Ordinary hours of work | Practical Law

Ordinary hours of work | Practical Law

Ordinary hours of work

Ordinary hours of work

Practical Law ANZ Glossary w-001-0747 (Approx. 3 pages)

Glossary

Ordinary hours of work

This resource has been archived following reforms introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth). For information on these reforms, as well as new and updated content, click here.
For award and agreement free employees, the hours agreed between an employer and an employee as being the ordinary hours of work. These hours can often be agreed in relation to:
  • The total number of hours an employee can work per week, or averaged over a greater period.
  • The day(s) in a week the employee can work.
  • The time spans for the day(s).
  • The total number of hours an employee can work in a day.
  • Times worked outside the ordinary hours will attract overtime rates.
The Fair Work Act 2009 (Cth) (FW Act) also provides for maximum hours of work (see section 62 of the FW Act).
If there is no agreement about ordinary hours of work between the employer and the employee, the ordinary hours of work are 38 hours per week for a full-time award and agreement free employee.
For an award and agreement free employee working less than full-time, the ordinary hours of work are the lesser of:
  • 38 hours.
  • The employee’s usual weekly hours of work.
For more information, see Practice note, Managing an ill or injured employee: Personal/Carer’s Leave and section 20 of the FW Act.