Joint Venture Agreement Lawyers NSW

The first of the 10th National Employment Standards – the 38 hour week

The 1st of the National Employment Standards (NES) provides that the maximum number of ordinary hours an employee can work in a week are 38, plus reasonable additional hours.


These ordinary hours usually can be averaged.

If the employee is covered by an award or enterprise agreement, the averaging must be done in accordance with such award or enterprise agreement.

If the employee is award or enterprise agreement free, then the averaging may be done over a period of not more than 26 weeks. The averaging arrangement must be in evidenced in writing.

Reasonable additional hours

In determining whether a request to work additional hours is reasonable, the following must be considered:

  1. any risk to the employee’s health and safety from working the additional hours;
  2. the employee’s personal circumstances, including family responsibilities;
  3. the needs of the business or workplace in which the employee is employed;
  4. whether the employee is entitled to receive overtime payments, penalty rates or other compensation for the additional hours;
  5. whether the employee’s level of remuneration reflects an expectation of working additional hours;
  6. the nature of the employee’s role, and the employee’s level of responsibility;
  7. the amount of notice given by the employer to the employee of the requirement to work additional hours;
  8. any notice given by the employee to the employer of his or her inability to work the additional hours requested;
  9. the usual patterns of work in the industry, or the part of an industry, in which the employee works;
  10. whether the additional hours are in accordance with averaging terms included in a modern award or enterprise agreement that applies to the employee;
  11. for non award employees, whether the additional hours are in accordance with an averaging arrangement agreed to in writing by the employer and employee under Section 64; and
  12. any other relevant matter.

If you have any questions, please do not hesitate to contact us.

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