Overtime pay refers to additional wages paid to employees who work beyond their standard ordinary hours of work, as defined by their Modern Award, Enterprise Agreement, or employment contract. In Australia, overtime is regulated under the Fair Work Act 2009 and the National Employment Standards (NES), ensuring workers are fairly compensated for extended work hours.
The most common overtime threshold is 38 hours per week for full-time employees. Hours worked beyond that threshold may attract additional pay rates, often calculated as time-and-a-half or double time.
Overtime may be applicable in several scenarios:
It’s important to understand that overtime entitlements vary depending on the employee's classification and the relevant industrial instrument. Some employees under enterprise agreements may have alternate arrangements like time off in lieu (TOIL) instead of overtime pay.
Overtime rates vary across industries but often follow these formats:
Under Australian law, employers must:
Employers who fail to pay overtime correctly risk penalties, back-pay orders, and reputational damage.
To calculate overtime pay:
Example:
An employee earning $30/hour works 4 hours of overtime.
Some employees and employers may agree to TOIL instead of receiving overtime pay. This means time worked beyond standard hours is compensated with equivalent paid time off at a later date.
Key considerations for TOIL:
Not all awards or agreements allow TOIL, and some specify that it must be taken at the same rate as the overtime penalty.
Overtime is especially prevalent in sectors with irregular or peak-demand work hours:
Microkeeper’s payroll software includes:
This reduces payroll errors, saves administrative time, and ensures compliance with workplace laws.
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Yes, if they exceed their standard agreed hours or work outside of the ordinary span (e.g. late nights or weekends).
It depends. Some salaried roles incorporate reasonable overtime into the package, but many awards still entitle salaried employees to overtime under certain conditions.
Employees can be asked to work overtime, but they can refuse if it’s deemed unreasonable.
Overtime pay ensures employees are fairly compensated for going above and beyond their standard duties. While it can be essential for business continuity, it must be used responsibly to avoid burnout, legal risk, and unnecessary costs.
With tools like Microkeeper, employers can easily manage overtime tracking, approval, and payment, supporting accurate payroll and a positive employee experience.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal or industrial relations advice. For specific entitlements, refer to the Fair Work Ombudsman or consult a legal professional.