Victoria’s proposed work-from-home laws would give eligible employees a statutory right to work from home for up to two days per week where it is reasonable to do so. For Victorian employers, the proposed changes could introduce a formal process for receiving work from home notices, assessing whether an arrangement is reasonable and providing a written response.
These changes are not yet law. The Equal Opportunity Amendment (Work from Home) Bill 2026 (Vic) (the Bill) has passed the Legislative Assembly but remains before the Legislative Council.
For businesses considering how the proposed framework could affect employment contracts, workplace policies and employee arrangements, Warlows Legal provides Employment Law advice for employers and employees.
Where the Bill Currently Stands
The Bill proposes to amend the Equal Opportunity Act 2010 (Vic) by introducing a right for eligible employees to work from home for two days per week where reasonable, with a pro rata entitlement applying in certain circumstances.
The Bill passed the Legislative Assembly without amendment on 30 July 2026. On 10 September 2026, the Legislative Council referred it to a select committee for inquiry and report. Further consideration has been deferred until the committee reports, with its final report due by 20 October 2026. Employers can follow these developments through the official Victorian legislation page for the Bill.
The Proposed Right to Work From Home
Under the Bill, an employee would be able to request to work from home for up to two days each week where it is reasonable. For employees who do not work full time, the entitlement would apply on a pro rata basis.
Not every employee or position would necessarily be able to use the proposed entitlement. Whether working from home is reasonable would depend on the inherent requirements of the employee’s role and the impact the arrangement would have on the employer.
Employees serving a probationary period at the commencement of their employment would initially be excluded. The Bill also provides exclusions for employees undertaking certain formal training arrangements, including apprentices, trainees, interns and work experience students.
The proposed entitlement is distinct from existing flexible working arrangements under the Fair Work Act 2009 (Cth). Those federal rights continue to operate separately. Likewise, existing Victorian discrimination obligations remain a separate area of law, as discussed in Warlows Legal’s guide to Victoria’s discrimination laws in practice.
How a Work From Home Request Would Be Handled
An employee seeking to exercise the proposed right would be required to make a request in writing.
The employer would then have 21 days to respond in writing, setting out whether it considers the requested work-from-home arrangement reasonable. If the employer determines that the arrangement is not reasonable, written reasons would need to be provided.
A decision would not necessarily be limited to approving the exact arrangement requested or refusing home-based work altogether.
Where the proposed days or times are not reasonable, the employer would be required to allow an equivalent period on different days or at different times where that alternative is reasonable. If an equivalent period is not reasonable, a lesser period that is reasonable would need to be allowed. Complete refusal would be available where no period of working from home is reasonable.
The Victorian Parliament’s consideration of the Bill provides further detail on the proposed request and response process.
How Reasonableness Would Be Assessed
Reasonableness is central to the proposed framework. It would not be determined simply by whether an employer generally prefers employees to attend the workplace.
The Bill identifies matters relating to the inherent requirements of the role and the effect of working from home on the employer.
These include whether:
- the role requires workplace attendance, workplace-based equipment or in-person interaction
- working from home is likely to cause a significant decrease in productivity or efficiency
- the arrangement would adversely affect safety
- supervision, training or professional development would be significantly affected
- stakeholder, client or customer relationships would be significantly affected
- customer service outcomes would be significantly affected
- confidentiality or data protection would be significantly affected
- implementation would impose excessive financial costs
- accommodating the arrangement would require impractical changes to other employees’ working arrangements or recruitment
Legal requirements relating to safety, security, welfare and supervision must also be considered when assessing the inherent requirements of the employee’s role.
This makes the duties of the particular position important. Employers may need to demonstrate why physical attendance is necessary rather than relying on a general workplace-wide approach.
Costs and Confidentiality Under the Proposed Framework
The Bill as introduced also addresses the costs associated with enabling an employee to work from home.
An employer would be required to meet reasonable costs necessary to enable the arrangement. Parliamentary material identifies essential hardware and software and secure access to the employer’s information systems as examples.
At the same time, excessive financial cost is one of the matters that may be considered when determining whether working from home is reasonable.
Confidentiality and data protection are also expressly included in the reasonableness assessment. This may be particularly relevant where employees handle confidential client information, commercially sensitive documents or systems that require controlled access.
Resolving a Work From Home Dispute
The Bill proposes to use existing dispute resolution mechanisms under the Equal Opportunity Act 2010 (Vic).
An employee could seek dispute resolution through the Victorian Equal Opportunity and Human Rights Commission. A dispute may also proceed to the Victorian Civil and Administrative Tribunal (VCAT), which could make orders concerning compliance with the proposed right.
For employers, this increases the importance of a properly considered decision-making process and clear written reasons where a proposed arrangement is considered unreasonable.
Preparing Workplace Practices Before the Law Changes
Employers do not need to implement the proposed framework while the Bill remains before Parliament. However, its progress provides an opportunity to review whether existing employment practices could accommodate the proposed requirements if they become law.
This may include reviewing employment contracts and position descriptions to ensure the inherent requirements of each role are accurately recorded. Existing work-from-home policies can also be examined to determine whether there is a clear process for receiving, assessing and documenting employee requests.
Employers can also consider who would be responsible for assessing requests, how a 21-day response period could be managed and what records would support decisions about whether a particular arrangement is reasonable.
For positions capable of being performed remotely, existing arrangements for confidential information, secure system access and necessary equipment may also warrant review.
Preparing for Victoria’s Proposed Work From Home Framework
The proposed Victorian work-from-home laws could introduce a significant new process for employers, but their final form remains subject to the parliamentary process. Businesses should monitor the Bill’s progress and avoid treating the current provisions as settled law.
For employers, preparing for potential change means understanding how the proposed framework could affect existing employment contracts, workplace policies and procedures for managing work from home notices. If you would like advice on reviewing your current arrangements or understanding how proposed employment law changes may affect your business, contact Warlows Legal to speak with our Employment Law team.
This article discusses proposed legislation and provides general information only. The Bill has not been enacted and may change as it progresses through Parliament. You should obtain legal advice about your particular circumstances.
