Key dates and commencement
On 16 June 2026, the Victorian Government introduced the Equal Opportunity Amendment (Work From Home) Bill 2026 (Vic) (the Bill).
If passed, the Bill is proposed to commence on 1 September 2026, with a delayed commencement date of 1 July 2027 for small businesses.
The legislation would introduce significant changes for Victorian workplaces, including a statutory entitlement for eligible employees to work from home.
Why the reform is being introduced
The proposed reforms intend to provide Victorian employees with the statutory right to work from home.
Despite the fact work from home rights exist/are available under the flexible working arrangement structure (set out in the Fair Work Act 2009 (Cth)), unions are seeking further legislative support/protections as the number of workplace disputes allegedly increase.
The proposed reform is seen as an aggressive step towards further enshrining statutory work from home rights. Should the laws pass the Victorian parliament, Victoria will become the first jurisdiction in Australia to enact such legislation.
Key provisions of the bill
The Bill seeks to establish an employee’s right to work from home if their role can reasonably be performed remotely. Specifically:
- permanent employees and casual employees engaged on a regular and systematic basis would be eligible for the entitlement;
- employees who work 38 hours or more per week would be entitled to work from home two days each week;
- employees who work fewer than 38 hours per week would receive a pro-rata entitlement, with further guidance to be issued as to how the entitlement will operate.
How the right would be exercised
To exercise their statutory right, eligible employees will need to give their employer a work from home notice specifying the days and times they intend to work from home, as well as the location from which they intend to work (Notice).
Employers must respond within 21 days of receiving the Notice and confirm whether they consider the notice to be reasonable. If the Notice is deemed ‘unreasonable’, the response must either propose an alternative arrangement or state that the employee is not permitted to work from home.
notice considerations
In determining whether a Notice is reasonable, an employer will have to consider whether the employee can meet the inherent requirements of their role while:
- not attending the workplace;
- not using workplace equipment; and
- not interacting in person with other employees, members of the public, clients or customers.
In addition to the above, employers must consider the potential impact on the business, including whether the proposed arrangement would adversely affect:
- employee safety;
- supervision, training or professional development;
- the employee’s ability to build relationships with stakeholders, clients or customers;
- customer service outcomes, confidentiality or data protection;
- productivity or efficiency;
- financial costs; or
- the working arrangements of the employee or any other worker.
Potential impact
It is unsurprising the proposed legislation is hotly debated, noting the considerable obligations and impact that will be placed on employers. Where accepted, the legislation:
- will impact the nature and foundation of Victorian workplaces;
- will impact the costs of running a business (noting employers will be responsible for reasonable work from home expenses, including the costs of essential equipment and secure access to workplace systems);
- may influence the types of workplace claims lodged (for example, in respect of stop bullying applications or workers’ compensation claims); and
- may influence the development of legislation in other States/Territories.
At present, the Queensland Government has not introduced legislation of similar nature.
We will continue to monitor its response to the Bill and provide updates if further developments arise.
For further information, contact our Employment Law team today.
This article was co-authored by Senior Associate, Bronte Jackson and Solicitor, Chelsea Huth.
