38-hour week in Australia: when extra hours are reasonable, and when a salary stops covering them

The 38-hour week in Australia is a legal limit, not a habit. Under the National Employment Standards (NES), an employee can work a maximum of 38 hours in a week unless the employer asks them to work reasonable extra hours. Those extra hours are usually overtime, paid at a higher rate under the award or agreement that covers the job, and a salary has to be big enough to absorb them.

Recruiters ask about hours at almost every stage, because hours are where good offers and bad offers quietly separate. This guide sets out what the rule says, what "reasonable" means in practice, how overtime pay is decided, and a simple sum that shows when a salary stops paying for the time you give it.

What the NES hours rule actually says

The NES are the minimum entitlements for every employee in the national workplace relations system. An award, contract or agreement can give more, never less.

The rule has two parts. The first is the cap itself: 38 hours a week for a full-time employee. The second is the exception: the employer may ask for extra hours, but only reasonable ones. Fair Work explains both parts, and how reasonableness is judged, on its hours of work page.

The rule does not set the pay for extra hours. Pay comes from elsewhere: your award, your registered agreement or, for the few roles with neither, the National Minimum Wage order.

Where your own ordinary hours come from

Most employees' minimum pay and conditions come from the award that covers their industry or occupation. Awards are legal documents that set minimum rates and conditions, and each one defines ordinary hours in its own way. If you have not yet worked out which award applies to you, our guide to finding your MA000 award code walks through it.

When extra hours are reasonable

There is no single number of extra hours that is always fine or always too many. The NES ties extra hours to reasonableness, and Fair Work's guidance on judging it looks at the circumstances of the employee and the workplace, not just the clock.

From a recruiter's chair, the useful questions are practical:

• Was the possibility of extra hours explained before you accepted the role, in the ad, the interview or the contract?
• Are the extra hours occasional, such as a stocktake or a shutdown, or are they every week?
• Are you paid for them, either as overtime or through a salary that genuinely covers them?
• Did you get notice, or is the request made at the end of a shift?
• Do you have caring or other responsibilities the employer knows about?

A request that passes most of these questions is more likely to be reasonable. One that fails several of them is worth raising, politely and in writing, before it becomes the normal pattern.

Contact outside your hours is a separate rule

Extra hours at the workplace are not the same as messages after you have gone home. Since 26 August 2024 for most employers, and 26 August 2025 for small businesses with fewer than 15 employees, employees can refuse to monitor or respond to out-of-hours contact unless refusing is unreasonable. Our guide to the right to disconnect in Australia covers how that works.

How extra hours are paid

Fair Work describes overtime as work performed outside the ordinary hours listed in an award or agreement. It is usually paid at a higher rate, and some awards and agreements allow time off in lieu (TOIL) instead of extra pay. The overtime pay page explains the general rule; the exact rate, and whether TOIL is allowed, sits in your award's overtime clause.

So two workers doing the same extra shift can be paid very differently: one under a generous overtime clause, another on a salary said to "include" the extra time. Evenings, weekends and public holidays can add penalty rates on top, which our guide to weekend and late-shift penalty rates explains.

The floor under all of this is the National Minimum Wage. From 1 July 2026 it is $26.44 an hour or $1004.90 a week, and Fair Work's minimum wages page confirms that most workers' award rate is higher. The weekly figure is calculated on a week of 38 ordinary hours, so 38 is built into the pay floor as well as the hours rule.

The salary test: when unpaid overtime starts to cost you

Salaried roles are where hours cause the most confusion. A salary or a contract rate is allowed to cover some extra hours. But Fair Work says an employee on a salary, contract or individual flexibility arrangement must be paid overall at least what they would get under their award or agreement, including penalties and loadings. Every unpaid hour lowers the real hourly rate the salary works out to.

Take a salary of AUD79,423, the same figure as the core skills income threshold for sponsored nominations lodged from 1 July 2026 to 30 June 2027. Spread over a year, that is about AUD1,527 a week. The table shows what that salary works out to per hour as the weekly hours climb, next to the minimum wage spread the same way.

The right-hand column makes the point plainly. If someone on the minimum weekly wage works seven extra hours unpaid, their real rate drops well below the $26.44 hourly minimum. Paying those seven hours at even the base hourly minimum would add about $185.08 to the week, before any overtime loading the award adds.

The left-hand column is subtler. A salary at the threshold still sits above the minimum wage after twelve extra hours a week, but it may no longer be above what the award for that job would pay once overtime and penalties are counted. That is the comparison to run before you sign; these figures are a rough guide only. Our guide to the 2026 income thresholds for sponsored roles explains how the threshold itself is applied.

How to check an offer's hours before you sign

1. Find the award or agreement that covers the role, and note its ordinary hours and overtime clause.
2. Read the contract's hours clause. Look for "reasonable additional hours", "hours as required" or a statement that the salary covers overtime.
3. Ask the employer or recruiter how many hours the role usually involves in a normal week and in a busy week.
4. Work out the hourly rate the offer gives at those hours, using the same sum as the table above.
5. Compare that with what the award would pay for the same hours, including overtime and any penalty rates.
6. If the gap worries you, ask before accepting, and keep the answer in writing.

Once you start, keep your own record of the hours you work. Pay slips must be given within 1 working day of pay day, so you can check each one against your record quickly. Your employer must also give you the Fair Work Information Statement when you start.

What employers look for when they talk about hours

Employers in busy sectors usually want to know early whether a candidate can handle peak periods. In manufacturing jobs in Australia, that may mean production deadlines; in kitchens, a role such as this chef job in Bunbury may involve busy service periods. A CNC machinist role in Sydney may come with shift patterns that are set out in the ad.

The strongest applications are honest about availability. If you can work extra hours at peak times, say so plainly and give an example from a past job, such as covering a shutdown or a seasonal rush. A tool such as Build AI CV can help you put that experience clearly against the duties in the ad.

Common mistakes with the 38-hour week

• Treating 38 hours as a target, not a limit. The NES sets the maximum; extra hours have to be reasonable.
• Assuming a salary covers any number of hours. It must still pay at least the award amount overall, including penalties and loadings.
• Not knowing your award's ordinary hours. Without them you cannot tell which hours are overtime.
• Taking time off in lieu without checking. TOIL applies only where the award or agreement allows it.
• Keeping no record of hours. A simple diary makes a pay slip easy to check and a question easy to raise.
• Believing a visa changes the rules. Visa holders have the same workplace rights as everyone else, and an employer can't cancel a worker's visa.

That last point matters for workers who are new to the country. Only the Department of Home Affairs can grant, refuse or cancel visas, and contacting the Fair Work Ombudsman will not get a visa cancelled. Fair Work's page for visa holders and migrant workers explains where to get help, and our overview of workplace rights in Australia brings the pay floor, awards and safety rules together. Workers comparing what the pay floor means at home may also find PinoyAbroad's guide to the Australian minimum wage in peso terms useful.

Frequently asked questions

What is the maximum number of hours in a working week in Australia?

Under the National Employment Standards, an employee can work a maximum of 38 hours in a week. The employer can ask for more only where the extra hours are reasonable, and whether a request is reasonable depends on the circumstances.

Do I get paid for hours beyond 38 a week?

Hours worked outside the ordinary hours in your award or agreement are overtime, which is usually paid at a higher rate. Some awards and agreements allow time off in lieu instead, so the overtime clause of your award decides what you are owed.

Is unpaid overtime legal for salaried employees?

A salary can cover some extra hours, but Fair Work says a salaried employee must still be paid overall at least what they would get under their award or agreement, including penalties and loadings. If regular extra hours push your pay below that amount, the salary is not covering them.

Is 38 hours a week full-time in Australia?

The NES uses 38 hours as the weekly maximum for a full-time employee, and the National Minimum Wage of $1004.90 a week is calculated on 38 ordinary hours. Your award or agreement sets your own ordinary hours, so read it alongside your contract.

Do these rules apply to people on a work visa?

Yes. Visa holders and migrant workers have the same workplace rights and protections as all other employees in Australia, including pay. For help in another language, call the Translating and Interpreting Service on 131 450 and ask for the Fair Work Ombudsman on 13 13 94.

Key takeaways

• The NES caps a full-time week at 38 hours, plus only reasonable extra hours.
• Overtime pay and TOIL come from your award or agreement, not the NES.
• A salary must still pay at least the award amount overall, including penalties and loadings.
• Divide the salary by the hours you really work to see your true hourly rate.
• Ask about hours before you accept, keep a record, and check every pay slip.