The Victorian Government has introduced a Bill to give employees a legal right to work from home up to two days per week. It’s only a proposal at this stage – not law yet – but if it passes, it will bring new obligations for Victorian businesses. Large employers (15+ staff) would need to comply from 1 September 2026, and small employers (fewer than 15 staff) from 1 July 2027. This marks a significant change beyond the current national “right to request” flexible work arrangements.
It is important to note this legislation is currently proposed, it has not been passed or enacted. This article is to provide employer’s insight on what this could mean for their business.
What Is Being Proposed?
The Equal Opportunity Amendment (Work from Home) Bill 2026 was introduced into Victoria’s Parliament on 16 June 2026. If enacted, it would amend Victoria’s Equal Opportunity Act 2010 to allow “eligible employees” to work from home up to 40% of their weekly hours (e.g. 2 days out of 5), whenever it’s reasonably possible for them to do their job remotely. This is framed as a direct right to work from home, not merely a request.
Who Is an “Eligible Employee”
The new entitlement would cover most Victorian full-time, part-time, and regular casual employees in roles that can be performed from home. Some exceptions are included – for example, new or training employees (like those on probation, apprenticeships, internships), gig economy workers, and irregular casuals would not automatically have this right. Additionally, employees who already qualify for a flexible work request under the national Fair Work Act 2009 (Cth) (e.g. new parents, carers, people 55+ or with a disability) would continue using the federal system for those circumstances and not use the new state pathway.
How Would It Work Day-to-Day?
To use the right, an eligible employee must give their employer written notice (a “work from home notice”) detailing the days/times they plan to work from home (and location, if not their home). If an employee’s schedule varies, they can state the portion of time they intend to work remotely. The employer then has 21 days to respond in writing.
- If the employer thinks it’s not reasonable as requested: The employer must explain why, and either offer an alternative arrangement (e.g. one day a week instead of two, or different days), or refuse outright with reasons.
- If the request is acceptable: The employer confirms the employee can work from home on the specified days/times (up to the maximum entitlement).
The Bill tightly defines when saying “no” (or offering less WFH than requested) is allowed. Refusals must be based on specific, justified grounds – for example, if the role truly can’t be done remotely (due to essential on-site duties or equipment), if productivity or customer service would suffer significantly, if there are major supervision, safety or data security concerns, or if accommodating the request would incur unreasonable cost or require impractical changes. In short, the employer must show it’s genuinely not feasible for that employee to work from home consistent with the request.
Other Obligations – Covering Costs:
If an employee’s work-from-home request meets the criteria and must be allowed, the employer would be responsible for paying any “reasonable costs” to enable it. This could include providing essential equipment and secure IT system access (like laptops, software, or other tools needed for the employees’ home setup). For many employers, especially those without existing remote work setups, this may require an investment in technology and updated policies (e.g. around cybersecurity and safe home work environments).
Comparing It to the Current Flexible Work Request Rules:
Currently, under national workplace laws, only certain employees have a right to request flexible working arrangements, and employers can refuse on broad “reasonable business grounds.” The proposed Victorian scheme is different: it extends to far more employees and treats working from home up to 2 days a week as a default right if a job can be done remotely. The grounds to refuse are narrower and defined in legislation. It also introduces the idea that employers have to financially support remote work (whereas the federal system doesn’t specify that). In essence, this state law would set a higher bar for refusing a work-from-home arrangement and create a more formal process for everyone, not just those with carer responsibilities.
What Should Employers Do Now?
While nothing has changed yet, it’s wise for business owners to start planning in case this law passes. Steps for employers include:
- Prepare for tech and safety needs: Ensure you have appropriate technology and support for remote workers (e.g. equipment, secure VPN access).
- Stay informed: Follow updates on the Bill’s progress so you know if/when it becomes law, and whether there are any changes to the proposal.
- Identify roles suitable for WFH: Review your business operations and pinpoint which roles (or tasks) can be done from home and which truly require on-site presence. Be ready to explain why certain jobs can’t be done remotely if needed.
- Update policies: Consider drafting a work-from-home policy or updating your existing flexible work policy. Clarify the process for employees to notify you of WFH requests and how you’ll assess and respond.
- Consider OHS requirements: Employees working from home are still entitled to a safe workplace, this includes an ergonomic set up and the space clear from obstructions or hazards. Employer’s should consider WFH safety checklists.
By getting ahead of these issues now, your business will be better positioned if (or when) Victoria’s work-from-home right becomes a legal reality. Above all, remember that this is only a proposal – continue your usual practices for now, and be ready to adapt if the law comes into effect.
Disclaimer: This article is for general information and does not constitute legal advice. You should obtain professional advice tailored to your circumstances.
If you’ve got any burning questions about this information or you’re not sure how it impacts your business, reach out to our team by email hello@flawlesshr.com.au
