This note examines the National Employment Standards (NES) under Division 3 of Part 2-2 of the Fair Work Act 2009 (Cth) (FW Act). The maximum weekly hours standard regulates national system employees working excessive hours by imposing rules regarding the number of hours employees can be requested or required to work each week, including reasonable additional hours. Employees have a statutory right to refuse to work unreasonable additional hours, such as overtime.

For an overview of cases considering disputes regarding the maximum weekly hours standard, including those arising under the unfair dismissal provisions of Part 3-2 of the FW Act, the general protections provisions of Part 3-1 of the FW Act, and disputes arising under enterprise agreements, see Casetracker, Disputes regarding maximum weekly hours of work.