Overtime Pay in NSW: Rates, Rules & Your Rights (2026)

Overtime pay in NSW follows the same federal framework as the rest of Australia — set by the Fair Work Act 2009 and modern awards — but the state has its own public holiday calendar that directly affects what you are owed when you work on those days. This guide covers how overtime is calculated in NSW, the weekend and public holiday rates that apply under common awards, and how the NSW public holiday calendar interacts with your pay entitlements.

Quick answer: Under most federal modern awards, overtime in NSW is paid at 150% for the first 2 hours on weekdays and Saturday, 200% after that, 200% for all Sunday overtime, and 250% for public holiday work. NSW-specific public holidays include the Bank Holiday (August, banking sector only) and Labour Day (first Monday in October).

Use the Dolaro Overtime Pay Calculator to calculate your exact gross pay including overtime at any multiplier.

How Overtime Works in NSW

Most workers in NSW are covered by federal modern awards administered by the Fair Work Commission — not separate NSW state awards. This means the overtime rules that apply to the vast majority of NSW employees are the same national rules that apply in Queensland, Victoria, and every other state.

The key points:

Ordinary hours for a full-time employee are 38 hours per week under the Fair Work Act. Hours beyond this threshold in a week, or beyond the daily maximum specified in your award, are overtime.
Award-specific rules matter. Each of the 121 modern awards has its own overtime clause specifying when overtime kicks in, what rate applies, and whether it is calculated daily or weekly. Your award — not a generic NSW rule — determines your entitlements.
Enterprise agreements and contracts may provide better conditions than the award minimum. They cannot provide less.
Some NSW employees are still covered by NSW state awards — typically in the public sector, local government, and a small number of other industries covered by the NSW Industrial Relations Commission. These employees have separate, award-specific overtime rules administered under the NSW Industrial Relations Act 1996.

If you are unsure which award applies to you, use the Fair Work Ombudsman's Find My Award tool.

Standard Overtime Rates in NSW (Federal Awards)

Under most federal modern awards, overtime is paid at these rates. Always verify against your specific award — rates vary.

When overtime is worked	Rate	What you earn on $35/hr base
Monday–Saturday, first 2 hours of overtime	150% (time and a half)	$52.50/hr
Monday–Saturday, after 2 hours of overtime	200% (double time)	$70.00/hr
All overtime on Sunday	200% (double time)	$70.00/hr
All overtime on a public holiday	250% (double time and a half)	$87.50/hr

Important: These are the typical rates under common awards such as the Clerks Private Sector Award, the Building and Construction Award, and the General Retail Industry Award. Some awards have different structures — for example, the Hospitality Award has its own penalty rate table, and the Nurses Award has specific weekend loading rules. Always check your award at fairwork.gov.au.

Saturday Overtime Rates in NSW

Saturday overtime is one of the most commonly searched questions for NSW workers, and one of the most frequently misunderstood.

Saturday is not automatically a penalty rate day under federal awards. Whether Saturday work attracts a penalty rate, and what that rate is, depends entirely on your award and whether the Saturday hours are ordinary hours or overtime hours under your specific arrangement.

Under the most common structure across federal awards:

If your ordinary hours do not include Saturday, working on Saturday is overtime — paid at 150% for the first 2 hours and 200% after that.
If your award includes Saturday within the ordinary spread of hours (common in retail, hospitality, and healthcare), Saturday hours within that spread are ordinary hours. Overtime only begins when you exceed the daily or weekly limit.
Some awards (including the General Retail Industry Award) apply a specific Saturday penalty rate to all Saturday hours, regardless of whether they are ordinary or overtime hours — this is separate from the overtime structure.

Practical guide for common NSW industries:

Industry / Award	Saturday ordinary rate	Saturday overtime rate
Retail (General Retail Industry Award)	125% for first 3 hours, 150% after	150% first 2 hrs, 200% after
Hospitality (Hospitality Industry Award)	Included in span of hours; penalty varies by time	150% first 2 hrs, 200% after
Clerical / admin (Clerks Private Sector Award)	Saturday is outside ordinary hours → overtime	150% first 2 hrs, 200% after
Construction (Building and Construction Award)	Saturday is overtime	150% first 2 hrs, 200% after
Healthcare / nursing	Specific rates apply — check Nurses Award MA000034	150–200% depending on hours

Sunday Overtime Rates in NSW

Under most federal modern awards, all hours worked on Sunday that constitute overtime are paid at 200% (double time). There is no step-up structure for Sunday — the double-time rate applies from the first minute.

For industries where Sunday falls within the ordinary spread of hours, the specific Sunday penalty rate in the award applies to ordinary Sunday hours. Overtime hours on Sunday are then calculated on top.

Key Sunday rules to know:

If you are working Sunday overtime that started on Saturday night (e.g., a shift from 10pm Saturday to 6am Sunday), the Sunday rate applies from midnight — your rate does not stay at Saturday overtime rates after midnight.
There is an exception where an employer and employee can agree to keep the 200% rate for the entire continuous shift, rather than resetting at midnight. This must be agreed in writing or under the award clause.
Casual employees working Sunday usually receive the Sunday penalty rate built into their casual hourly rate (base rate + 25% casual loading + Sunday loading).

Public Holiday Pay in NSW

This is where NSW differs meaningfully from other states. Your overtime rate on public holidays is 250% under most awards — but which days are public holidays is determined by the NSW public holiday calendar.

NSW Public Holidays 2026

Date	Public Holiday
1 January	New Year's Day
26 January	Australia Day
3 April	Good Friday
4 April	Easter Saturday
5 April	Easter Sunday
6 April	Easter Monday
25 April	Anzac Day (falls Saturday — substitute Monday 27 April)
8 June	King's Birthday
5 October	Labour Day
25 December	Christmas Day
28 December	Boxing Day (substitute, as 26 Dec falls Saturday)

Source: NSW Government / Fair Work Ombudsman. Always verify current dates as substitution rules apply when public holidays fall on weekends.

NSW-specific notes:

Labour Day in NSW falls on the first Monday in October — different from Queensland (May) and Victoria (March). If you work across states or your roster spans the October long weekend, this matters for payroll.
Bank Holiday (first Monday in August) applies only to certain banking and financial services workers in NSW under the Retail Trading Act 2008. It is not a general public holiday and most employees have no entitlement to it.
Easter Saturday is a public holiday in NSW. Not all states observe Easter Saturday as a public holiday — this is an important distinction for workers whose awards tie public holiday pay to gazetted dates.
Anzac Day 2026 falls on a Saturday. NSW provides a substitute public holiday on the following Monday (27 April 2026). Workers who would ordinarily work Monday receive the public holiday; those rostered Saturday still attract Saturday penalty rates under their award (not necessarily the 250% public holiday rate, depending on award treatment of weekend public holidays).

What You Are Paid for Public Holiday Work in NSW

If your award requires you to work on a NSW public holiday:

Permanent employees who do not work: entitled to their ordinary pay for the day (a paid day off).
Permanent employees who do work: entitled to the public holiday penalty rate under their award — typically 250% — for all hours worked.
Casual employees who do not work: no entitlement (casuals are not paid for days not worked).
Casual employees who do work: entitled to the public holiday penalty rate under their award, plus their casual loading (so typically 225–250%+ depending on award).

Is Overtime Calculated Daily or Weekly in NSW?

This is a common question and the answer depends entirely on your award — there is no single NSW rule.

Under most federal awards, overtime is calculated weekly — you accumulate ordinary hours over the week and overtime kicks in beyond 38 hours (or the weekly maximum in your award).

Some awards calculate overtime daily — you reach the daily maximum (often 8 or 10 hours) and any additional hours that day are overtime, regardless of your weekly total.

Some awards use both — daily and weekly overtime triggers, with whichever is reached first applying.

Examples:

Clerks Private Sector Award: Overtime is hours worked beyond 38 per week, or beyond the span of ordinary hours on any given day.
Building and Construction Award: Daily overtime applies — hours beyond 10 in a day are overtime, even if the weekly total is under 38.
Retail Award: Overtime is weekly — beyond 38 ordinary hours in the week.

To find out which applies to you, look at the "Hours of Work" and "Overtime" clauses in your specific award on the Fair Work Ombudsman's website.

Do Casual Employees Get Overtime in NSW?

Yes — casual employees in NSW can be entitled to overtime under their award, but the structure differs from permanent employees.

Casual employees receive the 25% casual loading on top of the base rate for ordinary hours. When overtime applies, the calculation is typically the base rate (without casual loading) multiplied by the overtime rate — not the casual rate multiplied by the overtime rate. However, this varies by award, and some awards specify that the overtime rate applies to the casual rate inclusive of loading.

Always check the specific overtime clause in your award for casuals. The Fair Work Ombudsman's Pay and Conditions Tool (PACT) calculates the correct rate automatically when you select casual employment type.

TOIL (Time Off in Lieu) in NSW

An employer and employee can agree to substitute time off in lieu (TOIL) for overtime payment — meaning instead of receiving overtime pay, you receive equivalent time off. Under most federal awards, TOIL must be:

Agreed in writing before the overtime is worked (not retrospectively agreed after the hours are done)
Taken at the overtime rate — if you worked 2 hours of overtime at 150%, you receive 3 hours of TOIL (2 × 1.5), not 2 hours
Taken within a reasonable period — most awards specify TOIL must be taken within a set number of weeks or months; unused TOIL is typically paid out at the overtime rate if not taken in time

Not all awards permit TOIL — some require cash payment for overtime regardless of any agreement. Check your award's overtime clause.

Overtime and Superannuation in NSW

Superannuation is generally not paid on overtime. The Superannuation Guarantee (SG) is calculated on Ordinary Time Earnings (OTE), which specifically excludes overtime payments under ATO rules.

This means: if you earn $50,000 in ordinary wages and $5,000 in overtime during the year, your employer's 12% super obligation is calculated on $50,000 — not $55,000. Your employer pays $6,000 in super, not $6,600.

There are exceptions. If your employment contract or enterprise agreement explicitly states that super is payable on overtime, that obligation overrides the default. Some awards also treat certain overtime-like loadings as OTE. When in doubt, check your payslip or ask your employer.

For more detail, see our full guide: Is Super Paid on Overtime in Australia?

NSW State System Employees

A small but significant group of workers in NSW are covered by the NSW state industrial relations system rather than the federal Fair Work system. These employees are governed by the NSW Industrial Relations Act 1996 and their overtime rules come from NSW state awards, not federal modern awards.

NSW state system employees typically include:

NSW public servants (state government departments and agencies)
Local government workers (covered by the Local Government Award 2023 under NSW IR)
Some other NSW-based employers who remained in the state system

For these employees, overtime rules are specific to their state award. For example:

Under the NSW Local Government Award 2023, overtime on Saturday is paid at time and a half for the first two hours and double time thereafter; Sunday overtime is all at double time; and public holiday work is at double time and a half inclusive of ordinary payment.
The award specifies 35 or 38 ordinary hours per week depending on classification.

If you are a NSW public sector or local government employee, contact NSW Industrial Relations (13 16 28) or your union to confirm which instrument governs your overtime entitlements.

How to Calculate Your Overtime Pay in NSW

Step 1: Find your base hourly rate. If you are salaried, divide your annual salary by 52 weeks ÷ 38 ordinary hours to get the hourly rate.

Step 2: Identify your award or agreement and check which overtime rates apply for the day you worked.

Step 3: Multiply your base hourly rate by the applicable multiplier for each block of overtime hours.

Worked example — Monday overtime in NSW:

Base hourly rate: $32.00/hr
Overtime worked: 4 hours on a Monday evening (after 38 hours for the week)
Award: Clerks Private Sector Award (typical rate structure)

First 2 hours: $32.00 × 1.5 = $48.00/hr × 2 = $96.00
Next 2 hours: $32.00 × 2.0 = $64.00/hr × 2 = $128.00
Total overtime pay: $224.00

Worked example — Saturday in NSW:

Base hourly rate: $32.00/hr
Overtime worked: 3 hours on Saturday (outside ordinary span of hours)
Award: Clerks Private Sector Award

First 2 hours: $32.00 × 1.5 = $48.00/hr × 2 = $96.00
Third hour: $32.00 × 2.0 = $64.00/hr × 1 = $64.00
Total Saturday overtime pay: $160.00

Use the Overtime Pay Calculator to run these calculations instantly for any rate and hours combination.

Frequently Asked Questions

What is the overtime rate in NSW on Saturday?

Under most federal modern awards that apply in NSW, Saturday overtime is paid at 150% (time and a half) for the first 2 hours and 200% (double time) after that. However, this applies when Saturday hours are outside your ordinary span of hours. Some awards — including the General Retail Industry Award — have a specific Saturday penalty rate that applies to all Saturday hours rather than a standard overtime structure. Check your specific award.

What is the Sunday overtime rate in NSW?

Under most federal modern awards, all Sunday overtime is paid at 200% (double time) from the first hour. There is no step-up structure for Sunday — the double-time rate applies throughout. For workers in industries where Sunday falls within the ordinary spread of hours, the Sunday penalty rate in their specific award applies to ordinary Sunday hours; overtime on Sunday is then calculated on top.

What are the public holiday pay rates in NSW?

Public holiday work under most federal modern awards is paid at 250% (double time and a half). NSW-specific public holidays include Easter Saturday, the Bank Holiday (banking sector only), King's Birthday in June, and Labour Day on the first Monday in October. Permanent employees who are rostered off on a public holiday receive their ordinary pay for that day without it counting as annual leave.

When does overtime start in NSW?

Under most federal modern awards, overtime begins after 38 ordinary hours in a week for full-time employees, or after the daily maximum specified in the award (commonly 8–10 hours). Some awards use a daily trigger, some a weekly trigger, and some both. Check the Hours of Work and Overtime clauses in your specific award on the Fair Work Ombudsman website.

Is NSW Labour Day different from other states?

Yes. NSW Labour Day falls on the first Monday in October. This is different from Queensland (first Monday in May), Victoria (second Monday in March), and Western Australia (first Monday in March). Employers with employees in multiple states need to manage payroll carefully around Labour Day, as the date — and therefore the public holiday pay obligation — varies by state.

Do casuals get overtime in NSW?

Yes, casual employees in NSW can be entitled to overtime under their award. The overtime rate is typically applied to the base rate (before casual loading) and the casual loading is added separately, though this varies by award. Check your specific award's overtime provisions for casuals. The Fair Work Ombudsman's Pay and Conditions Tool (PACT) calculates casual overtime correctly when you select the casual employment type.

Is super paid on overtime in NSW?

Generally no. The Superannuation Guarantee is calculated on Ordinary Time Earnings (OTE), which excludes overtime pay under ATO rules. Your employer's 12% SG obligation applies to your ordinary wage only, not to overtime amounts. Exceptions exist where contracts or agreements explicitly include overtime in the super calculation — check your employment contract or enterprise agreement.

What is TOIL and how does it work in NSW?

Time off in lieu (TOIL) is an alternative to cash overtime payment where you receive equivalent time off instead. Under most federal awards, TOIL must be agreed in writing before the overtime is worked, must be taken at the overtime rate (so 2 hours at 1.5× = 3 hours TOIL), and must be taken within a specified period. Not all awards permit TOIL — some require cash payment regardless of any agreement. Check your award's overtime clause for the rules that apply to your situation.

This article is general information only and does not constitute legal or financial advice. Overtime entitlements depend on your specific award, enterprise agreement, or employment contract. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified workplace relations adviser before making decisions based on this guide.