Victoria Moves to Enshrine the Right to Work from Home

Victorian Premier Jacinta Allan has introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, which would create a statutory right for employees to work from home at least two days per week, where it is reasonable to do so.

If passed, the proposed legislation would prevent employers from unreasonably refusing remote work requests and would allow employees to seek compensation where such requests are improperly denied. Employers would retain the ability to determine the specific days employees attend the workplace.

If enacted, the Bill will apply exclusively to Victorian employees. While employees in other Australian jurisdictions may request flexible working arrangements under the Fair Work Act 2009 (Cth), no other state or territory currently provides a comparable statutory entitlement to work from home.

Under the proposed regime, disputes arising from the new working from right will be dealt with by the Victorian Equal Opportunity and Human Rights Commission in the first instance for conciliation and unresolved disputes are capable of being escalated to the Victorian Civil and Administrative Tribunal.

Assessing Whether a Work from Home Request is Reasonable

When determining whether a request can be accommodated, employers should consider a range of factors, including:

• Whether the inherent requirements of the role can be performed remotely or require physical attendance;
• Whether specialised equipment or resources available only in the workplace are necessary to perform the role;
• Whether the position requires face-to-face interaction with clients, customers or members of the public;
• The impact of the arrangement on productivity and operational efficiency;
• Any adverse implications for safety, supervision, confidentiality, data security or compliance obligations;
• The cost of implementing and maintaining the proposed arrangement; and
• Whether accommodating the request would require impractical changes to the working arrangements of other employees.

Key Takeaways for Employers

If enacted, the Bill will have significant implications for Victorian employers. In particular:

• Requests to work remotely cannot be unreasonably refused, and employers will need evidence-based reasons for any refusal; and
• Employers may be required to meet reasonable work-from-home setup costs, including essential equipment and secure access to business systems.

The Bill reflects a broader shift towards flexible work as a workplace entitlement rather than a discretionary benefit, increasing the need for employers to ensure their policies, processes and decision-making frameworks are fit for purpose.

Contributors

Pavanitha Nadagobalan, Law Graduate