Fact Sheet
When overtime must be paid and what ‘reasonable’ means.
Survey data suggests architects average around 45 hours a week against a 38-hour standard, roughly seven hours of unpaid labour every week, time taken from us, our families, and our lives outside work.
Under the Architects Award 2020, overtime is any time worked beyond 38 hours per week (clause 17.1). It doesn’t matter whether the extra hours were “requested” or simply expected. If we stay late to finish documentation, attend a site meeting outside standard hours, or log on after dinner to respond to emails, that is overtime. The Award makes no distinction between overtime that was formally directed and overtime that was “voluntarily” performed to meet deadlines, if the employer knew or ought to have known the work was being done, it counts.
Overtime must be paid at the overtime rate for our classification level under clause 17 of the Architects Award. There is no provision in the Award for unpaid overtime. A salary above the Award minimum does not automatically “absorb” overtime: for an overtime set-off (absorption) clause to be valid, it must be explicitly stated in the employment contract, and total remuneration must be enough to cover all overtime worked at the applicable rate. If it is not, the employer is underpaying us. The Fair Work Act 2009 sets significant maximum penalties per contravention, with far higher maxima for “serious contraventions,” and since 1 January 2025 intentional underpayment of wages can also be a criminal offence (section 327A). Penalty amounts are indexed and change over time, so UAW can confirm the current maximum for your situation.
Section 62 of the Fair Work Act states that an employer must not request or require an employee to work more than 38 hours per week unless the additional hours are “reasonable.” What’s reasonable considers: any risk to health and safety; our personal circumstances including family responsibilities; the needs of the workplace; whether we are compensated for the overtime (including at overtime rates); any notice given; the usual patterns of work in the industry; our role, level of responsibility, and the nature of the work. “Everyone does it” is not a lawful justification. Nor is “the fee is tight.” If overtime hours are unreasonable, we have the right to refuse them.
Keeping accurate records of hours worked is the single most important thing we can do to protect ourselves. Employers are legally required to keep time records under section 535 of the Fair Work Act, but in practice many architectural firms do not. We recommend keeping a personal log, a simple spreadsheet or notes app recording start time, finish time, and breaks each day. Screenshot emails or messages sent outside standard hours. These records can be used in an underpayment claim and are accepted as evidence by the Fair Work Ombudsman and Fair Work Commission.
Start by documenting the hours. Calculate what is owed using the Award pay rates and the 150% overtime multiplier. The Fair Work Ombudsman has a free Pay and Conditions Tool (PACT) that can help with this calculation. If comfortable, raise the matter with the employer in writing, many underpayments are the result of ignorance rather than malice. If the issue is not resolved, or if raising it feels unsafe, contact us. We can provide confidential advice, connect workers with industrial officers, and assist with formal complaints to the Fair Work Ombudsman. Underpayment claims can recover up to six years of back-pay under the Fair Work Act.
Think your rights are being breached? Contact us.
