The information on this page applies only to employers and employees in the WA state industrial relations system. The state system covers businesses which operate as sole traders, unincorporated partnerships, unincorporated trust arrangements as well as any incorporated associations or not for profit bodies that are not trading or financial corporations. The Guide to who is in the WA state system has more detail.
This information does not apply to any business which operates as a Pty Ltd business and is a trading or financial corporation nor to any incorporated association or not for profit body that is a trading or financial corporation. These businesses and organisations are in the national fair work system and should visit the Fair Work Ombudsman website for information on employment laws.
Most WA awards regulate the number of hours employees can work and when these hours can be worked. A 38 hour week is the normal hours for a full time employee under the majority of WA awards. A part time or casual employee can work less hours per week, and many WA awards establish minimum and/or maximum numbers of hours for part time and casual employees.
A 38 hour week is the normal hours for a full time employee who is award free. Award free part time or casual employees can work less hours per week as agreed with the employer. There is no minimum number of hours for award free part time or casual employees but there is a maximum number of hours of 38 per week.
Most WA awards establish a span of hours during which an employee must work their 38 hours per week (or appropriate part time or casual hours). There is no defined span of hours for award free employees, and no minimum entitlement to a higher rate of pay for overtime, shift work or weekends for award free employees.
Overtime rates of pay may apply to employees covered by WA awards for any hours worked in excess of 38 hours per week or any hours worked outside the span of hours set by the WA award. There is no minimum entitlement for award free employees to a higher rate of pay for hours worked in excess of 38 hours per week.
For example, the Hairdressers Award establishes the span of hours as 8:00am and 6:00pm Monday to Friday, 8:00am to 5:00pm on Saturdays and between 6:00pm and 9:00pm for the purpose of late night trading. Any hours worked outside this span of hours (such as working from 5:00pm to 7:00pm on a Saturday) would be considered overtime under this WA award and applicable overtime rates must be paid.
Many WA awards require penalty rates to be paid for specified working days or times. Penalty rates are higher rates of pay that apply when an employee works hours that are inside the span of hours set by the relevant WA award but have a penalty rate applied to them, such as on Sundays or public holidays.
For example, the Shop and Warehouse (Wholesale and Retail Establishments) Award requires payment of a penalty rate of double time and a half when an employee works on a public holiday.
There is no minimum entitlement to any penalty rates for award free employees.
If you know your WA award – please check the WA award summaries for information on hours of work.
If you don’t know which award applies to your business, contact Wageline.
There is a minimum condition of employment relating to reasonable hours of work that applies to employees on all WA awards and all award free employees.
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 (but not limited to) the following:
- 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?
Other issues may also be considered when determining if hours are reasonable.
Many WA awards require employers to establish and display working rosters in the workplace. If you know your WA award – please check the WA award summaries for information on rostering and working hours. If you don’t know which award applies, contact Wageline.
Employment laws restrict when and where children can work. The When children can work page provides details on working hours for children.
Keeping records of working hours
If employees are covered by a WA award, the employer is required to record daily start and finish times and meal breaks taken for each employee. If employees are award free, the employer must record total number of hours worked each week, if the employee earns less than $45,000 per annum.
All state system employers are legally required to keep employment records that detail time worked, leave taken and pay received by employees.
Learn more on the record keeping requirements page