Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
Note: The Victorian work-from-home laws have been announced, but the final legislation has not yet been passed. The information in this article is based on the Victorian Government’s announced position as at May 2026 and may change once the legislation is introduced and finalised.
Working from home is a practical arrangement for many roles, and proposed new laws in Victoria are set to give eligible workers stronger rights to do so. The Victorian Government has announced that it will introduce legislation in July 2026 to enshrine a right to work from home in the Equal Opportunity Act.
Under the announced framework, Victorian workers whose roles can reasonably be performed from home would have the legal right to work from home for at least two days per week. The right is expected to commence on 1 September 2026, with a delayed commencement date of 1 July 2027 for workplaces with fewer than 15 employees. However, the final details will depend on the legislation passed by Parliament.
For businesses operating in Victoria, understanding these proposed obligations is more important than ever. Employers should begin reviewing their policies, role requirements and decision-making processes now so they are prepared if the laws pass in their announced form.
What is changing?
The proposed reforms go further than the existing federal right to request flexible working arrangements under the Fair Work Act 2009. Currently, certain eligible employees can request flexible work, including working from home, and employers must follow specific rules when responding to those requests. Employers can only refuse a valid request on reasonable business grounds.
The Victorian proposal is different. It is being framed as a legal right for workers who can reasonably perform their role from home to do so for at least two days per week. The right is expected to apply across both the public and private sectors, subject to the final legislation and any exceptions or limitations that are included.
Because the right is proposed to be included in the Equal Opportunity Act, employers may also need to consider the issue through a discrimination law lens. This means refusals or limitations on working from home may attract greater scrutiny, particularly if they are inconsistent, poorly documented or not based on clear operational reasons.
Who will the new laws apply to?
The Victorian Government has indicated that the proposed right will apply to workers whose roles can reasonably be performed from home. It is not expected to be limited only to employees with particular protected attributes, such as carers or employees with disabilities.
However, the right will not apply in the same way to every role. Some positions require physical attendance, face-to-face service delivery, access to on-site equipment or supervision that cannot reasonably be performed remotely. Employers will need to assess each role individually rather than relying on a blanket policy.
The Government has also stated that the right will apply regardless of workplace size, although businesses with fewer than 15 employees are expected to have additional time to prepare, with the proposed commencement date delayed until 1 July 2027.
What are employees entitled to?
If the laws pass in their announced form, eligible employees whose roles can reasonably be performed remotely would be entitled to work from home for at least two days per week.
This does not mean every employee will automatically be able to work from home. The key question will be whether the employee’s role can reasonably be performed remotely. Employers will need to consider factors such as the nature of the work, client or customer needs, team requirements, technology, confidentiality, workplace health and safety, and any genuine operational constraints.
The final legislation is expected to provide more detail about how the entitlement will operate in practice.
When can employers refuse or limit working from home?
Employers may still be able to refuse or limit working-from-home arrangements where there are genuine operational reasons for doing so. For example, this may be the case where the role requires physical presence, where remote work would significantly affect service delivery, or where there are practical limitations that cannot reasonably be managed.
However, employers should expect greater scrutiny of these decisions. A refusal that is inconsistent, undocumented or based on general preferences rather than clear business reasons may expose the business to risk.
To reduce this risk, employers should ensure that decisions are evidence-based and applied consistently across comparable roles.
Legal risks of getting it wrong
If a working-from-home request or entitlement is not handled properly, employers may face legal and practical risks.
Under the Victorian framework, disputes are expected to be handled through a pathway for dispute resolution and enforcement. Further detail is expected once the legislation is introduced. Separate issues under the Fair Work Act may still be dealt with through federal workplace processes, including the Fair Work Commission, depending on the nature of the dispute.
Employers should also be aware of broader risks, including discrimination claims, employee relations issues, reduced morale and retention challenges.
How should employers prepare?
Employers should begin reviewing their current approach to flexible work and remote work now. This includes:
- Reviewing existing flexible work and working-from-home policies
- Identifying which roles can reasonably be performed from home
- Documenting genuine operational reasons for any role-based limitations
- Training managers on how to assess requests consistently
- Ensuring decisions are supported by evidence
- Considering workplace health and safety obligations for remote work
- Communicating clearly with staff about how arrangements will be assessed
Employers should avoid blanket rules that require all staff to attend the workplace without considering whether particular roles can reasonably be performed remotely.
Key takeaways
The proposed Victorian reforms do not simply create another right to request flexible working arrangements. If passed in the form announced, they would create a legal right for eligible workers to work from home at least two days per week where their role can reasonably be performed remotely.
The right is expected to commence on 1 September 2026, with a delayed start date of 1 July 2027 for workplaces with fewer than 15 employees. However, the legislation has not yet been finalised, so employers should monitor developments and prepare for further detail.
Businesses that take a structured, consistent and well-documented approach to remote work will be better placed to manage legal risk and comply with the proposed framework.
Need advice?
If you are unsure how the proposed Victorian work-from-home laws may affect your business, or need assistance reviewing your workplace policies, seeking legal advice early can help you prepare for the changes and avoid unnecessary disputes.
If you would like a consultation on navigating the proposed Victorian work-from-home laws, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Alex SoloCo-Founder
