Excessive overtime occurs when an employee is required to work additional hours that are unreasonable under Australian employment law. This includes working outside ordinary hours, weekends, or public holidays – or working so many hours that it becomes unsafe or unhealthy.
Under the Fair Work Act 2009 (Cth), employees can refuse unreasonable overtime requests. Employers must also ensure that working hours are safe, fair, and compliant with Workplace Health and Safety laws.
In this article, our employment law lawyers explain what excessive overtime means under Australian law, how the Fair Work Act defines reasonable hours, and what rights employees and employers have.
Key Takeaways
Excessive overtime refers to additional work hours that are considered unreasonable under the Fair Work Act 2009 (Cth).
Employees have the legal right to refuse overtime if it risks health, safety, or family responsibilities.
Employers must prove that any requested overtime is reasonable and maintain accurate records of hours worked.
Courts assess “reasonableness” by examining factors like industry norms, notice given, and employee wellbeing.
Failure to comply can expose employers to Fair Work penalties, employee claims, and reputational damage.
Understanding “Reasonable” vs “Excessive” Overtime
An employer may ask an employee to work reasonable overtime, usually outlined in your employment contract, modern award, or enterprise agreement.
However, whether overtime is reasonable or excessive depends on various factors, including:
Risks to health and safety from working longer hours
The employee’s personal or family circumstances
Whether overtime pay or penalty rates are provided
Amount of notice given for the overtime
The needs of the business and standard industry practices
The level of responsibility within the employee’s role
If overtime interferes with wellbeing, safety, or family life (or is unpaid without agreement) it may be deemed excessive.
For more detail on how working hours and overtime interact with your employment agreement, read our article on Employment Contracts and the National Employment Standards.
Fair Work Obligations Around Overtime
Employers must follow the Fair Work Act and Workplace Health and Safety legislation to protect staff from unsafe or unreasonable working hours.
Section 62 of the Fair Work Act 2009 (Cth) states:
An employer must not request or require an employee to work more than the maximum weekly hours unless the additional hours are reasonable.
Employers must also keep records of overtime worked. Failure to maintain these records breaches the Act and may attract Fair Work enforcement.
For Employees: Refusing Excessive Overtime
Employees may refuse overtime if it is unreasonable.
You have the right to reasonably refuse overtime when:
It threatens your health or safety
It conflicts with family or personal responsibilities
You have not been given reasonable notice
The request is beyond industry standards or your role
Important: Employers cannot penalise or dismiss employees for refusing unreasonable overtime.
If you’re unsure whether your working hours are reasonable or need help reviewing employment contracts, contact Prosper Law’s employment lawyers today for practical, fixed-fee advice.
For Employers: Consequences of Breaching Overtime Rules
Employers who fail to comply with overtime and working hours obligations under the Fair Work Act 2009 (Cth) can face serious legal and financial consequences. These may include:
Investigations or enforcement action by the Fair Work Ombudsman
Civil penalties and compensation orders for affected employees
Underpayment claims, including back pay, interest, and superannuation
Damage to workplace culture and reputation, leading to staff turnover
Legal Tip: Employers should regularly review employment contracts, rostering practices, and recordkeeping to ensure compliance.
For a detailed overview of employer obligations under the Fair Work Act, read our guide: The Fair Work Act: A Guide for Employers.
Case Law: Excessive Overtime in Practice
Australasian Meat Industry Employees Union v Dick Stone Pty Ltd [2022] FCA 512
An employee required to work 50 hours per week challenged the hours as unreasonable. The Federal Court found that:
The onus is on the employer to show overtime is reasonable.
The employee’s fatigue and health risks made the hours unreasonable.
Even if overtime benefits the business, employees must have the option to refuse.
“All-inclusive” wages cannot justify overtime beyond agreed ordinary hours.
Landmark Case: Fair Work Ombudsman v Woolworths & Coles (2025)
A recent landmark decision of the Federal Court of Australia on 5 September 2025 held that annualised salary arrangements and set-off clauses used by employers cannot offset award entitlements across multiple pay-periods, and that record-keeping obligations apply even to salaried staff.
This decision signals increased scrutiny of overtime, penalty rates, and how additional hours are managed under modern awards.
Financial Services Union v National Australia Bank (Ongoing)
In this ongoing case, NAB employees claim they were expected to work unpaid overtime:
93% reported working more than contracted hours.
Many feared retaliation if they refused.
The Fair Work Commission is investigating alleged underpayment and unsafe work practices.
Key Lesson: Understanding what counts as excessive overtime helps both employers and employees create safer, fairer workplaces. By aligning with the Fair Work Act and respecting individual circumstances, businesses can improve wellbeing and avoid legal risks.
If you’re facing issues with excessive hours or overtime payments, reach out to Prosper Law for practical legal advice.
Frequently Asked Questions
What counts as “excessive overtime” under Australian law?
Excessive overtime occurs when additional hours are unreasonable under the Fair Work Act 2009 (Cth). For example, when hours cause fatigue, disrupt family life, or go unpaid.
Can my employer force me to work overtime?
Your employer can request reasonable overtime, but you can refuse if it is unsafe, excessive, or conflicts with personal responsibilities.
Some employers rely on annualised salary or set-off clauses to cover additional hours – learn more about how these clauses work in our article on annualised salaries and set-off clauses in employment.
Do I have to be paid for all overtime worked?
Yes. If you’re covered by an award or enterprise agreement, you are generally entitled to overtime pay or penalty rates unless otherwise stated in your contract.
How can I prove my employer is making me work excessive hours?
Keep written evidence (such as emails, rosters, or timesheets) showing overtime worked and any communications about it.
Your employer must also legally record working hours.
What should I do if I’m being pressured to work excessive overtime?
You can raise the issue internally, contact Fair Work Ombudsman, or seek advice from an experienced employment lawyer like Prosper Law for confidential legal support.
