Many of us have been asked to work overtime from time to time, but some employees face this expectation more frequently than others. While working extra hours can be necessary during busy periods to support the team, it's important to recognize when such requests become unreasonable—and whether you have the right to say no.

A recent survey by Unions NSW revealed that the average Australian works an astonishing nine unpaid hours of overtime each week. This adds up to roughly 11 extra working weeks per year, highlighting a concerning trend in the work-life balance of Australians.

Reasonable overtime can be difficult to understand, as what defines reasonable isn’t well defined at all. Its definition varies based on several factors outlined in the Fair Work Act 2009 (Section 62) and is taken on a case-by-case basis. Some Key factors include;

• Personal Circumstances such as Family obligations
• Needs of the workplace
• Nature of employment responsibilities
• If employee has informed the company that they cannot work overtime
• Notice given in relation to overtime request
• If there posses any risk to employees health and safety
• Penalty rates and overtime compensation
• Employees level of responsibility
• Expectation of additional hours is laid out within award/enterprise agreement
• the usual patterns of work in the industry’
• any other relevant matter.

Not very clear cut is it?

It is important to remember that all workers have a right to contest their overtime and the burden of proof lies with the employer to establish that hours are indeed reasonable. An employee cannot be penalized for making inquiries or making complaints, as this is a protected action and a workplace right. If you feel pressured to work excessive overtime, it's essential to voice your concerns. Discussing your situation with colleagues and management may reveal that others share your feelings.

Tips for Addressing Overtime Disputes

1. Understand Your Agreement: Familiarize yourself with your award or enterprise agreement, as this can clarify your rights regarding overtime.
2. Engage with Your Union: Building a relationship with your union can strengthen your position when disputing overtime demands.
3. Seek Legal Advice: Consult organizations like the Young Workers Centre for legal support, advice and guidance.
4. Communicate Effectively: Share your circumstances with management clearly and collaboratively discuss why the overtime request may not be reasonable.

It’s essential to adopt a holistic approach when considering the number of hours you work each week. A poor work life balance can not only jeopardize your mental and physical health but also contribute to a negative workplace environment. Advocating for ones rights within the workplace is unbelievably important, and should be maintained at all costs.

If you believe you aren’t receiving the correct compensation or having any other work related issue, you can reach out to the Young Workers Centre for free and confidential legal advice for young workers under 30.