Victorian work from home laws - what employers need to know ahead of September

The Victorian Government introduced its proposed work from home (WFH) laws to Parliament yesterday.[1] If passed, the laws will commence on 1 September for most businesses, and 1 July 2027 for small businesses.

The new WFH laws have created a lot of uncertainty and questions for employers. Given the short lead time before the laws are predicted to commence, employers should start preparing now – even before the laws are passed.

In particular, employers will likely require new or updated WFH policies for their Victorian employees to ensure compliance with the new laws. This is particularly important given the very technical criteria for assessing who is an eligible employee, and if so, whether it is reasonable for them to work from home.

Employers should also prioritise having individual discussions with employees about WFH arrangements and set expectations on how work will be performed remotely. Clear expectations on the inherent requirements of roles and whether WFH is reasonable must also be discussed with new employees.

Although the laws are yet to be passed, and will likely be subject to debate and potential legal challenge, our initial observations about the proposed laws include:

Note: The Government has also indicated that it will publish guidance material ahead of the proposed laws being enacted to assist with pro-rata calculations of the WFH right for part-time and regular casual employees (which will be prescribed by the regulations).

[1]     Equal Opportunity Amendment (Work from Home) Bill 2026 (Vic).