The standard working hours for full time employees in the WA state industrial relations system is 38 hours per week.
- Employers and employees covered by a WA award should check the relevant WA award summary or consult the award on the WA Industrial Relations Commission website for working hours arrangements
- Employers and employees covered by an industrial agreement should consult the relevant agreement for working hours arrangements.
If a meeting or training course is required as part of the employee's job, it is considered to be work time and must be paid in the normal way.
Working hours for award free employees
A 38 hour week is the normal hours for a full time employee who is award free. There is no minimum number of hours for award free part time or casual employees.
There is a maximum number of hours of 38 per week plus reasonable additional hours for all employees – see the Reasonable hours of work section below.
There is not a minimum entitlement for award free employees to be paid a higher hourly rate when working:
- hours in excess of 38 hours per week; or
- hours outside normal business hours, such as at night or on weekends and public holidays.
Reasonable hours of work
The reasonable hours of work provisions in the Minimum Conditions of Employment Act 1993 apply to all employees in the state industrial relations system.
Employees can only be required to work 38 hours per week (or any other standard working week set by a WA award) plus reasonable additional hours.
In determining whether additional hours are reasonable, all relevant factors are to be taken into account, including:
- will there be any risk to the employee’s health or safety?
- what are the employee’s personal circumstances, including family responsibilities?
- what is the nature of the business and work done?
- has the employer provided the employee with notice about working additional hours?
- has the employee provided the employer with notice about their intention to refuse to work the additional hours?
- are the additional hours on a public holiday?
- how many hours has the employee worked over the previous four weeks?
Reductions in working hours
As a general principle, a full time or part time employee is not required to accept a reduction in working hours. If an employee refuses to accept an employer’s decision to reduce their working hours, the employee may be able to argue that the employer has effectively terminated the contract of employment. The employer would then be required to provide the required notice period or payment in lieu of notice and may be required to pay redundancy pay.
There may be provisions in a WA award, industrial agreement or contract of employment which address the circumstances in which an employer may change a full time or part time employee’s working hours without the employee’s agreement.
