Victoria's Right to Work From Home Law: Australian First 2026

Victoria is set to become the first Australian state to guarantee the right to work from home two days a week, with landmark legislation expected to pass parliament. This Australian-first workplace law marks a significant shift in employee rights and business operations. The Equal Opportunity Amendment (Work from Home) Bill, first announced in 2025 by then-premier Jacinta Allan, has cleared the lower house and is now poised for final approval. This article breaks down the law's mechanics, its journey through parliament, and what it means for employees and businesses across Victoria.

What Does the Victorian Work from Home Law Entail?

The bill establishes a statutory right for eligible employees to work from home for up to two days per week, provided it is “reasonably” feasible under the Equal Opportunity Act. This right applies to all Victorian employees, including part-timers and casuals on a pro-rata basis, and all businesses regardless of size. Employees must submit a formal request, which employers can only refuse on reasonable grounds.

Key Provisions of the Legislation

• Two-day right: Employees can request up to two days of remote work weekly.
• Broad coverage: Applies to full-time, part-time, and casual workers across all industries.
• Employer obligations: Refusals must be based on genuine operational reasons, not arbitrary preferences.
• Pro-rata for part-timers: Part-time employees can request a proportional number of remote days.

Political Journey and Amendments

The legislation faced intense lobbying from business groups, including the Australian Chamber of Commerce and Industry, who argued it would impose undue burdens on employers. After the bill passed the lower house in July 2025, Ben Carroll became premier and paused debate in the upper house for consultation. On Wednesday, the government confirmed several amendments to address business concerns, such as clarifying what constitutes “reasonable” feasibility and streamlining the dispute resolution process.

Comparison: Victoria vs. Other Australian States

Implications for Employers and Employees

For employees, this law enshrines a clear right to remote work, reducing the risk of arbitrary refusals. However, employers must now carefully assess each request against operational needs. The amendments aim to balance flexibility with business continuity, ensuring that refusals are transparent and justifiable.

Key Takeaways

• Victorian employees can request up to two days of remote work per week.
• Employers must respond to requests within a reasonable timeframe and provide written reasons for refusal.
• Disputes can be escalated to the Victorian Equal Opportunity and Human Rights Commission.
• The law is expected to set a precedent for other Australian states.

FAQ

Future Outlook

This legislation is a landmark moment for Australian workplace rights. As Victoria leads the way, other states may follow suit, reshaping the national conversation on remote work. For businesses, adapting to this new reality will be crucial to attract and retain talent while maintaining operational efficiency.

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