Victoria moves towards legal right to work from home

The Victorian government has announced plans to introduce legislation that would give employees the legal right to work from home (WFH) for at least two days a week, marking a significant shift in how flexible arrangements are regulated in the state.

What is being proposed?

Premier Jacinta Allan said the proposed reforms would apply to workers across businesses of all sizes, provided their job can reasonably be performed remotely. The legislation is expected to be introduced to the Parliament of Victoria in July, with the government aiming for the laws to take effect on 1 September 2026.

Under the proposal, the right to WFH would be incorporated into the Equal Opportunity Act 2010 (Vic), effectively making the ability to request remote work a protected workplace right.

If enacted, the law would allow employees who can reasonably perform their duties remotely to WFH two days per week. The right would apply across both the public and private sectors and would not depend on the size of the employer, although small businesses will be given additional time to comply.

Workplaces with fewer than 15 employees would have until July 2027 to implement the changes, providing a transition period for smaller organisations to adapt their operations.

The Victorian government has also indicated the legislation will include a formal mechanism for resolving disputes between employers and employees where WFH arrangements cannot be agreed. Details of how those disputes would be handled are expected to be clarified when the draft bill is released.

How will these proposed changes impact businesses?

While the proposal appears straightforward, several key questions remain unanswered, including how the “nature of work” and the “feasibility” of WFH will be defined. Jobs that require physical presence, such as many roles in retail, are expected to be exempt from the requirement.

By embedding the right to WFH in anti-discrimination legislation, employees who believe they have been unfairly denied the ability to work remotely may have stronger grounds to challenge their employer’s decision.

For businesses, the reforms could introduce a range of new compliance considerations. Employers may need to revisit internal policies covering flexible work, occupational health and safety, performance management and workplace conduct to ensure they align with the new legal framework.

Questions also remain about how organisations will manage practical issues, such as ensuring the safety of employees working remotely, maintaining productivity, providing home-office equipment and managing the cost of office space that may be used less frequently.

The draft bill will determine how the proposed WFH rights are defined and enforced, and how employers and employees will navigate the evolving balance between workplace flexibility and operational needs.

Learn more

If you would like to discuss the contents of this article or the proposed changes further, please call NRA Legal for a confidential conversation on 1800 572 679.