Industrial Relations Act 2016

An employer must not ask or require an employee to work more than the following number of hours in a week—

for a full-time employee—38 hours;

for an employee who is not a full-time employee—the lesser of—

38 hours; or

the employee’s ordinary hours of work.

However, the employer may ask or require an employee to work additional hours if the hours are reasonable under section 26.

The employee may refuse to work additional hours beyond the number of hours mentioned in subsection (1)(a) or (b) if working the additional hours is not reasonable under section 26.

The hours an employee works in a week under subsection (1)(a) or (b) are taken to include any hours of leave, or absence, whether paid or unpaid, that the employee takes in the week and that are authorised—

by the employee’s employer; or

under a term or condition of the employee’s employment; or

under a law of the State or an industrial instrument.