beyond 38 hours per week (or as averaged). Additionally, employers must ensure they comply with penalty rates for work performed during weekends or public holidays.

It is common for employers to pay a flat hourly rate above the award rate, but this must be done with the employee’s agreement in writing. The flat rate must also result in the employee being better off overall compared to receiving payments strictly in accordance with the award.

While the standard maximum weekly working hours are 38 hours, employees may work more than this, provided that the employer considers the reasonableness of the additional hours and ensures appropriate remuneration.

If you have any questions about employment matters, as an employer or an employee, please contact our Business Services team at Fox and Thomas.