Working 40+ Hours at a Restaurant and Not Getting Overtime
Last updated: March 2026 · MA000119
You're almost certainly owed overtime. Every hour beyond 38 in a week triggers overtime under the Restaurant Industry Award. If you're working 40+ hours and being paid flat rates for all of them, those extra hours should be at 1.5× or 2×.
No overtime line on your payslip when you're working over 38 hours? That's underpayment.
The rule
Under the Restaurant Industry Award (MA000119):
- Weekly overtime: triggered after 38 hours per week
- First 2 overtime hours: paid at 1.5× ordinary rate
- After 2 overtime hours: paid at 2× ordinary rate
- Daily overtime for permanent employees: triggered after 7.6 hours per day
What you should be paid
Full-time Level 3 working 45 hours/week
- Ordinary hourly rate: $26.70/hr
- First 2 overtime hours (1.5×): $40.05/hr
- Remaining 5 overtime hours (2×): $53.40/hr
- Overtime owed per week: $347.10
Over 50 weeks, that's $17,355.00 in unpaid overtime per year — from just 7 extra hours per week.
Rates based on the Fair Work Commission pay guide for MA000119, effective 1 July 2025.
What this costs you
Working just 2 extra hours per week without overtime pay costs a Level 3 permanent employee roughly $80.10 per week. Over a year, that's over $4,005.00. For workers regularly doing 45+ hour weeks, the annual gap runs into five figures. Every unpaid overtime hour is money owed to you.
What to check on your payslip
- Is there a separate overtime line item?
- Do your total hours exceed 38 per week?
- Are overtime hours paid at 1.5× or 2× your ordinary rate?
- Do any daily shifts exceed 7.6 hours (permanent)?
Frequently asked questions
Does weekly overtime apply to casual employees the same way?
For casuals, the weekly overtime threshold generally doesn't apply in the same way. However, daily overtime thresholds do apply — if you work beyond the maximum daily hours, overtime rates kick in regardless of your employment type.
My employer says the hours are reasonable so overtime doesn't apply — is that right?
No. Whether hours are "reasonable" is a separate question under the NES. The award overtime rates apply regardless — every hour beyond 38 in a week (or 7.6 in a day for permanent employees) must be paid at overtime rates. Reasonableness doesn't override the award.
How far back can I claim unpaid overtime?
You can claim up to 6 years of unpaid overtime under the Fair Work Act. If you've been working 40+ hours per week without overtime for years, the total recovery can be substantial.
Calculate exactly what your overtime hours should pay.
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General information only. Verify at fairwork.gov.au.