On 16 June 2026, the Victorian Government announced the Equal Opportunity Amendment (Work from Home) Bill 2026. This Bill will provide Victorian employees the statutory right to work from home two days per week, if it is reasonable to do so within their role.
This Bill, once passed, will commence on 1 September 2026, or on 1 July 2027 if an employer has fewer than 15 employees.
Eligibility to Work from Home
If you are a Victorian employee, working at least 38 hours a week, you will be eligible to work from home two days a week, providing it is reasonable to do so within your role requirements.
If you are a part-time employee, or casual employee working on a regular and systematic basis, you will be able to work from home (WFH) for an equivalent pro rata period.
You will not be eligible for the WFH Bill if you are:
- On probation;
- Undertaking an apprenticeship, traineeship, internship, graduate program, work experience program or similar program;
- An employee with an existing flexible working arrangement under the Fair Work Act 2009 (Cth);
- A casual employee that does not work on a regular and systematic basis;
- A prescribed employee under the regulations to the Equal Opportunity Act 2010.
Requested Changes to Legislation
There have been multiple concerns raised around the WFH Bill. These concerns are being addressed in a meeting later this week with the office of Victoria’s new Premier, the State Treasurer and IR Minister in order to pursue priority changes.
The keys issues that are of concern are:
- Employees adding the two WFH days on top of existing WFH arrangements in place;
- Employers being held liable for hazards in workers’ homes which are out of their control;
- Employers’ ability to have control over which days are allocated as WFH, in alignment with operational requirements.
- The desire to impose restrictions on where employees perform their work, to limit operational and IT security concerns.
- The cost employers may be expected to pay to establish home workspaces, with the request it is capped to about $500;
- The unrealistic start date of 1 September 2026, with the request to delay it to allow for more time to prepare.
The legislation passed the lower house last week and the Bill will be considered by the upper house when parliament resumes.
If you would like more information on the WFH legislation and how to prepare as an employer, contact us via the link below.