Is Overtime Pay Required in Australia?

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.

Questions people ask

Why is there no calculator on this page?

Because there is nothing statutory to calculate. Australia sets no overtime rate in law, so any figure a calculator produced would be invented. The rate that applies to you is in your contract, your staff handbook or a collective agreement, and that is the number to use.

What should I check instead?

The document that creates the right: your contract or the collective agreement. Read what it says overtime is paid at, whether there is a threshold before it starts, and whether it can be taken as time off instead. If it says nothing, overtime is paid at your ordinary rate unless you negotiate otherwise.

Do the premiums stack on top of each other?

It depends on the country, and this is where people go wrong. The Philippines multiplies them, so overtime on a public holiday is 260%, not 225%. Colombia says expressly that surcharges apply on their own and never accumulate. Read the note for your country.

Can my employer make me work overtime?

Usually only within the limits shown above, and in some countries only with your written consent. The caps are legal limits on hours, not targets. Exceeding them is a breach even where the extra hours are paid correctly.