Victoria Is Moving to Legislate the Right to Work From Home

Victoria is set to become the first state in Australia to legally protect employees’ right to work from home (WFH). This marks a major shift in how flexible or hybrid work arrangements are regulated. The Victorian Government has confirmed that new legislation will be introduced to Parliament in mid‑2026 (July), with the reforms scheduled to take effect from 1 September 2026 for most employers. 

Under the proposed framework, employees whose roles can reasonably be performed remotely will be legally entitled to work from home at least two days per week. This is applicable to all Australian and international businesses employing staff based in Victoria. 

Why Is This Reform Being Introduced

The Victorian Government has positioned the reform as both a workplace fairness measure and an economic policy. It aims to address ongoing conflicts between employers and employees over flexible work (particularly as some organisations have sought to mandate a full return to office post-pandemic.  

According to the Government, work‑from‑home arrangements support workforce participation, reduce household costs, ease congestion, and improve access to employment for parents and carers. Feedback showed that inconsistent employer practices have meant some workers are denied work from home unfairly. This happens even when roles can be performed remotely.

What Does the Proposed Law Require

The reform introduces new obligations for employers across different sectors and company sizes. Key elements of the reform include: 

• Legal right to work from home: Employees whose roles can reasonably be performed remotely will have a presumed entitlement to work from home for two days per week. This is a shift from the current federal system, where flexible work is primarily handled through individual requests.  

• Application across the public and private sectors: The right is intended to apply broadly across both public and private sector employers, regardless of industry. Roles requiring physical presence are expected to fall outside the scope of the entitlement.  

• No size‑based exemption, but phased commencement: For the employers with 15 or more employees, the law is applicable from 1 September 2026. For the employers with less than 15 employees, the law will be in effect from 1 July 2027.  

Importantly, this new right will be legislated under the Equal Opportunity Act 2010 (Vic) rather than the Fair Work Act 2009. Being a state-wide law, any dispute arising from the refusal of WFH arrangements will be dealt by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) with unresolved matters potentially escalated to the Victorian Civil and Administrative Tribunal (VCAT).  

Why It Matters for the Employers

For organisations in Victoria, the reforms signal a fundamental shift in workforce management and workplace design: 

• Workforce management and compliance: Employers will need to clearly define which roles can and cannot be performed remotely and document the reasons when work from home is refused.  

• Talent attraction and retention: The new right is likely to shape candidate expectations, especially for professional roles where hybrid work is already common. 

• Legal and reputational risk: Refusing work from home without strong reasons may lead to complaints and reputational impact. 

• Operational planning: Employers may need to review office space needs, performance management practices, and health and safety arrangements for remote workers. 

When Does It Take Effect

• September 2026: Commencement for employers with 15+ employees 

• July 2027: Commencement for employers with less than 15 employees 

Although the draft legislation has not yet been released, the policy framework and timelines have been clearly signalled. 

Steps Employers Should Take Now

Employers are encouraged to prepare in advance, particularly given the lead time required to update the internal systems: 

• Assess which roles can reasonably be performed remotely and document decision-making criteria.  

• Update flexible work policies, also review WHS and data security obligations 

• Train managers and HR teams to ensure compliant handling of WFH arrangements and refusals.  

• Keep watching the updates to the final scope of the Act once the draft bill is introduced. 

How Polyglot Group Can Help

Navigating this legislative change requires careful planning and expert guidance. Polyglot Group can help businesses preparing for Victoria’s new WFH legislation through the following services: 

• WFH capability assessment: Document roles that can be performed remotely and outline reasons where WFH is not feasible, including mitigation strategies for non-WFH roles. 

• Policy audit and redrafting: Update WFH and flexible work policies to ensure compliance with the new Victorian requirements. 

• Leadership training: Equip managers and leaders with practical skills to handle WFH requests consistently and minimise dispute risk. 

• Workforce communication planning: Develop clear messaging to employees about how the new entitlements will be implemented. 

• Contract review: Ensure employment contracts reflect the new entitlements and remain compliant. 

In Summary

Victoria’s proposed right to WFH is an important change to workplace laws in Australia. It turns flexible work into a protected right and changes how employers design roles, manage performance and set expectations.  

With the law commencing in September 2026, organisations with employees in Victoria should start preparing now. Employers who adapt early will be better placed to meet legal requirements, attract talent and build resilient workforce models.