No Overtime Paid for a 50-Hour Hospitality Week
Last updated: March 2026 · MA000009
You are almost certainly owed overtime. Under the Hospitality Award, every hour beyond 38 in a week triggers overtime at time-and-a-half, then double time. A 50-hour week contains 12 hours of overtime — and if your payslip shows no overtime, those 12 hours were paid at ordinary rates when they should have been paid significantly higher.
If you work 50 hours in a hospitality week and see no overtime on your payslip — this applies to you.
The rule
Under the Hospitality Award (MA000009):
- Ordinary hours: up to 38 per week
- Overtime — hours 39 and 40: 1.5× your ordinary rate
- Overtime — hours 41 onwards: 2× your ordinary rate
In a 50-hour week, that means 2 hours at time-and-a-half and 10 hours at double time.
What you should be paid (worked example)
Permanent Level 3 employee. 50-hour week.
- 38 hours at $0.00/hr = $0.00
- 2 hours at $0.00/hr = $0.00
- 10 hours at $0.00/hr = $0.00
- Total: $0.00
Compared to 50 hours at flat ordinary rate: $0.00. Underpayment on this single week: $0.00.
Over 52 weeks, if this pattern is consistent: ~$0.00/year in unpaid overtime.
If your payslip shows no overtime on weeks over 38 hours, Calculate your overtime shortfall →
What this costs you
A 50-hour week contains 12 hours of overtime — 2 at time-and-a-half, 10 at double time. At Level 3 permanent, that's approximately $350–$450 in overtime pay that should appear on your payslip. If this is a consistent pattern: ~$18,000–$23,000/year in missed overtime pay.
What to check on your payslip
- Does overtime appear as a separate line for weeks over 38 hours?
- Does the overtime rate change from 1.5× to 2× after the first 2 overtime hours?
- Is one flat rate applied for all hours regardless of how many were worked?
Frequently asked questions
My employer says 50-hour weeks are "expected in hospitality" — is that right?
Long hours are common in hospitality — but the award applies regardless. Expected hours don't change the legal obligation to pay overtime.
Can I claim back overtime from previous years?
Yes — up to 6 years under the Fair Work Act. If this has been happening consistently, the cumulative amount owed may be very significant.
What if I'm on a salary?
A salary only covers overtime if it demonstrably exceeds all award obligations for every week worked. If you regularly work 50-hour weeks on a salary designed for 38, it almost certainly doesn't cover it.
Don't guess — calculate what 50 hours should actually pay.
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General information only. Verify at fairwork.gov.au.