Legal Insights

Key Takeaways

• Work from home is expected to become a statutory right in Victoria from 1 September 2026 for employees who can perform their role from home, up to two days per week, subject to the final form of the legislation. This change will commence on 1 July 2027 for small businesses.
• The intention is for the right to be contained in the Equal Opportunity Act 2010 (Vic) rather than industrial relations legislation.
• Workplace disputes about the new right are expected to proceed through VEOHRC conciliation and, if unresolved, through VCAT.

From 1 September 2026, the Victorian Government is proposing that employees in Victoria who can perform their role from home will have a statutory entitlement to do so for up to two days per week (subject to the final form of the legislation). For small businesses (fewer than 15 employees), the changes will apply from 1 July 2027.

While the legislation has not yet been introduced into Parliament, the Victorian Government has confirmed several key features of the proposed reforms.

What's changing?

The Victorian Government has announced that:

• Employees who can perform their role from home will have a legal right to do so for up to two days per week.
• The reforms will apply broadly across the Victorian workforce, including:
  • private and public sector employers;
  • organisations with existing hybrid or office-based models; and
  • small businesses.

Importantly, this represents a move away from employer discretion around remote...

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