Victorian employers have received some breathing room, with the State Government delaying the commencement of the proposed “Right to Work From Home” laws by almost 12 months. While many businesses welcomed the announcement, Premier Ben Carroll has made it clear that the reforms have not been abandoned and remain very much on the Government’s agenda.
A Quick Recap
As originally proposed, the Equal Opportunity Amendment (Work from Home) Bill 2026 (Vic) would create Australia’s first statutory right for eligible Victorian employees to work from home for up to two days per week where it is reasonable for their role to be performed remotely. The proposal goes significantly further than the existing Fair Work Act flexible working arrangement provisions, which generally provide employees with a right to request flexible work, rather than an entitlement to receive it.
Under the Bill, eligible employees could issue a formal notice to work from home, with employers required to respond within prescribed timeframes and only able to refuse in limited circumstances. The legislation also proposes obligations on employers to cover certain reasonable costs associated with remote work.
We shared the details of this bill in June 2026 for you which can be found here
What Has Changed?
The laws were originally expected to commence on 1 September 2026 for most Victorian employers. However, on 11 August 2026, Premier Ben Carroll announced that implementation would be delayed until 1 July 2027 while the Government undertakes further consultation with industry and considers potential amendments.
Importantly, the delay relates to the commencement date, not the Government’s commitment to the legislation itself. Premier Carroll has publicly stated that he continues to support working from home and flexible work arrangements but wants to ensure the final model appropriately balances the interests of employees, businesses and the broader Victorian economy.
In announcing the delay, the Premier indicated he remains open to “commonsense amendments” and further consultation with business groups before the legislation is finalised. He has also stated that he expects the legislation to pass before the Victorian state election later this year.
Why the Delay?
The proposed reforms have attracted significant criticism from employer and industry groups, many of whom argue the legislation is unnecessary given the prevalence of existing hybrid work arrangements. Business representatives have also raised concerns about operational flexibility, productivity, supervision requirements, customer service impacts, workplace health and safety obligations, and potential compliance costs.
The delay appears to be a response to those concerns and forms part of the Premier’s broader efforts to improve relationships with Victoria’s business community.
What Should Employers Do Now?
The key message for employers is simple: nothing changes immediately.
The proposed legislation is still not law, and any commencement date is now at least ten months away. Existing flexible working arrangement obligations under the Fair Work Act continue to apply as normal.
That said, employers would be wise to use this additional time to:
- Review existing hybrid and work-from-home policies;
- Identify roles that can genuinely be performed remotely and those that require physical attendance;
- Document operational reasons for workplace attendance where relevant;
- Ensure managers are applying consistent criteria when assessing flexible work requests;
- Consider technology, privacy, cybersecurity and workplace health and safety implications of remote work; and
- Monitor further developments as consultation continues.
If you are unsure whether your employment contracts or policies adequately protect your business, we can assist with a targeted review and update.
Get in touch!
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
