General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
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Working Extra Hours in the Office and Not Getting Overtime

Last updated: April 2026 · MA000002

Unpaid overtime is the single most common underpayment under the Clerks Award. It doesn't look dramatic — it's 20 minutes here, half an hour there. Staying back to finish a report. Starting early to set up the office. Answering emails at home. None of it gets recorded, none of it gets paid.

Under the Clerks Award, overtime is payable after 7.6 hours per day or 38 hours per week. First 3 hours at 1.5×, then 2×.

What this costs you

Scenario: Level 2 clerk, base rate ~$26.96/hr. Works 30 minutes extra each day, 5 days/week. None of it recorded as overtime.

Weekly overtime missed: 2.5 hours × $40.44/hr (1.5×) = $101.10/week

Annual cost: $5,257.20 in unpaid overtime

That's from just 30 minutes per day. Many clerks work 45–50 minutes extra without thinking twice about it.

What to check on your payslip

  • Is there a separate overtime rate line?
  • Does the total hours match your actual hours, including early starts and late finishes?
  • If you're salaried, has your employer provided a written calculation showing the salary covers overtime?

Frequently asked questions

Does working through my lunch break count as overtime?

If you're required to work through your unpaid meal break, that time counts as hours worked. If it pushes you beyond 7.6 hours in the day or 38 hours in the week, those extra hours are overtime and must be paid at penalty rates.

My employer says overtime must be pre-approved — can they refuse to pay it?

If you worked the hours and the employer knew about it or benefited from it, the hours must be paid regardless of whether they were formally approved. An employer cannot direct you to work overtime and then refuse to pay it because no one signed a form.

I'm a part-time clerk — when does my overtime start?

Part-time overtime under the Clerks Award starts when you exceed your agreed ordinary hours in a day or week, or when you work outside your agreed span of hours. You don't need to reach 38 hours before overtime kicks in — it's based on your contract, not full-time hours.

Track your actual start and finish times for a week. Then run the numbers.

Not sure if your Clerks Award pay is right?

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General information only — not legal advice. Verify at fairwork.gov.au.