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Hours of work

Ordinary hours of work are the hours that you and your employees agree to be their normal and regular pattern of work. They do not include overtime hours and they must be worked using one of the methods below.

Full-time employees

Your full-time employees can work up to 38 ordinary hours per week, which can be averaged over a 4 week period - totalling no more than 152 hours.

The average of 38 hours per week can be worked in the following ways:

  • 5 days of 7.6 hours per day
  • a 19 day working month of 8 hours per day
  • 152 hours over a 28 day period
  • 10 hour days, allowing shorter working weeks and more days off - only by agreement between you and a majority of your employees.

When one of the above options is agreed upon and implemented in your workplace, it can’t be changed to one of the other options until the applicable cycle is over.

All hours worked outside of the ordinary hours are overtime and must be paid at overtime rates.

Example

Jacob is employed on a full-time basis by Jarrod’s Cleaning Service Pty Ltd. When he started with the business, it was agreed that his 38 ordinary hours per week would be worked as 8 hour shifts over 19 days every month. Jacob is entitled to overtime rates of pay for all time he works over 8 hours on any day, or more than 19 days during any month.

Jacob’s employer, Jarrod, has a change in cleaning contracts and would like Jacob to work solely on one contract, which is cleaning a local business that is only open Monday to Friday. Jacob and Jarrod agree that his ordinary hours of work will change to 7.6 hours per day, Monday to Friday.

Because the method of working his ordinary hours has changed, the new system will start at the beginning of the next month.

Under the new system, Jacob is entitled to overtime rates when he works more than 7.6 hours on any day, or more than 5 days in any week.

Part-time and casual employees

Your casual and part-time employees can work up to 7.6 ordinary hours a day for up to 5 days per week. Ordinary hours can be worked on any day from Monday to Sunday (inclusive), although employees will receive a penalty rate for weekend or shift work.

Part-time and casual employees are entitled to overtime rates when they work more than 7.6 hours per day or more than 5 days per week. For more information about your overtime obligations, visit the Overtime section.

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Page last updated: 17 September 2010