Reasonable Hours Test Case - Fact Sheet
The ACTU Claim:

  • In May 2001, the ACTU and 12 unions lodged applications with the Australian Industrial Relations Commission for a test case to include reasonable hours of work as an Award condition for Australian employees. Preliminary hearings were held in June and July.
  • The case is scheduled to be heard in Melbourne from November 19 to 30, 2001, before a five member full bench of the Commission headed by AIRC President Justice Geoffrey Giudice. A decision is expected in 2002.
  • The case is the first hours case of such general significance since the 40 Hour Week case in 1947 before the Commonwealth Court of Conciliation and Arbitration.
  • The ACTU application proposes a flexible Reasonable Hours Clause for inclusion in 14 test case Awards operating across a wide range of industries. The effect of the clause can be tailored to suit the circumstances of individual businesses.
  • The application seeks to establish flexible guidelines on excessive hours and unhealthy rostering by considering employees' safety, workload and family responsibilities.
  • The proposed clause provides for additional days of annual leave for employees who work a large number of hours over an extended period.

Key Statistics:

  • Australia has the second longest working hours in the developed world - only South Koreans work longer average full-time hours, and in that country, unlike Australia, hours are decreasing.
  • 31% of full time employees, or 1.8 million Australians, work more than 48 hours per week. Most of them (905,000) are non managerial workers - and 71% of these are non-professionals.
  • 2.4 million Australians work more than 45 hours per week, 1.6 million work more than 50.
  • Australia has the fastest growing working hours in the OECD, with average weekly hours since 1982 increasing by 3.7 hours a week - equivalent to 550,000 full time jobs.
  • The increase in average hours is accelerating, jumping by 48 minutes between 1998 and 2000.
  • Australia has the developed world's highest rate of unpaid overtime, with 25% of full time employees not paid for an average 2.7 hours a week each - equivalent to 400,000 extra jobs.
  • Between 1981 and 2000, there was a 76% increase in the number of people working more than 45 hours each week, and a 94% jump in the number working 50 to 59 hours per week.
  • The overall cost of fatigue-related workplace incidents is estimated at $3 billion a year.
  • Excessive working hours are linked to increases in cardiac disease, infertility, high blood pressure, tobacco and alcohol consumption, mental illness and sleeping and eating disorders.
  • The European Union is limiting weekly working hours to 48 and France to 35.