The Victorian Government has announced plans to introduce legislation creating a “right to work from home” where a role can reasonably be performed remotely.

At this stage, the legislation has not yet been introduced into Parliament, meaning the final details may still change.

Below is what has been announced so far and what employers should be aware of.

Current Status

The Victorian Government has indicated that the proposed laws may be introduced through amendments to the Equal Opportunity Act 2010 (Vic) rather than through workplace relations legislation.

Key points at this stage include:

The proposed commencement date is 1 September 2026
The legislation has not yet been introduced into Parliament
The proposal is still subject to drafting, parliamentary debate and potential amendment

Because the bill has not yet been released, the exact legal requirements may still change.

Implementation Timeline

The Government has indicated that the laws will apply regardless of business size, but smaller businesses will be given additional time to prepare.

Proposed implementation dates:

1 September 2026 – expected commencement for most workplaces
1 July 2027 – delayed commencement for businesses with fewer than 15 employees

The delayed start is intended to give smaller businesses time to review:

HR policies
flexible work processes
internal decision-making frameworks

Why the Equal Opportunity Act Is Being Used

Workplace conditions in Australia are largely governed by the Fair Work Act 2009, which sits at the Commonwealth level.

Because of this, states cannot easily introduce new employment conditions within the workplace relations system.

Instead, the Victorian Government is proposing to regulate work-from-home arrangements through the Equal Opportunity Act, which falls within state jurisdiction.

This approach suggests the legislation will focus primarily on how employers make decisions about work-from-home requests, rather than creating an automatic entitlement.

Likely Structure of the Law

Although the draft legislation has not yet been released, government announcements suggest the law may:

apply to employees whose roles can reasonably be performed remotely
create an expectation that up to two days of work from home per week should be considered
require employers to make clear and fair decisions about work-from-home requests
prevent blanket prohibitions on work-from-home arrangements
allow employers to refuse requests where there are reasonable operational grounds

Expected Employer Obligations

If implemented broadly in line with current announcements, employers may be required to:

genuinely consider work-from-home requests
assess whether a role can reasonably be performed remotely
provide documented reasons if a request is declined
apply decisions consistently across employees
avoid blanket policies such as “all staff must attend the office”

How Disputes May Be Handled

Because the proposal sits within the Equal Opportunity Act, disputes would likely follow Victoria’s discrimination complaint process.

This may involve:

A complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
A conciliation process
Possible escalation to VCAT

This differs from the Fair Work Commission process, which handles most workplace rights.

Practical Impact for Employers

Based on what has been announced so far, the proposal appears more likely to introduce a requirement for fair decision-making around work-from-home requests, rather than creating a guaranteed right to work from home.

If introduced in its current form, businesses may need to:

review hybrid and flexible work policies
document criteria used to assess work-from-home requests
ensure managers apply decisions consistently across teams
train leaders to assess and communicate decisions appropriately

Inject Perspective: The Leadership Challenge Behind the Law

At Inject, our experience is that legislation like this rarely creates a real challenge for businesses.

More often it highlights underlying challenges relating to people systems within an organisation.

For many workplaces, the questions that emerge are less about legislation and more about leadership:

What does good performance actually look like in each role?
How consistently are decisions applied across teams?
How confident are managers in navigating conversations about flexibility?

When viewed through that lens, the real issue is often not whether employees can work from home, but how organisations manage performance, engagement and trust across their teams.

Businesses that already have clear expectations, consistent leadership practices and strong trust within their teams tend to navigate these conversations far more easily.

What Happens Next

Inject will continue to monitor the development of the legislation, including:

introduction of the bill to the Victorian Parliament
the explanatory memorandum and second reading speech
guidance from the Victorian Equal Opportunity Commission
commentary from employment law firms

As more detail becomes available, we will provide further updates outlining the practical implications for employers.

Final Thought

Although the legislation has not yet been introduced, the conversation around work from home is already shaping expectations in many workplaces.

For many businesses, the real question is not simply whether work from home should be allowed. It is whether leaders have the systems in place to manage performance, engagement and trust regardless of where work happens.

This is often where the real work begins.