s62: s 62 (and ss 63 and 64) Maximum weekly hours and reasonable additional hours
An employer does not request or require an employee to work more than 38 hours a week (or, for a part-time employee, the lesser of 38 and the employee's ordinary hours) unless the additional hours are reasonable, and the employee may refuse unreasonable additional hours. Reasonableness weighs WHS risk, personal and family circumstances, the needs of the workplace, whether overtime, penalties or remuneration compensate, the notice given by each side, industry patterns, the role and responsibility, averaging terms, and any other relevant matter. Authorised leave counts as hours worked. Averaging over a period is allowed under an award or agreement term, or for award/agreement free employees by written agreement over no more than 26 weeks (ss 63, 64).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s62. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Timekeeping records showing weekly hours per employee against 38 or their ordinary hours; Overtime approval records recording notice given and the reasonableness factors considered; Written averaging agreements for award/agreement free employees (26 weeks maximum); Records of employee refusals of additional hours and the outcome
What usually goes missing
Salaried staff routinely working excessive hours with no reasonableness assessment; Employees disciplined for refusing unreasonable overtime; Averaging arrangements not in writing
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.