top of page
Search

Overtime requests: a fair, lawful approach for Australian employers

Overtime can help meet a genuine business need, but it is not simply a matter of telling employees to stay back. Before requesting extra hours, employers should balance operational needs with each employee’s legal entitlements, safety and personal circumstances.


Start with the “reasonable additional hours” test

For most employees covered by Australia’s national workplace relations system, the baseline is:

  • Full-time employees: 38 hours per week, plus reasonable additional hours.

  • Part-time and casual employees: the lesser of 38 hours or their agreed/ordinary weekly hours, plus reasonable additional hours.



Employees may refuse additional hours when they are unreasonable. What is reasonable depends on the circumstances, including health and safety risks, family or caring responsibilities, the needs of the business, notice given, usual industry patterns, and whether appropriate overtime pay or other compensation is provided.


Check the right employment instrument first

“Overtime” and the rate payable are not the same for every workplace. Check the employee’s:

  • Modern award

  • Enterprise agreement or other registered agreement

  • Employment contract


These documents may set ordinary hours, overtime rates, minimum breaks, roster-change rules, notice requirements and when an employee may be required to work overtime. Do not assume a salary removes overtime obligations; confirm whether the salary lawfully compensates the relevant entitlements.


Time off in lieu should only be used where the applicable award or agreement permits it and its conditions are met.



Ask, don’t pressure

Give as much notice as practicable, explain why the extra work is needed, and make it easy for employees to raise concerns privately. A respectful request might be:

“We have an unexpected workload this week and are seeking volunteers for additional hours on Thursday. Please let me know if you are available. We’ll confirm the applicable overtime entitlement before the shift.”

Avoid treating a refusal as poor commitment or penalising an employee for asking about their rights. Employees are protected when they make a workplace enquiry or complaint, and adverse treatment for exercising a workplace right can be unlawful.


Make fatigue and safety non-negotiable

Long or irregular hours can create fatigue risks. Consider consecutive shifts, commuting time, workload intensity, rest breaks and whether the work involves driving, machinery, clinical decisions or other safety-critical tasks. Consult employees about circumstances that may increase fatigue risk, and adjust the roster where needed.



A simple manager checklist

Before asking for overtime, confirm:

  1. Is the extra work genuinely necessary?

  2. Is the request reasonable for this employee, at this time?

  3. What does the applicable award, agreement or contract require?

  4. What pay, penalty rate, allowance or time-off arrangement applies?

  5. Has the employee received enough notice?

  6. Are rest, fatigue and safety risks properly managed?

  7. Have the request, acceptance/refusal and payment been accurately recorded?


A fair overtime practice protects people, supports sustainable performance and reduces underpayment and workplace-relations risk. For a specific situation, check the applicable industrial instrument and obtain workplace-relations advice where necessary.



 
 
 
bottom of page