In a ruling handed down on 23/7/2002, the full bench declined to go as far as to impose a new onus on employers not to require employees to work unreasonable hours.

The new test case standard on working hours acknowledges the "well established right" of employers to require reasonable overtime, but gives employees a countervailing right to refuse to work overtime where it would result in unreasonable hours.

It sets out five criteria for assessing reasonableness which include:

.  OHS
.  Family responsibilities
.  The needs of the workplace
.  The notice given
.  Any other relevant matters

AUSTRALIANS WORKING LONGER HOURS

The full bench accepted that full time Australian workers are working longer hours than in other OECD countries.

The average hours in Australia had increased from 38.2 to 41.3 in the past decade, it said.
 RESPONSE FROM LABOR PARTY

Labor welcomes (the) Reasonable Hours decision.  Today's decision in the Reasonable Hours Case will help employees achieve a better balance between work and family life.

It will enable employees to stand their ground against unreasonable demands to work overtime that would be detrimental to their health and family responsibilities.

Good employers already know that excessive working hours are bad for productivity, employees' health and their family lives.

The only ones who don't get it are John Howard and Tony Abbott.

The Reasonable Hours Case was a chance for the Howard Government to play a constructive role in developing a new standard on excessive working hours and their impact on family life.  Instead, the Government denied working hours are a problem and opposed the case outright.

The Government told the Industrial Relations Commission "there is no demonstrated widespread problem of employees being required to work long or excessive hours".  Yet the Commission concluded that Australians work among the longest hours in the industrialized world.
(excerpt)

Robert McClelland  Shadow Minister Industrial Relations