Quick Summary
Quick Summary
- An employer can require an employee to work weekends only if the employment contract or applicable Modern Award permits it, and the additional hours are reasonable under the National Employment Standards.
- Under the NES, the maximum standard week is 38 hours plus reasonable additional hours — employers cannot unilaterally extend a Monday-to-Friday role to include weekends without agreement.
- Reasonableness depends on the employee’s personal circumstances, the nature of the role, the notice given, whether the role typically involves weekends, and any safety risks.
- Weekend work attracts penalty rates under most Modern Awards — typically 125% to 150% on Saturdays and 150% to 200% on Sundays.
- If an employee reasonably refuses to work additional weekend hours, the employer cannot discipline or dismiss them for that refusal.
An employer can require an employee to work weekends in Australia — but only if the employment contract permits it, the applicable Modern Award allows it, and the additional hours are reasonable under the National Employment Standards. If any of these conditions is not met, the employee can lawfully refuse. Forcing the issue can expose the employer to a general protections claim or an unfair dismissal claim.
What the Fair Work Act Says About Weekend Work
Section 62 of the Fair Work Act 2009 sets the NES standard for maximum weekly hours: 38 hours per week, plus reasonable additional hours. Whether weekend work falls within these 38 hours or is additional to them depends on the applicable Modern Award and the employment contract. The Act does not prohibit weekend work — but it requires that any hours beyond 38 are reasonable under section 62(2).
The Role of the Employment Contract
If the employment contract specifies the role as Monday to Friday with ordinary hours of 38 per week, the employer cannot unilaterally add weekend shifts without the employee’s agreement. If the contract states that weekend work is part of the role — common in hospitality, retail, and healthcare — the employer can roster weekend shifts as ordinary hours. Employers should ensure contracts clearly state the days and hours of work. See our employment contracts page or download free employment document templates.
⚠️ Unfair Dismissal Risk
If an employer disciplines, warns, or dismisses an employee for reasonably refusing weekend work, the employee may file a general protections claim under section 340 of the Fair Work Act 2009 or an unfair dismissal claim. The Fair Work Commission takes a dim view of employers who ignore the reasonableness test under section 62.
Key Takeaways
Key Takeaways for Employers
- ✓Check the employment contract first — it must state if weekend work is part of the role’s ordinary hours.
- ✓Review the applicable Modern Award for weekend penalty rate requirements and any restrictions on weekend work.
- ✓Ensure additional weekend hours are ‘reasonable’ under section 62 of the Fair Work Act 2009.
- ✓Pay the correct penalty rates for weekend work —Saturday and Sunday rates differ under most awards.
- ✓Never unilaterally change an employee’s working days without consultation and agreement.
- ✓Document any agreement to work weekends in writing to avoid disputes.
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Modern Awards and Weekend Penalty Rates
If a Modern Award covers the role, it will specify whether weekend work can be part of ordinary hours, the penalty rates that apply, any rostering restrictions, and minimum shift lengths. Typical penalty rates:
- Saturday: 125% to 150% of the base rate
- Sunday: 150% to 200% of the base rate (reduced for some awards)
For salaried employees, the annual salary must meet or exceed what the employee would earn under the award, including all weekend penalty rates. The Fair Work Ombudsman provides detailed guidance on maximum weekly hours.
The Reasonableness Test: Section 62(2)
Even when the contract and award allow weekend work, the hours must be reasonable. The Fair Work Commission considers:
- Health and safety risks — would additional hours create fatigue?
- Personal circumstances — does the employee have caring responsibilities?
- Business needs — is the weekend work genuinely necessary?
- Notice given — how much advance notice was the employee given?
- Usual pattern — does the employee typically work weekends?
- Compensation — does the employee receive overtime or penalty rates?
No single factor is decisive. An employer who ignores an employee’s documented personal circumstances and insists on weekend work may be found to have acted unreasonably.
What Happens If an Employee Refuses Weekend Work?
If an employee reasonably refuses additional weekend hours that are not part of their agreed ordinary hours, the employer cannot discipline or dismiss them. The Fair Work Commission has held that reasonable refusal of additional hours is a workplace right, and adverse action can give rise to a general protections claim under section 340.
If the employer dismisses the employee for refusing, the employee has 21 days to file at the Fair Work Commission. The maximum compensation for unfair dismissal is $95,050 (half the high income threshold of $190,100 from 1 July 2026).
For more on managing staff who refuse rostered hours, read our guide on how many hours a casual can work before becoming permanent or see our HR best practice resources. If you are dealing with a performance issue, our performance management page provides guidance.
Casual Employees and Weekend Work
Casual employees can be offered weekend shifts, but they are not required to accept any specific shift — that is a feature of casual employment. Employers must still pay the casual loading on top of any weekend penalty rates. See our article on the difference between casual and part-time employment.
Frequently Asked Questions
An employer can require an employee to work weekends only if the employment contract or applicable Modern Award permits weekend work, and the hours are reasonable under the National Employment Standards (section 62 of the Fair Work Act 2009). If the contract specifies a Monday-to-Friday role, the employer cannot unilaterally add weekend shifts without the employee’s agreement. The 38-hour standard week applies, and any additional weekend hours must be reasonable considering the employee’s circumstances, the notice given, and the nature of the role.
Under section 62(2) of the Fair Work Act 2009, the reasonableness of additional hours is assessed based on: any risk to employee health and safety, the employee’s personal circumstances (including family responsibilities), the needs of the business, whether the employee is entitled to overtime or penalty rates, the employee’s usual work pattern, the nature of the employee’s role and level of responsibility, and the amount of notice given. No single factor is decisive — all relevant factors are weighed in the context of the employment relationship.
Penalty rates for weekend work depend on the applicable Modern Award. Most awards specify Saturday rates of 125% to 150% of the base rate, and Sunday rates of 150% to 200% of the base rate. Some awards reduced Sunday penalty rates following Fair Work Commission decisions in 2017-2020, but most awards still require a loading for full-time and part-time employees. Employers must check the specific award that applies. If the employee is paid an annual salary that absorbs penalty rates, the employment contract must clearly state this and meet the award’s annualised wage provisions.
No. An employer cannot unilaterally change an employee’s working days from Monday-to-Friday to include weekends without the employee’s agreement. A material change to working days is a variation of the employment contract. If the employer forces the change, the employee can refuse. If the employer disciplines or dismisses the employee for refusing, the employee may file a general protections claim or an unfair dismissal claim at the Fair Work Commission. Employers should negotiate any change to working days in writing.
If an employee reasonably refuses to work weekend hours that are not part of their agreed ordinary hours, the employer cannot discipline, warn, or dismiss them for that refusal. The employer can only take action if weekend work is a contractual requirement, the hours are reasonable under the NES, and the employee’s refusal is unreasonable. If the employer does take action, the employee may file a general protections claim under section 340 of the Fair Work Act or an unfair dismissal claim if dismissed.
The 38-hour standard week under the National Employment Standards refers to ordinary hours. Whether weekend hours are counted as ordinary hours depends on the applicable Modern Award and the employment contract. Some awards define ordinary hours as Monday to Friday only, meaning weekend hours are additional hours paid at penalty rates. Other awards, particularly in hospitality, retail, and healthcare, include Saturdays or Sundays within ordinary hours at a loaded rate. Employers must check the award definitions.
A casual employee can be offered weekend shifts, but they are not required to accept any specific shift — that is a feature of casual employment. However, if the casual employee’s agreement or the rostering pattern consistently includes weekend work, repeatedly declining may affect future shift offers. Employers must still pay the applicable weekend penalty rates under the Modern Award, including for casual employees, which typically means the casual loading is applied on top of the weekend penalty rate.
An employer can require overtime on weekends only if the employment contract or Modern Award permits it and the overtime is reasonable. Ongoing weekend overtime should be discussed and agreed in advance. If an employee has family commitments or other personal circumstances that make weekend overtime unreasonable, the employer should consider alternatives. Forcing an employee to work weekend overtime that is unreasonable can expose the employer to a general protections claim.
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