Victoria Proposes Australia's First Work From Home Entitlement
Welcome Back to Another HR Alert:
Victoria Proposes Australia's First Work From Home Entitlement
The Victorian Government has introduced legislation that could give eligible employees a legal right to work from home for up to two days per week.
If passed, the changes are expected to commence from 1 September 2026 for most employers.
What Employers Need to Know
The proposed legislation would:
Provide eligible employees with a right to request up to two days working from home per week.
Require employers to respond within 21 days.
Limit refusals to reasonable business grounds.
Allow disputes to be escalated through Victoria's Equal Opportunity framework
Why This Matters
Many organisations already offer hybrid work arrangements.
The challenge isn't whether employees can work from home; it's whether managers can consistently assess requests, document decisions and justify refusals when working from home isn't suitable.
Because the proposed entitlement sits within Victoria's Equal Opportunity framework, employers may need to demonstrate that decisions are reasonable, evidence-based and applied consistently across the workforce.
What Should Employers Be Doing Now?
Review work from home and flexible work policies
Assess which roles can genuinely be performed remotely
Train managers on consistent decision-making
Strengthen documentation and record-keeping practices
Consider any WHS, equipment and technology requirements for remote workers
Howardco's Tip
Don't wait for the legislation to pass before reviewing your approach.
The businesses best positioned for these changes will be those with clear policies, capable managers and well-documented decision-making processes.
Disclaimer: The Equal Opportunity Amendment (Work from Home) Bill 2026 has been introduced into the Victorian Parliament but has not yet passed. Details may change during the legislative process. The information provided is for general knowledge only and does not constitute legal advice. For specific enquiries, please reach out to us.
Need Help Preparing?
Howardco Business + HR Solutions can assist with:
Flexible work policy reviews
Manager capability and decision-making support
HR compliance and documentation audits
If you would like support getting your workplace ready before these changes take effect, please contact our team.
