The Victorian Government has introduced the Equal Opportunity Amendment (Work from Home) Bill 2026, (“WFH Bill”), which aims to create a statutory right for eligible employees to work from home (WFH), into state Parliament. The Bill has not yet been passed.

If it passes Parliament, it will allow eligible employees to work from home for up to two days per week (or for a pro-rated period for part-time employees) where it is reasonable for the employee to do so.

The Bill, if passed, will not confer a blanket right to work from home in every situation. Instead, the right to work from home will depend on whether such an arrangement is reasonable.

But what is an “eligible employee,” and what does it mean to be “reasonable?” If enacted, the Bill will require employers to consider factors including:

  • What each employee’s job actually involves;
  • Whether an employee’s job must be performed in person at the workplace or not; and
  • The impact of any WFH arrangement on productivity, teamwork, supervision, customer service and costs.

Employees are currently entitled to request flexible working arrangements under the Fair Work Act 2009 (Cth), subject to certain criteria. A flexible working arrangement may involve some duties being performed from home.

The WFH Bill states that employees already eligible to request flexible working arrangements under the Fair Work Act must do so under the federal law. Thus, any employee who has completed 12 months’ continuous service, and who seeks to work from home on one of the grounds listed under s.65(1A) of the Fair Work Act (e.g. parent or carer responsibilities, disability, age, etc.), should follow the prescribed process under the Fair Work Act rather than issue a WFH notice if the Victorian Bill is passed.

Should the state government’s Bill pass parliament, and rather than arbitrarily exercising a right to work from home, eligible employees in Victoria will be required to submit written WFH notices to their employers identifying the specific days and specific times during which they intend to work from home.

Employers will have 21 days to respond. Any response must state whether the employer considers it is reasonable for the employee to work from home.

An employer who believes a proposed WFH arrangement is not reasonable must provide written reasons. Importantly, the employer may still need to consider whether a different arrangement, or a lesser WFH period, may be reasonable.

The Bill also seeks to require employers to pay reasonably necessary costs to enable employees to work from home, such as the provision of essential equipment and secure access to workplace systems.

If the Bill is passed, the right to work from home in Victoria will commence on 1 September 2026, with a delayed commencement date of 1 July 2027 for employees of small businesses.

Victorian employers should monitor the progress of the Bill and start reviewing their hybrid work policies, role requirements, data security arrangements, equipment reimbursement processes, and procedures for responding to WFH notices.

Rankin Business Lawyers can assist by reviewing and updating policies, advising on how the proposed changes may affect workforces, helping assess which roles are suitable for remote work, and developing processes for responding to WFH notices.