Overtime and Break Laws in Australia (2026)
Fair Work Act 2009 (National Employment Standards) and Modern Awards · Reviewed 2026-10 · Private-sector employees
Overtime
The NES sets a 38-hour ordinary week but no overtime rate. The overtime rate comes from the Modern Award; rows show the General Retail Industry Award 2020 pattern (1.5x for the first 3 overtime hours, 2x after).
Breaks and lunch
The NES has no break rule; breaks come from the Modern Award. Rows show the General Retail Award: paid 10-minute rest breaks and unpaid 30 to 60 minute meal breaks by shift length.
Overtime in Australia
- 1.5x pay for hours past 9 in a day.
- 2x pay for hours past 12 in a day.
- 1.5x pay for hours past 38 in a week.
- The NES only caps ordinary hours at 38 a week plus reasonable additional hours. Overtime pay, penalty rates and breaks come from the Modern Award or enterprise agreement that covers the employee.
- General Retail Award 2020: full-time max 9 ordinary hours a day, with one day a week up to 11 hours. Overtime is calculated daily: Mon to Sat 150% for the first 3 hours then 200%; Sunday 200%; public holiday 250%. Casuals 175%/225%/225%/275% (loading included).
- Rows are a simplification of the Retail pattern: on the one rostered 11-hour day, overtime starts after 11 hours, not 9. Part-timers get overtime past their agreed guaranteed hours.
- Hospitality Award 2020: overtime past 38 hours a week, the daily limits or rostered hours. Mon to Fri 150% for the first 2 hours then 200%; midnight Friday to midnight Sunday 200%; rostered day off 200%.
- Time off instead of overtime pay is allowed by written agreement under both awards, at the overtime rate equivalent (Retail).
- No state entries: national-system employers follow the same NES and awards in every state. In Western Australia, sole traders, partnerships and some trusts are outside the national system and follow the WA state system instead.
Averaging over a pay period: Allowed where the award permits (Retail full-timers average 38 hours over the agreed roster).
What two weeks of work come to
Worked out by the rule above (1.5x after 38h in a week, 1.5x after 9h in a day, 2x after 12h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) | At 2x |
|---|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 76 | 4 | 0 |
| 5 days of 10 hours, two weeks (100h) | 76 | 24 | 0 |
| 6 days of 9 hours, two weeks (108h) | 76 | 32 | 0 |
| 50 hours, then 30 hours (80h) | 68 | 12 | 0 |
Breaks and lunch in Australia
- Rest break: 1 × 10 minutes, paid, for shifts of 4 hours or more.
- Rest break: 2 × 10 minutes, paid, for shifts of 7 hours or more.
- Meal break: 1 × 30 minutes, unpaid, for shifts of 5 hours or more.
- Meal break: 2 × 30 minutes, unpaid, for shifts of 10 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | 1 × 10 min, paid | None |
| 6 hours | 1 × 10 min, paid | 1 × 30 min, unpaid |
| 8 hours | 2 × 10 min, paid | 1 × 30 min, unpaid |
| 10 hours | 2 × 10 min, paid | 2 × 30 min, unpaid |
| 12 hours | 2 × 10 min, paid | 2 × 30 min, unpaid |
- Retail Award Table 3: 4 to 5 hours, one paid 10-minute rest; over 5 and under 7 hours, one 10-minute rest plus one 30 to 60 minute unpaid meal; 7 to under 10 hours, two rests plus one meal; 10+ hours, two rests plus two meals.
- Retail: no one may be made to work more than 5 hours without a meal break. Shiftworkers' rest and meal breaks are paid.
- Hospitality Award: over 6 hours gets an unpaid meal break of at least 30 minutes; over 8 hours adds a paid 20-minute rest; over 10 hours, two paid 20-minute rests. Shifts over 5 and up to 6 hours can elect an unpaid 30-minute meal in writing.
- Retail: if work starts again without a 12-hour break, 200% is paid until the break is taken.
Pay by Australia rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Australia: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Australia?
The NES sets a 38-hour ordinary week but no overtime rate. The overtime rate comes from the Modern Award; rows show the General Retail Industry Award 2020 pattern (1.5x for the first 3 overtime hours, 2x after).
Can overtime be averaged over two weeks or a pay period in Australia?
Allowed where the award permits (Retail full-timers average 38 hours over the agreed roster).
What breaks are required in Australia?
The NES has no break rule; breaks come from the Modern Award. Rows show the General Retail Award: paid 10-minute rest breaks and unpaid 30 to 60 minute meal breaks by shift length.