Victoria’s work from home changes: A guide for employers

The Victorian Government has proposed changes to the Equal Opportunity Act to allow eligible employees the right to work from home.

While it hasn't yet passed, it is progressing through parliment. If you have team members in Victoria, here’s a quick break down of what's proposed and what it means for you as an employer.

What you need to know

• Eligible Victorian employees will be entitled to work from home for up to two days per week, where their role can reasonably be performed remotely.
• Your team member must submit WFH notice in writing that includes the days and any specific times the employee intends to WFH; and the location they intend to work from.
• Any refusals must be based on specific grounds, documented, and communicated within 21 days.
• Businesses must cover reasonable WFH costs (think equipment and systems access).
• Disputes will go to Victorian Equal Opportunity and Human Rights Commission VEOHRC (not Fair Work).
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What employees does it apply to?

All Victorian employees whose roles can reasonably be performed from home. Roles that genuinely can't be done remotely are not covered, this may include manufacturing, retail, hospitality or construction.

Proposed start

• Businesses with 15+ employees: 1 September 2026
• Businesses with fewer than 15 employees: 1 July 2027

What makes it different from the current rules?

Right now, certain employees can request flexible work arrangements under the Fair Work Act.

With the changes, instead of employees requesting and employers deciding/responding, employees are entitled to WFH unless you can demonstrate it's not reasonable.

As we mentioned above, businesses will also be expected to cover costs associated with working from home, this may include things like laptops, software, and subscriptions they need to perform their role.

There isn’t a concrete list of “reasonable” equipment that need to be provided to employees – it is best to treat requests for items such as desks and monitors on a case-by-case basis.
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Can you decline?

To decline, you'll need to show the request to WFH is not reasonable based on specific grounds.

What is could be considered "not reasonable"?

• Whether a role requires in-person attendance to be performed adequately or to achieve positive customer service outcomes.
• For example: the use of on-site equipment, or face-to-face interaction with clients or customers.
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• If you can show that WFH would cause a significant decrease in productivity,  efficiency, or the ability to build relationships with stakeholders or customers.
• For example: employees might need to share a piece of expensive equipment, so it cannot be taken home.
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• If WFH is likely to have an adverse impact on any person's safety or on supervision, training or professional development.
• For example: a site manager might need to supervise the work of their team to keep them safe.
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• If WFH poses a significant risk to confidentiality or data protection.
• For example: your business might work with sensitive data which you cannot reasonably monitor outside of a physical location.
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• If WFH imposes excessive financial costs on the employer.
• For example: a small business may not have the resources needed to provide their team with laptops and subscriptions needed to work from home.
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• If WFH creates the need for significant changes to the working arrangements of employees or means that the employer unreasonably needs to hire more staff.
• For example: you may need to hire more staff to maintain your front desk if an administrator works from home.
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How to prepare

• We recommend proactively reviewing your current roles and identifying those which genuinely cannot be performed at home. Be prepared in advance with reasons that you can provide to employees so you aren’t caught off guard.
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• Take this time to set up a clear WFH policy. Having a list of equipment you provide, expectations for being available for contact, rules for data security, and guidelines for acceptable WFH locations will help you to avoid reacting to situations once the legislation changes.
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• Consider the benefits of WFH and accommodate requests where possible. Workplace flexibility is one of the strongest drivers of staff retention, sometimes even more important than salary!
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• Keep communication open with your team and hear the perspectives of those who want to WFH. There might be a middle ground you can reach that works for everyone.

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Speak to a HR Partner

Our HR Partners can provide HR support and advice tailored to your situation.

If you have team members based in Victoria and you'd like to talk through what this means for your business, get in touch with our team.