Overtime australia what is the law

According to Fair Work Australia, the usual test of what is reasonable in all circumstances is any request that takes the following into account:.

Remember, when making the call about what is reasonable you should endeavour to help the enterprise that you are working with, which is providing you with a job, but not to go as far as to allow the enterprise to exploit you. If you are an adult and have the capacity, you. Do I have any post-engagement obligations as an independent contractor?

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It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use. Learn More Accept. Employment and HR. Australia: Overtime vs reasonable additional hours in Australia. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. The National Employment Standards NES provide that an employer cannot request or require: a full time employee to work more than 38 hours per week; a part time employee to work more than their ordinary hours of work, unless that request is reasonable.

To determine whether the additional hours are "reasonable", it is necessary to consider a range of factors including: any risk to employee health and safety from working the additional hours; the employee's personal circumstances, including family responsibilities; the needs of the workplace; whether the employee receives compensation for working the additional hours, for example, by way of overtime payments, penalty rates or their level of remuneration; the notice given by the employer of the request or requirement to work the additional hours; the usual patterns of work in the industry, or the part of an industry, in which the employee works; and the nature of the employee's role and the employee's level of responsibility.

Joanne Knoth. Gemma Little. How director Jane Campion wowed the critics with her first film in a decade. Today's Stories. Subscribe Get The New Daily free every morning and evening. There was an error submitting the form. Please try again. First Name this. Last Name this. Email Address this. Gender Female Male Other Required. These days I do so as an industrial agent and at rates and fees which are a fraction of those of my legal colleagues.

You can read how and why I can do this in the About tab above, where there are several paragraphs about my career and which explain in a nutshell who I am, what I do and why I do it. The Small Business Fair Dismissal Code provides that it is a complete jurisdictional defence to an unfair dismissal claim if […]. The general protections in the Fair Work Act contain a prohibition upon an employer taking adverse action, which includes a […].

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