If passed, Victoria's Equal Opportunity Amendment (Work from Home) Bill 2026 would give eligible employees a right to work from home up to two days a week where reasonable, shifting the burden onto employers when a request is refused. The Bill is not yet law. It was introduced into the Victorian Parliament on 16 June 2026 and has since been referred to a parliamentary select committee, which is due to report on 20 October 2026.
For most employers, working from home has been a matter of policy and discretion. If it passes, this Bill would move it toward an enforceable right, and would shift the burden onto the employer when a request is refused. It is worth understanding now, while there is time to prepare, but nothing described below is currently in force.
Last legally reviewed: 17 September 2026. This is a Bill, not law. As at 17 September 2026 it remains before the Victorian Parliament, referred to a select committee due to report on 20 October 2026. It may be passed unamended, amended, delayed, or not proceed at all. We are monitoring its progress and will update our clients as it develops.
Want to know how the proposed right to work from home would affect your business? Our employment team can walk you through it before the Bill commences.
Book a Free Client Assessment →What Does the Bill Propose?
The Bill amends the Equal Opportunity Act 2010 (Vic) to give eligible employees, whose roles can reasonably be done remotely, the right to work from home up to two days a week. Full-time employees get two days; part-time and eligible casual employees get a pro-rata entitlement.
The right is framed as an entitlement, not just a right to ask. An employee gives written notice of the days, times, and location, and the employer must allow it unless they can show it is not reasonable.
When Does It Commence?
It has not commenced, and there is currently no confirmed commencement date. The Bill was introduced on 16 June 2026 and is currently before a Victorian Parliament select committee, which is due to report on 20 October 2026. An earlier version of the Bill proposed a commencement date of 1 September 2026 for most employers, with a deferred start for small businesses with fewer than 15 employees. That 1 September 2026 date has now passed without the Bill commencing, and any final commencement date will depend on whether and when Parliament passes the Bill, and in what form. We will update this article once the select committee reports and the Bill's progress is clearer.
How Does This Differ From the Fair Work Act?
Under the Fair Work Act, only employees in specific categories (carers, people with a disability, those over 55, and a few others) can request flexible work, and employers can refuse on reasonable business grounds.
This Bill is broader. The right is based on whether the role can reasonably be done from home, not the employee's personal circumstances. The presumption favours working from home unless the employer can show it is not reasonable.
Employees who already qualify under the Fair Work Act for those specific reasons continue to use that process. In practice, this new right will mostly affect everyone else.
When Can an Employer Say No?
An employer must allow the arrangement unless it is not reasonable. The Bill limits what counts as a reasonable ground for refusal, including:
- The inherent requirements of the role, for example, in-person attendance or on-site equipment
- Productivity and efficiency impacts
- Supervision and training needs
- Customer service outcomes
- Confidentiality and data security
- Safety
- Excessive cost
In practice, refusals will need to be documented and backed by a clear operational reason. A general preference for staff being on site will not be enough.
How Are Disputes Handled?
Because the right sits in the Equal Opportunity Act, disputes go through a different process from the usual Fair Work system. A complaint first goes to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation. If that fails, it can proceed to VCAT.
Other Things to Know
If the Bill passes in its current form, employers who must allow an employee to work from home would also have to cover reasonable costs, such as equipment and secure access to company systems. This is a proposed obligation, not a current one.
Standard OHS obligations already apply regardless of the Bill. A home workspace is still a workplace, including ergonomic and psychosocial risks such as isolation, and this does not depend on the Bill passing.
How Phan Campbell & Associates Can Help
At Phan Campbell & Associates in Footscray, our legal team advises small and medium businesses across Melbourne and Victoria on best practice, workplace policies, employment obligations, and managing change.
If you would like to understand how the proposed Bill may affect your business if it passes, we are happy to talk it through.
Reviewing workplace policy is also a good moment to check the fundamentals are in place. Our compliance checklist for hiring your first employee in Victoria covers what every employer needs from day one.
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Frequently Asked Questions
1. When does Victoria's right to work from home start?
It has not started. As at 17 September 2026 the Bill is not law. It was introduced 16 June 2026 and is currently before a Victorian Parliament select committee due to report on 20 October 2026. An earlier proposed commencement date of 1 September 2026 for most employers has passed without the Bill commencing. Any actual commencement date depends on if and when Parliament passes the Bill.
2. How is this different from the Fair Work Act?
The Fair Work Act only lets specific employees request flexible work, and employers can refuse on reasonable grounds. If passed, this Bill would be broader, based on whether the role can be done remotely, not the employee's circumstances.
3. Can an employer refuse a work from home request?
Under the Bill as introduced, an employer would only be able to refuse if it can show the arrangement is not reasonable, based on a limited set of factors such as the role's requirements, productivity, supervision, customer service, security, safety, or cost. This does not currently apply, because the Bill has not passed.
4. What should employers do now?
While the Bill remains before Parliament, employers can start reviewing which roles could work from home and updating flexible work and safety policies as preparation. This is prudent planning, not compliance with a current legal requirement, since the Bill may still be amended or may not pass. If you would like help thinking through what the Bill could mean for your business, book a free client assessment with Phan Campbell & Associates.