On 16 June 2026, the Victorian Government introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, giving Victorian employees a legal right to work from home for up to two days per week, where it is reasonable for them to do so. This new right will be inserted in a new Part 6B of the Equal Opportunity Act 2010 (Vic), creating a new statutory entitlement from 1 September 2026 for most businesses and from 1 July 2027 for small business employers (fewer than 15 employees). The amending Act will be repealed on 1 September 2027, but the amendments to the Equal Opportunity Act will continue to operate.
This represents a significant shift in the ability for an eligible employee to work from home in Victoria. Unlike the existing “right to request” under the Fair Work Act 2009 (Cth), which entitles employers to refuse a request on reasonable business grounds, this right will come with an express statutory reasonableness test and a direct enforcement pathway.
Who is covered? And who is not?
The right is confined to ‘eligible employees’. This includes full-time, part-time and regular systematic causal employees. Employees in excluded categories are:
- Employees on probation;
- Employees undertaking an apprenticeship, traineeship, internship, graduate program, work experience program or similar program;
- Employees who are regulated workers or regulated businesses, or who are a party to a services contract under the Fair Work Act;
- Employees who are already able to make a flexible work request under s 65 of the Fair Work Act because of specified personal circumstances (for example, carers, parents of young children, people with disability or experiencing family violence). Those employees remain in the federal system;
- Casual employees not employed on a regular and systematic basis; and
- Any prescribed employee or an employee of a prescribed class.
How the new Victorian Work from Home Right works in practice
An eligible employee has a statutory right to work from home, provided that:
- The request covers an entitlement period that is equal to, or shorter than the specified period; and
- It is reasonable for the employee to work home during that period.
The “specified period” means:
- for an employee who works 38 hours or more per week – up to two days per week; or
- for an employee who works less than 38 hours per week – a period calculated on a pro-rata basis, using a method to be prescribed by regulations.
Note: Government guidance on the pro-rata calculation is expected before commencement.
Employees seeking to work under the new Victorian Work from Home Right
Employees seeking to work from home under the proposed entitlement must give their employer a written work from home notice. The notice must, where practicable, specify:
- the days and times the employee proposes to work from home; and
- whether the employee intends to work from a place other than their private residence.
If it is not practicable to specify the days or times in advance, the notice may be expressed in more general terms.
Employers’ requirement under the new Victorian Work from Home Right
The proposed entitlement requires the employer to respond in writing within 21 days of receiving the work from home notice. The response must state:
- whether the employer considers the requested arrangement reasonable; or
- if the employer considers the request unreasonable, whether an alternative arrangement will be approved or the request will be refused – with reasons given in either case.
Costs
Where an employer approves an employee to work from home, the employer must:
- pay the “reasonable costs necessary”, including things such as essential equipment (e.g. hardware and software); and
- providing secure access to the employer’s information systems.
What is ‘Reasonable’?
The Bill sets out an exhaustive list of factors that can be considered when deciding what is ‘reasonable.’ Employers cannot rely on any other reasons to refuse the request.
In assessing reasonableness, the only relevant matters include:
- The inherent requirements of the role, including whether those requirements can be met on specific days or times without physical attendance, use of workplace-based equipment, or in-person interaction with clients, customers or the public;
- The impact on the employer if the employee works from home on the proposed days/times, such as whether it would likely cause a significant decrease in productivity or efficiency, adversely affect safety, supervision, training or professional development, impede relationship-building with clients or stakeholders, harm customer service outcomes, undermine confidentiality or data protection, impose excessive financial costs, or require impractical changes to others’ working arrangements or new hires; and
- Any additional prescribed matters.
In considering the inherent requirements of the employee’s role, regard must be had to any legal requirements relating to safety, security, welfare or supervision.
Disputes, enforcement and risk
Disputes regarding the new work from home rights will follow the existing dispute resolution framework in the Equal Opportunity Act.
- Employees will be able to bring disputes to the Victorian Equal Opportunity and Human Rights Commission for conciliation.
- If this does not resolve the dispute, applications can be made to VCAT, which will have power to order that an employer allow an employee to work from home or to take other steps to comply with Part 6B.
- In cases when employers mishandle requests or treat employees unfavourably, employees can exercise their rights through existing discrimination laws.
Practical Steps for Employers to work on now:
Although the main provisions will not come into effect until September 2026, employers should start preparing now, including by:
Mapping roles and functions:
- identify which roles, functions and teams can be reasonably performed from home and on what pattern, having regard to inherent requirements, OHS, supervision and client service.
- Additionally, consider updating job descriptions to reflect the work from home entitlement for eligible employees.
Reviewing and updating policies:
- align work from home flexible work and IT/security policies with the proposed right and the Fair Work Act, including setting out a clear process for work from home notices and responses.
- Consider implementing a policy for receiving and responding to work from home notices with 21 days.
Updating contracts:
- consider updating employment contracts that reflect the work from home entitlement for eligible employees and to manage expectations about days, hours, locations and equipment.
Planning for technology and costs:
- assess the costs and equipment necessary to implement the work from home entitlement.
A note on what may change
Several important regulations and items of guidance remain outstanding and have not yet been introduced, including:
- the method of calculating pro-rata entitlements;
- any additional prescribed classes of non-eligible employees;
- any further prescribed factors related to the reasonableness assessment; and
- further details on what constitutes ‘reasonable cost’ for equipment and software.
Victoria’s proposed right to work from home marks a significant shift in how flexible work is regulated for Victorian employees, by creating an enforceable statutory right that employees can exercise.
With the proposed commencement date of 1 September 2026 approaching, now is the time to review policies, assess your workforce and ensure your team is equipped to respond to work from home notices in a way that is compliant and consistent.
If you have any questions concerning the proposed right or any other employment law issue, our Employment Law team would be pleased to assist you.
