Working Extra Hours Under the Architects Award and Not Getting Overtime
Rates effective 1 July 2025 · MA000079
If you are regularly working more than 38 hours per week under the Architects Award and your pay does not change, you are almost certainly not being paid overtime. At Level 1, the first 2 to 3 overtime hours should be paid at $49.26/hr (time and a half) and anything beyond that at $65.68/hr (double time). These are legal minimums, not discretionary bonuses.
The rule
Under the Architects Award, ordinary hours are capped at 38 per week. Hours worked beyond 38 per week (or beyond the daily threshold specified in the award) are overtime and must be paid at penalty rates. The first 2 to 3 hours of overtime are typically paid at time and a half (1.5× the ordinary rate), and any hours beyond that at double time (2.0× the ordinary rate). Some awards also trigger overtime for work outside a specified span of hours.
Worked example
Scenario: Full-time Level 1 employee under the Architects Award works 45 hours in a week. Their employer pays a flat rate for all hours.
Correct calculation:
38 ordinary hours × $32.84/hr = $1,247.92
First 3 overtime hours × $49.26/hr = $147.78
Next 4 overtime hours × $65.68/hr = $262.72
Total: $1,658.42
If paid flat rate for 45 hours: 45 × $32.84/hr = $1,477.80
Shortfall: $180.62 per week. Over a year, that is $8,669.76 in unpaid overtime.
What to check on your payslip
- Overtime hours are listed as a separate line item from ordinary hours
- The overtime rate is at least 1.5× your ordinary rate for the first 2–3 hours
- Hours beyond the initial overtime threshold are paid at 2.0× the ordinary rate
- Total hours on the payslip match the hours you actually worked
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Frequently asked questions
When does overtime start under the Architects Award?
Under most awards including the Architects Award, overtime generally starts after 38 ordinary hours per week or after the daily hour threshold specified in the award (often 7.6 or 8 hours per day). Any hours beyond these thresholds must be paid at overtime rates.
Can my employer make me work overtime without paying overtime rates?
No. If you work hours that qualify as overtime under the award, your employer must pay overtime rates. An employer can request reasonable overtime, but they cannot avoid paying the correct rate. Unpaid overtime is a breach of the Fair Work Act.
What if my employer says overtime is included in my salary?
Award-covered employees cannot have overtime "built in" to a flat rate unless there is a formal annualised salary arrangement that meets strict requirements — including a reconciliation to ensure you are not worse off. If no such arrangement exists, overtime must be paid separately at the correct rate.
Rates sourced from the Fair Work Commission pay guide for the Architects Award (MA000079), effective 1 July 2025. General information only — not legal advice. Verify at fairwork.gov.au.