The Case

Dorsch v HEAD Oceania Pty Ltd (2024) 

An employee alleged his employer required him to work unreasonable additional hours (between 30 and 40 a week beyond 38 hours) without adequate compensation or consideration for his health and personal circumstances.

The Fair Work Act 2009 (Cth) (FW Act) provides that an employer must not request or require a full-time employee to work more than 38 hours per week unless the additional hours are reasonable. An employee is entitled to refuse to work additional hours if they are unreasonable.