Victoria introduces laws to enshrine WFH

The Allan Labor government is today (16 June) introducing its legislation to codify employees’ right to work from home, two days a week, in the state’s Equal Opportunity Act.

The Victorian government is today introducing legislation into the state’s Parliament to enshrine WFH under the Equal Opportunity Act 2010, through which employees who can work from home (WFH) will have the legal right to do so two days per week.

Regular casual and part-time workers will be covered by these new laws, the government noted in a statement, which added that the legislative changes will provide a clear pathway for dispute resolution and enforcement.

Disputes arising under the new laws will be heard by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation, or by the Victorian Civil and Administrative Tribunal (VCAT). If and when conciliation fails, the dispute will be heard at VCAT.

Premier Jacinta Allan said: “WFH works for families, it saves time and money, and it gets more parents working. That’s why we’re protecting WFH in law.”

Minister for Industrial Relations Jaclyn Symes said: “WFH is good for families, good for productivity, and good for the economy. Enshrining the right in law will mean more workers can benefit from WFH.”

According to the state government, more than one-third of workers (including three in five professionals) regularly WFH, with savings for families totalling over $5,300 annually. Moreover, WFH can cut congestion, with Victorians now saving more than three hours a week on average commuting, and workforce participation is now 4.4 per cent higher than before the pandemic.

The laws, once passed, will come into effect on 1 September 2026, while workplaces with fewer than 15 employees will be granted a delayed commencement date of 1 July 2027, giving them more time to get their policies and procedures in order.

As previously reported by HR Leader, the challenge for employers moving forward will be balancing workplace equality with business practicality. While praising the legislation’s intention, Gartner HR adviser Neal Woolrich said: “If a government comes in and puts in a sort of blanket definition about what they think can reasonably be performed remotely, that just takes away the ability of an organisation and the teams and the individuals within those organisations to make their own choices about what works for them.”

Guidance will be released prior to commencement on how pro-rata entitlements will work.

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Jerome Doraisamy

Jerome Doraisamy is the managing editor of Momentum Media’s professional services suite, encompassing Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times. He has worked as a journalist and podcast host at Momentum Media since February 2018. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.