Overtime for Part-Time Workers in Australia

Why Part-Time Overtime Can Be Different

For full-time employees, the overtime threshold is generally clear: overtime begins after 38 ordinary hours per week (or after the daily threshold under some awards). For part-time employees, the situation can be more complex — and the rules vary significantly between Modern Awards.

Part-time employees have agreed-on contracted hours that are less than the full-time ordinary hours. When a part-time employee works beyond their contracted hours, the question becomes: are those additional hours ordinary hours (paid at the base rate) or overtime (paid at a premium)? The answer depends on the specific Modern Award or enterprise agreement that applies.

Contracted Hours vs Ordinary Hours

A part-time employee's contracted hours are the guaranteed hours agreed to when the employment was established. These are the hours the employer is required to provide and the employee is required to work.

Ordinary hours under a Modern Award are the maximum hours that can be worked at the ordinary rate — generally up to 38 hours per week for full-time employees.

For a part-time employee, additional hours beyond their contracted hours may be:

• Ordinary hours up to the full-time threshold — paid at the base rate (or with applicable penalty rates for the time and day), but without an overtime multiplier. This is common in many awards, where the part-time contracted hours simply represent the guaranteed minimum, and extra hours up to 38 are ordinary hours.
• Overtime from the first extra hour — some awards treat any hours beyond the contracted hours as overtime and pay them at overtime rates immediately.
• Overtime beyond the full-time threshold — under awards where extra hours are ordinary up to 38 hours, overtime is only triggered once the 38-hour weekly threshold is exceeded.

Check your specific award to understand which of these applies.

Award-Specific Rules

The rules for part-time overtime are not uniform across Australian Modern Awards. Some common approaches include:

• Extra ordinary hours by agreement: Many awards allow part-time employees to work additional hours beyond their contracted hours, up to the full-time ordinary hours threshold, by agreement. These additional ordinary hours are paid at the ordinary rate (plus applicable penalty rates for the day and time), not at overtime rates. This is common in retail, hospitality, and healthcare awards.
• Written agreement required for extra hours: Some awards require that any additional hours beyond the contracted hours be agreed in writing in advance. Without a written agreement, the employer may not be entitled to require those hours, or the employee may be entitled to overtime rates for them.
• All extra hours as overtime: Some awards specify that any hours beyond the contracted part-time hours are overtime hours, attracting the relevant overtime multiplier from the first additional hour.

To find the specific rule for your award, access the Fair Work Award list and look for the part-time provisions in your award.

Written Agreements for Extra Hours

Many Modern Awards require that additional hours for part-time employees be agreed to in writing. This written agreement may need to specify:

• The number of extra hours to be worked
• The days and times of the extra hours
• Whether the additional hours are ongoing or for a specific period

Without a valid written agreement (where one is required by the award), the employer may be in breach of the award by requiring extra hours, or those hours may be treated as overtime rather than additional ordinary hours.

Employees should keep a copy of any written agreement about their hours. If hours are regularly required beyond the contracted hours without a written agreement, it may be worth raising this with the employer or the Fair Work Ombudsman.

Worked Examples

Example 1: Extra Hours as Ordinary Time

A part-time retail employee has contracted hours of 20 hours per week. The applicable award treats additional hours (up to 38 per week) as ordinary hours by agreement. The employee works 25 hours in a particular week, all on weekdays during ordinary spans of hours.

Example 2: Extra Hours Immediately as Overtime

A part-time employee in a different award has contracted hours of 20 hours per week. That award specifies that all hours beyond the contracted 20 hours are overtime. The employee works 25 hours in a week.

Example 3: Weekend Penalty Rate on Extra Hours

A part-time employee works their contracted 20 hours across weekdays, then works an additional 4-hour Saturday shift. The award treats extra hours as ordinary (up to 38/week), but Saturday attracts a 1.5× penalty rate.

Important Disclaimer

Part-time overtime is one of the more award-specific areas of Australian pay law. This guide provides general information about common approaches — your actual entitlements may be different.

For authoritative guidance on part-time overtime in your specific situation, use the Fair Work Pay and Conditions Tool, read your applicable Modern Award or enterprise agreement, or contact the Fair Work Ombudsman.

See also: Daily vs Weekly Overtime • Why Your Payslip May Not Match • How to Find Your Award