Australia Fair Work Act 2009 (Cth)
Part 2-2 Divisions 3 and 4: Maximum weekly hours and flexible working arrangements – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s62: s 62 (and ss 63 and 64) Maximum weekly hours and reasonable additional hours

An employer does not request or require an employee to work more than 38 hours a week (or, for a part-time employee, the lesser of 38 and the employee's ordinary hours) unless the additional hours are reasonable, and the employee may refuse unreasonable additional hours. Reasonableness weighs WHS risk, personal and family circumstances, the needs of the workplace, whether overtime, penalties or remuneration compensate, the notice given by each side, industry patterns, the role and responsibility, averaging terms, and any other relevant matter. Authorised leave counts as hours worked. Averaging over a period is allowed under an award or agreement term, or for award/agreement free employees by written agreement over no more than 26 weeks (ss 63, 64).

Maintained by Gerard Blokdyk

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