Victoria’s Proposed Right to Work from Home: What Employers Need to Know

Employment Law: 20 March 2026

Author: Bianca Mazzarella - Our People

The Victorian Government has proposed new laws allowing Victorians whose roles can be performed remotely the right to work from home two days per week from September 2026. Importantly, the right will apply regardless of the size of the workplace.

Overview

Despite the upcoming state election, the Allan Labor Government has confirmed that the right to work from home will be protected by law, with legislation expected to be introduced to the Victorian Parliament in July.

The right is proposed to take effect from 1 September 2026. However, for workplaces with fewer than 15 employees, there will be a delayed commencement date of 1 July 2027 to provide additional time for small businesses to update their HR policies and procedures.

Equal Opportunity Act

While the draft legislation has not yet been released, the Government has indicated that it intends to amend the Equal Opportunity Act 2010 (Vic). This Act forms Victoria’s core anti-discrimination framework.

By using this legislative framework, the Government appears to be positioning working from home as an equal opportunity issue within the state’s anti-discrimination regime. Through recent media releases, the Government has emphasised that small businesses will not be exempt from the proposed changes. This is significant given that flexible working arrangements have historically been less common in smaller workplaces.

While the precise scope of the proposed right is not yet known, the Government has indicated that Victorians whose roles can reasonably be performed remotely will have a legal right to work from home two days per week. As a result, roles that require a physical presence are expected to fall outside the scope of the proposed entitlement.

It has also been suggested that employees who are still within their probationary period may be excluded from the entitlement, although this will not be confirmed until the bill is formally released.

Fair Work

Workplace conditions in Australia are primarily governed by the Fair Work Act 2009 (Cth), which operates at the Commonwealth level. As the Victorian Government cannot amend Commonwealth legislation, it has instead proposed changes to the Equal Opportunity Act, which falls within state jurisdiction.

As a result, disputes relating to the proposed right to work from home are expected to be addressed through the Victorian equal opportunity framework rather than by the Fair Work Commission, which generally deals with workplace disputes under federal law.

As such, disputes are expected to be heard by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation. If conciliation is unsuccessful, matters may proceed to the Victorian Civil and Administrative Tribunal (VCAT). The amended legislation is expected to provide a clear pathway for dispute resolution and enforcement.

What this means for employers

If enacted, the proposed reforms may require employers to:

• review existing flexible work and remote workplace policies;
• assess which roles can reasonably be performed remotely
• prepare for potential disputes under the Victorian equal opportunity framework.

If your business requires advice or support navigating these upcoming employment law developments, please contact Bianca Mazzarella, Principal at Aitken Partners at bmazzarella@aitken.com.au or +61 3 8600 6093.