- Date:
- 19 June 2026
The new Victorian WFH Bill
On 16 June 2026, the Victorian Government introduced the Equal Opportunity Amendment (Work from Home) Bill 2026 (WFH Bill), which will give Victorian employees a new statutory right to work from home for two days a week (pro rata for part-time and casual employees) if it is reasonable to do so.
If the WFH Bill is passed in its current form, employees in the Victorian public sector will have this right from 1 September 2026 (or 1 July 2027 if their employer has fewer than 15 employees).
Eligibility to work from home
If you work at least 38 hours a week, you will be able to work from home for two days a week if it is reasonable to do so.
If you are a part-time employee, or a casual employee employed on a regular and systematic basis, you will be able to work from home for an equivalent pro rata period if it is reasonable to do so. Regulations may be made in the future which prescribe a method for determining this pro rata period.
You will not be eligible to work from home if (among other circumstances) you are:
- on probation;
- undertaking an apprenticeship, traineeship, internship, graduate program, work experience program or similar program;
- an employee with a current flexible working arrangement under the Fair Work Act 2009 (Cth) (FW Act);
- a casual employee not employed on a regular and systemic basis; or
- a prescribed employee under the regulations to the Equal Opportunity Act 2010 (EO Act).
Existing rights to work from home
Applicable employer policies regarding hybrid work arrangements may continue to operate.
Employees currently have a right to request a flexible working arrangement under the FW Act if they meet certain criteria. An example of a flexible working arrangement is one where some duties are performed from home.
The WFH Bill states that employees who are already eligible to request a flexible working arrangement under the FW Act must continue to follow the process under the FW Act. This means that any employee who has completed 12 months of continuous service and who is seeking to work from home because of one of the circumstances listed under section 65(1A) of the FW Act (e.g. parental or carer's responsibilities; disability; age etc.) should follow the process under the FW Act rather than issue a work from home notice.
Work from home notices
Before exercising their right to work from home, an employee must submit a written work from home notice to their employer identifying the specific days and specific times they intend to work from home.
Employers will have 21 days to respond, and the response must state whether the employer considers that it is reasonable for the employee to work from home.
Working from a beach house or café
Employees may be able to work from alternative locations, although this will need to be included in the work from home notice and agreed to by your employer.
When an employer considers it is reasonable to work from home
If you are allowed to work from home, an employer will be required to pay any reasonable costs necessary to enable you to work from home. This can include payment for essential equipment (such as hardware and software) and secure access to the employer's information systems.
Employers' ability to reject a work from home notice
Employers can reject a work from home notice, although they must:
- confirm whether alternative work from home arrangements can be offered (different days/times or fewer days); and
- explain why allowing an employee to work from home has been refused, based on the reasonableness criteria.
That is, employers must demonstrate that allowing an employee to work from home is not reasonable.
Circumstances employers can rely upon in demonstrating that it will not be reasonable for an employee to work from home
Allowing an employee to work from home will be considered reasonable unless there would be:
- an inability for the employee to perform the inherent requirements of their role because the role requires in-person attendance, the use of on-site equipment, or interaction with members of the public, clients or customers;
- a significant decrease in productivity or efficiency;
- an adverse impact on any person's safety;
- a significant adverse impact on supervision, training or professional development;
- a significant adverse impact on the capacity to build relationships between stakeholders, clients or customers;
- a significant adverse impact on customer service outcomes, or on confidentiality or data protection;
- excessive financial costs imposed on the employer;
- changes to the working arrangements of an employee / other employees that are impractical; or
- requirements on the employer to make new hirings that are impractical.
Similar to the flexible working arrangements regime under the FW Act, we anticipate there will be a number of decisions which provide some clarity on when it will - and will not be - reasonable for an employee to work from home. The inclusion of 'significant' and 'excessive' may indicate that there will be a high threshold for employers to meet in demonstrating that it will not be reasonable to allow an employee to work from home.
Challenging a decision not to allow an employee to work from home
Employees will have the right to apply to the Victorian Equal Opportunity and Human Rights Commission to conciliate a dispute. This may then proceed to the Victorian Civil and Administrative Tribunal, who can make an order to allow an employee to work from home if that is found to be reasonable.
Employers' preparation for the new right to work from home
The WFH Bill has only been introduced to Parliament this week and is yet to be debated, so employers should keep a watching brief on the WFH Bill to see what (if any) amendments are made.
Given the right is currently scheduled to come into operation on 1 September 2026, employers should take steps to ensure they are appropriately resourced to respond to any work from home notices that are submitted by employees assuming the Bill is passed in its current form.
Further information and advice about the WFH Bill
Our Workplace Relations Team will provide further updates on the passage of the WFH Bill when they come to hand, and are pleased to answer any further questions from Victorian public sector employers.
Contact our team
Rebecca Best
Acting Assistant Victorian Government Solicitor
Ronan O'Donnell
Managing Principal Solicitor