Legal Insights

Key takeaways

• The Bill introduces a statutory right to work from home under the Equal Opportunity Act 2010 (Vic) for eligible employees.
  
• Eligible employees may work from home up to two days per week (pro rata for part-time employees), where it is reasonable.
  
• Employees who intend to exercise their right to work from home must give written notice to their employer – a work from home notice.
  
• Employers may only refuse or modify arrangements based on specific, limited ‘reasonableness’ criteria set out in the legislation.
  
• Employers must respond within 21 days and must fund reasonable work from home costs.
  
• The regime is proposed to commence on 1 September 2026, with a delayed start for small businesses (1 July 2027).

Overview

The Victorian Government has recently introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, which proposes significant reforms to the Equal Opportunity Act 2010 (Vic) to enshrine a new, enforceable right to work from home. This right is set to commence on 1 September 2026.

The Bill represents a marked shift away from the current position under the Fair Work Act 2009 (Cth), where certain employees have a right to request flexible working arrangements in defined circumstances, subject to refusal on reasonable business grounds.

What are employees entitled to?

Eligible employees may work from home:

• up to 2 days per week (for full-time employees); or
• on a pro rata basis for part-time employees.

To exercise this right,...

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