What Is “Unreasonable Overtime” in Australia?

In Australia, employers can ask you to work overtime, but only if the request is reasonable.

If it’s not? You can legally refuse.

The Fair Work Act (s. 62) sets out specific factors that decide whether overtime is reasonable or unreasonable.

✅ When overtime IS unreasonable

An overtime request becomes unreasonable when any of the following apply:

1. You’re already working excessive hours

If your regular hours + the extra overtime push you into unsafe or unmanageable territory, the overtime becomes unreasonable.

2. It affects your health or safety

If the overtime risks your wellbeing, fatigue, burnout, long shifts, back-to-back days, unsafe conditions, you can refuse.

3. You have personal or family responsibilities

Caring duties, school pick-ups, medical needs, child commitments, if overtime clashes with these, it may be unreasonable.

4. You weren’t given adequate notice

If overtime is sprung on you last-minute (“stay back tonight for another four hours”), it can be unreasonable, especially if it disrupts life commitments.

5. Your role or contract doesn’t support it

If the nature of your job doesn’t require unpredictable hours, or your contract/award doesn’t clearly expect regular overtime, a request can be unreasonable.

6. The overtime would harm your work–life balance

The Act considers the “disruption to your personal life.” If overtime repeatedly forces you to sacrifice rest, family time, or reasonable life activities, it may be unreasonable.

7. You haven’t been compensated fairly

If you’re not receiving:

• overtime penalties

• time in lieu

• allowances

• or a salary that genuinely compensates for additional hours

… then the overtime request is less likely to be considered reasonable.

8. The pattern is constant, not occasional

A one-off big week is one thing.

Regular, relentless overtime is another, especially when it becomes part of the job without proper compensation or agreement.

❗ What employees often don’t realise

You have a legal right to refuse overtime if it’s unreasonable.

You don’t need to “explain yourself” or apologise.

The Act backs you.

Nudge breakdown: how to tell quickly

Ask yourself:

• Is it unsafe?

• Is it unfair?

• Is it constant?

• Does it smash my personal life?

• Am I not being paid properly for it?

• Did they tell me in advance?

If you tick more than one box, it’s likely unreasonable overtime.