What are maximum weekly hours under the NES?

At a minimum, employers must comply with the NES for all national system employees.

The first NES imposes a limit on the number of hours employees can work each week.

Employers 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:

1. For a full-time employee, 38 hours, or
2. For an employee other than a full-time employee, the lesser of:
   1. 38 hours, or
   2. the employee’s ordinary hours of work in a week.

The hours an employee works in a week must be taken to include any hours of leave or absence (paid or unpaid) that is authorised: by

• The employer, or
• A term of the employee’s employment, or
• A Commonwealth, State or Territory law, or an instrument in force under such a law.

Can an employee refuse to work additional hours?

An employee can refuse to work additional hours if they are ‘unreasonable’.

When are additional hours ‘unreasonable’?

A range of factors are considered to determine if additional hours are ‘unreasonable’.  Factors include:

• Any risk to employee health and safety.
• The employee’s personal circumstances, including family responsibilities.
• The employer’s needs.
• If the employee is entitled to overtime payments, penalty rates or other compensation for working additional hours.
• If the employee receives remuneration that reflects an exception of additional hours.
• The nature of the employee’s role and level of responsibility.
• The employee’s seniority.
• If the employer has given notice to the employee to work additional hours.
• If the employee has refused to work additional hours.
• The usual patterns of work in the industry.