Australia
Governed by the Fair Work Act 2009. Standard 38 h/wk · OT beyond per Modern Award. Daily rest 10-12 h per Award. 11 national + state holidays. Right to Disconnect Act 2024.
Disclaimer: This country guide is provided for informational purposes only and does not constitute legal advice. While we update it regularly, it may not reflect ongoing regulatory changes. Illizeo SA accepts no liability for actions taken or not taken based on this content.
Statutory working time
38 h/wk standard · reasonable additional hours by contract/Award
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Standard | 38 h/wk | Fair Work Act NES | Reference |
| Reasonable additional | Beyond 38 h examined | Sec. 62 | Case-by-case |
| Modern Awards | Define OT | FWC | Sectoral |
| Enterprise Agreements | May derogate | Fair Work Act | With FWC approval |
Overtime
Per Award · premium often +50 %/+100 % · no statutory cap
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Standard OT premium | +50 % first 2 hrs | Modern Award | Award-variable |
| Beyond | +100 % | Modern Award | Often |
| Weekend | Loaded rates | Modern Award | Saturday +50 % |
| TOIL | Possible | Award | Employee choice |
Rest & breaks
Daily rest 10-12 h per Award · breaks paid/unpaid per Award
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Daily rest | 10-12 h per Award | Award | Varies |
| Weekly rest | 24-48 h | Award | Varies |
| Meal break | 30-60 min/5-6 h | Award | Typically unpaid |
| Rest break | 10-15 min paid | Award | Standard |
Night / Sunday / holiday work
Night defined by Award · 11 national + state holidays · Sunday penalty
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Night | Per Award | Award | Sector-variable |
| Public holidays | 11 national days | NES | Right to refuse work |
| Sunday penalty | +50 % to +100 % | Award | Sector-based |
| State holidays | Added variably | State law | ANZAC Day national |
Time recording
Employee Records mandatory Fair Work Regulations · 7 years
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Records obligation | Hours, pay, leave | FWR 3.31 | All employees |
| Retention | 7 years | FWR | Very long |
| Form | Paper or electronic | FWR | Readable |
| Penalties | Up to AUD 93,900 (corp) | Fair Work Act | Heavy |
Remote & flex work
Right to Disconnect Act 2024 effective 26/08/2024 · ATO 70 c/h allowance
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Right to Disconnect | 2024 Act effective 26/08 | Fair Work Amendment 2024 | Refuse off-hours contact |
| SMEs | Effective 26/08/2025 | Act | <15 employees |
| Remote expenses | 70 c/h ATO fixed rate | ATO | Simplified method |
| Workers comp | Covers home | State WC schemes | State-variable |
| Discrimination | Not by work location | Sex Discrimination Act | Protection |
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