On 16 June 2026, the Victorian Government introduced the Equal Opportunity Amendment (Work from Home) Bill 2026 into Parliament. If passed, it will give eligible Victorian employees a right to work from home up to two days a week, where it is reasonable to do so.
For most employers, working from home has been a matter of policy and discretion. This Bill moves it toward an enforceable right — and shifts the burden onto the employer when a request is refused. It is worth understanding now, while there is time to prepare.
This is a Bill, not yet law. It was introduced on 16 June 2026 and may still be debated or amended. 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 Consultation →What the Bill Proposes
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 It Commences
If passed, the right is proposed to start on 1 September 2026 for most employers. Small businesses with fewer than 15 employees have until 1 July 2027, giving more time to put policies in place.
How This Differs 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 Disputes Are 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
Employers who must allow an employee to work from home also have to cover reasonable costs — things like equipment and secure access to company systems.
Standard OHS obligations still apply. A home workspace is still a workplace, including ergonomic and psychosocial risks such as isolation.
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 Bill may affect your business, we are happy to talk it through.
Frequently Asked Questions
1. When does Victoria's right to work from home start?
If passed, the right is proposed to start 1 September 2026 for most employers, with small businesses (under 15 employees) given until 1 July 2027. The Bill was introduced 16 June 2026 and is not yet law.
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. This Bill is broader — it is based on whether the role can be done remotely, not the employee's circumstances.
3. Can an employer refuse a work from home request?
Only if they can show it is not reasonable, based on a limited set of factors such as the role's requirements, productivity, supervision, customer service, security, safety, or cost. Refusals need to be documented and justified.
4. What should employers do now?
Review which roles could work from home, update flexible work and safety policies, set up a clear process for responding to requests, and budget for reasonable costs. Small businesses have until 1 July 2027 but should not leave it too late. If you would like help preparing your policies and process, book a free consultation with Phan Campbell & Associates.