Hours of work
On 12 December 2017, the Fair Work Commission (FWC) made changes to part-time and casual provisions in some awards.
Changes were made to the part-time clause in some awards, including the Hospitality and Restaurant Awards, and to overtime entitlements for casual employees in other awards, including the Retail, Hair and Beauty and Fast Food Awards.
These changes apply from ppc 1 January 2018. For more information read Changes to casual and part-time entitlements in some awards. You can also read the FWC's orders on their website.
Ordinary hours are an employee's normal and regular hours of work, which do not attract overtime rates.
Awards, enterprise agreements and other registered agreements set out any:
- maximum ordinary hours in a day, week, fortnight or month
- minimum ordinary hours in a day
- times of the day ordinary hours can be worked (eg. between 7am - 7pm).
The ordinary hours can be different for full-time, part-time and casual employees.
Spread of hours
The time of the day ordinary hours are worked is called the spread of hours (eg. between 7am - 7pm). Time worked outside the spread of ordinary hours can attract overtime rates.
Find more information about maximum and minimum hours of work and the spread of hours in your award by selecting from the list below.
Based on what you've told us, it looks like you're covered by the Horticulture Award 2010 [MA000028].
Maximum number hours
The maximum number of ordinary hours full-time and part-time employees can work is:
- 8 hours per day
- 152 hours over 4 weeks (an average of 38 hours per week).
Check clause 22.1(c) of the Horticulture Award for information on how to change the maximum ordinary hours per day.
Averaging weekly hours
An employer and full-time and part-time employees can average the employee’s hours over more than a week.
This means the employee may work more than 38 hours one week, but less in another.
Options for averaging weekly hours
The table below shows the options for averaging 38 hours per week.
||2 weeks in a row
||3 weeks in a row
||4 weeks in a row
Example: Averaging 152 hours over 4 weeks
Cindy works full-time and averages her 38 hours a week by working 152 hours over 4 weeks.
She works 42 hours the first week, 34 hours the second week, 45 hours in the third week and 31 hours in the fourth week. 42 + 34 + 45 + 31 = 152 hours.
This means that over 4 weeks she has worked an average of 38 hours per week.
Spread of hours
The ordinary hours for full-time and part-time employees (other than shiftworkers) in the Horticulture Award can be worked during 6am - 6pm on Monday to Friday.
Changing the spread of hours
An employer and a majority of employees can agree to change:
- the daily spread of hours
- the days ordinary hours can be worked to include Saturdays.
To find out more about who this award applies to, go to the Horticulture Award summary.
Source reference: Horticulture Award 2010 [MA000028] clause 22
- Building, construction and on-site trades
- Contract cleaning services
- Hair and beauty
- Health support services
- Real estate
- Road Transport
- Social, community, disability and home care services
- Storage services and wholesale
- Don't know
Maximum weekly hours
An employee can work a maximum of 38 hours in a week unless an employer asks them to work reasonable extra hours. See our Maximum weekly hours fact sheet.
Source reference: Fair Work Act 2009 (Cth) section 62
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Check out our Help resolving workplace issues section for practical advice on:
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