• Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us now  07 4688 2188

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Clifford Gouldson Lawyers

  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search

Mobile Menu

  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals

When Reasonable Hours of Work Don’t Make the Cut

You are here: Home / Location / Toowoomba / When Reasonable Hours of Work Don’t Make the Cut

The recent Federal Court decision in Australasian Meat Industry Employees Union v Dick Stone Pty Ltd[1] concluded that it was unreasonable to require a worker to work 50 hours per week in his employment at a meat wholesaler.
 
The worker, from Ghana, was employed in 2016 having arrived in Australia only 3 weeks earlier. He was unfamiliar with Australian Law or employee rights and was provided with an ‘employment form’ and ‘employment commencement pack’ as his ‘Employment Contract’. The Employment Contract described the employee’s ‘ordinary hours’ as 50 hours per week, failed to reference the employee’s entitlement to overtime, and didn’t mention the relevant Award.
 
Employees are only required to work 38 ordinary hours per week, and any additional hours per week must be reasonable.
 
Unreasonable Hours

The employee started his shifts at 2 am in an artificially chilled environment, he was often tired and exhausted, working with knives and machinery. He had suffered four injuries over three years of employment. He did not complain about working 50 hours a week before the Australasian Meat Industry Employees Union became involved and the Union noted that the employee was not given a copy of the Fair Work Statement before starting. He also had ‘no idea’ of his Award entitlements as found by Justice Katzmann.
 
Justice Katzmann considered several deficiencies in the Employment Contract including the lack of clarity regarding remuneration. 

Dick Stone was found to have breached the Fair Work Act 2009 (Cth) and sections of the Meat Industry Award 2010, for unreasonably requiring its employee to work in excess of 38 hours a week. 

On 28 October 2022, Justice Katzmann ruled it was unreasonable to require the employee to perform an extra 12 hours per week. J Katzmann ordered that penalties totaling $83,000 for contravention of various provisions of the Fair Work Act be paid by the employer.


It is important for Employers to: 
 

  • know which Award applies to their business and industry;
  • know the correct rate of pay to pay staff for ordinary hours of work, and overtime;
  • establish what additional hours are reasonable for your employees, having regard to various matters such as health and safety, and the employee’s responsibilities;
  • include routine regular risk assessments of the hours worked by the employees;
  • ensure that your employees are given a copy of the Fair Work Statement upon their commencement; and
  • finally, ensure the terms of your employment contract do not conflict with or are inconsistent with the terms of any applicable award or national employment standards.

As an Employer, it is best to consider the reasonable nature of additional hours as per the Fair Work Act. 

Our Workplace Team can assist if you need advice regarding understanding your industry Award and employment contracts for your business. Please don’t hesitate to contact the Workplace Law Team at Clifford Gouldson Lawyers. 

————————————————————
[1] Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263


This article was written by Danny Clifford, Director. For further information please contact Danny Clifford, Director.

Previous Post: « Electronic Conveyancing Mandatory from 20 February
Next Post: More pay to hardworking professionals »

Primary Sidebar

We can help

Danny Clifford

Director

Angela Pratt

Special Counsel

Monique Chow

Lawyer

Melanie Sharpe

Lawyer

Michelle Price

Paralegal & Legal Secretary

Related Alerts

April 7, 2025
Breaking Free: Non-compete clauses may be banned for nearly 3 million Aussies

In the recently announced 2025 Federal Budget, the Albanese Government has stated that if...

January 15, 2025
New Criminal Penalty for Wage Theft: What Employers Need to Know

As of 1 January 2025, intentional wage theft—intentionally failing to pay employees their full...

August 21, 2024
Are You Ready? Fair Work Act amendments start 26 August

The second part of the Federal Government’s “Closing Loopholes” reforms passed Parliament on 12...

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
mail@cglaw.com.au
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA (Head Office)
259 Ruthven Street,
Toowoomba Q 4350

PO Box 8208,
Toowoomba South Q 4350

Toowoomba Office

BRISBANE
Level 5, 231 George Street,
Brisbane Q 4000

PO Box 12802 George Street,
Brisbane Q 4003

Brisbane Office

 

SUNSHINE COAST
Regatta Corporate Building, Office 3,
Ground Floor, Innovation Parkway,
Birtinya Q 4575

Locked Bag 5010
Caloundra DC Q 4551

Sunshine Coast Office

Practice Areas

  • Property + Business Transactions
  • Workplace
  • Litigation + Dispute Resolution
  • Intellectual Property + Technology
  • Wills, Estates, Planning + Structuring
  • Business + Corporate Advisory
  • Construction
  • Privacy & Disclaimer
  • Terms of Use

Site Footer

CG Law (Trading) Pty Ltd ACN 143 426 028 t/a Clifford Gouldson Lawyers ABN 89 143 426 028 Liability limited by a scheme approved under professional standards legislation.

The contents of this website are provided solely for general information purposes and do not constitute legal or other professional advice. Clifford Gouldson Lawyers expressly disclaims any liability arising from the use or reliance on the information provided. If you require legal or other expert advice or assistance, then you should seek our help or the services of a qualified professional.

Copyright © 2025 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher