Work doesn’t always happen from 9-5. Employers sometimes require employees to attend events outside of their usual hours. These events can include training sessions, conferences, staff meetings, or team-building functions. While these events may feel like “extra work,” if attendance is mandatory, they are part of an employee’s ordinary work. That raises the question: do these hours attract overtime? 

When does overtime apply? 

Under the Fair Work Act 2009 (Cth) and the relevant Modern Awards or Enterprise Bargaining Agreements, overtime will often become payable when an employee works: 

• Beyond their ordinary hours of work, or 
• Outside their span of hours (the spread of time in a day when ordinary hours can be worked), or 
• Above their weekly maximum ordinary hours. 

For full-time employees, ordinary hours are capped at 38 hours per week, plus their employment contract may include “reasonable additional hours”. The exact rules vary depending on which award or agreement applies. 

If a mandatory event is held outside those ordinary hours, for example, an evening staff meeting or a compulsory weekend conference, those hours can be treated as overtime. 

Mandatory or voluntary attendance? 

In order to determine whether attendance at out of hours events is payable, the key distinction employers need to consider is whether or not the employee has a choice in attending. 

• If attendance is voluntary, the time may not count as paid work. 
• If attendance is mandatory, the hours are work time. That means employees must be paid according to their entitlements, whether that’s at ordinary rates, overtime rates, or with time off in lieu if the applicable award or agreement allows it. 

Example scenarios 

• A café holds a compulsory after-hours meeting on a Wednesday night which all employees must attend. Under the Hospitality Industry General Award 2020, if that meeting is outside their ordinary rostered hours, the additional time is likely to be considered overtime. The employer may arrange with each of the employees written agreements for them to take time off in lieu of overtime in accordance with section 28.5 of the Hospitality Industry General Award 2020. 
• A hospital requires a nurse (classified as Level 3 under the Nurses Award 2020) to attend a weekend training seminar. The nurse’s usual rostered hours are worked Monday-Friday. Because attendance is required and outside the nurse’s rostered shifts, this time would be considered payable. According to the Nurses Award, the employer would be required to pay 150% of the nurse’s hourly rate for the first 2 hours and 200% for each additional hour for working on a Saturday. The employer would be required to pay 200% of the nurse’s hourly rate for all hours worked on a Sunday. 
• An employer hosts a Friday evening networking drinks. employees are encouraged but not required to attend. In this case, attendance at the event is generally not considered paid work. 

What are the risks of not paying overtime? 

If employers don’t correctly pay employees for compulsory out-of-hours events, they will risk: 

• Underpayment claims through the Fair Work Ombudsman, 
• Breach of Modern Award or Enterprise Bargaining Agreement obligations, 
• Damage to employee trust and morale. 

Practical steps for employers 

There are a few practicable steps employers can take to ensure they remain legislatively compliant. 

• Check the applicable award or enterprise agreement to confirm how overtime is defined. 
• Communicate clearly to employees whether attendance is mandatory or voluntary. 
• Record hours accurately, including out-of-hours events. 
• Budget for overtime costs when planning compulsory training or meetings. 
• Consider alternatives—for example, scheduling training during normal shifts to avoid employees working outside of their rostered hours. 

How can Business Chamber Queensland help?
If employers require employees to attend an event outside their usual work hours but are unsure whether it falls under the scope of overtime, they should contact Business Chamber Queensland as soon as possible.  

Our team can assist with:  

• Payroll and compliance audits – reviewing pay practices to confirm they align with award and legislative requirements.  
• Employment contract reviews – ensuring overtime clauses, reasonable additional hours provisions, and hours of work arrangements are legally sound.  
• Record-keeping guidance – helping employers establish transparent systems for tracking hours, overtime, penalties, and allowances.  
• Tailored training – equipping managers and payroll teams with the knowledge to correctly apply award rules and manage employee agreements.  
• Advisory support – providing ongoing, practical advice to resolve issues quickly and prevent disputes.