Is Overtime Pay Required in Australia?
There is no statutory overtime rate in Australia. Here is what the law actually says, and what does apply instead.
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What applies instead
- Overtime starts after 38 hours a week.
- Limit: no cap; a right to refuse unreasonable additional hours.
- Set by Fair Work Act 2009 s. 62 and the modern awards.
Worth knowing
The National Employment Standards set no overtime rate whatsoever. Your award or enterprise agreement sets it, and there are about 120 awards with materially different rules. Award-free employees above the high income threshold usually have no overtime entitlement at all.