Victoria remote-work bill reaches upper house before September start

Victoria's Legislative Assembly passed a bill on July 30 that would give eligible employees a right to work from home for up to two days a week where that arrangement is reasonable. The official bill record shows that the measure passed the lower house without amendment and was awaiting further debate in the Australian state's Legislative Council as of August 9.

The bill proposes a September 1, 2026 start, but that date depends on the remaining parliamentary process. Employers with fewer than 15 employees would enter the scheme on July 1, 2027. The proposal would amend Victoria's Equal Opportunity Act 2010, the state law that sets protections against discrimination and gives state bodies authority to handle covered disputes.

The right would depend on the job and the proposed arrangement

The introduction print gives an eligible employee working at least 38 hours a week a right to work from home for up to two days, with a pro rata period for employees working fewer hours. It is a conditional right: the arrangement must be reasonable for the role, the employer and the proposed days or times.

The bill limits the factors an employer may consider. They include whether the role requires attendance, workplace equipment or in-person contact, and whether remote work would harm safety, productivity, supervision, customer service, confidentiality or data protection. Excessive cost and impractical staffing changes may also be considered.

Eligibility is narrower than the phrase "Victorian workers" may suggest. Employees on probation and people completing apprenticeships, traineeships, internships, graduate programs or work-experience programs are excluded. Irregular casual employees and some people entitled to request flexible arrangements under Australia's federal Fair Work Act 2009 would also fall outside the state process.

An employee works on a laptop at home (illustrative image). Photo by Nubelson Fernandes on Unsplash.

Employers could refuse, but would have to explain why

An eligible employee would start the process by giving written notice of the intended days, times and work location. The employer would have 21 days to respond in writing. If the requested schedule were not reasonable but an equivalent or shorter period were, the employer would have to allow that alternative.

The proposal does not prohibit every refusal. An employer could reject home working entirely when neither the requested arrangement nor a shorter period were reasonable, but the response would have to state the reasons. This distinction matters because the bill creates a right subject to a reasonableness test, not an unconditional entitlement to two days away from the workplace.

The introduction print would also require employers to pay reasonable costs needed for an approved arrangement, including essential hardware, software and secure access to company systems. That clause remains part of the bill before the upper house. APPI News could not find a published government amendment on the official bill record at the time of writing.

State bodies would handle disputes

The Victorian government said disputes would first go to the Victorian Equal Opportunity and Human Rights Commission, the state body that conciliates discrimination and equal-opportunity complaints. Unresolved cases could proceed to the Victorian Civil and Administrative Tribunal, the state tribunal that hears civil and administrative disputes.

The bill would allow the tribunal to order an employer to permit home working or take other steps to comply. It would also schedule an independent review beginning on or soon after July 1, 2030.

Business groups seek broader changes

A coalition of 10 Australian employer groups asked the Victorian government to delay the start, cap the right at two days and clarify employer costs and the pro rata calculation. The groups also sought wider grounds for refusal and a power to review or pause arrangements when performance or operating conditions changed.

The political setting shifted shortly before the bill reached the upper house. Ben Carroll became Victoria's 50th premier on July 28 after Jacinta Allan resigned. The bill nonetheless remained before parliament, and its public record did not yet show a final vote in the Legislative Council.

What remains unresolved

The upper house can pass the bill, reject it or amend it. Any amendment would return to the lower house for agreement before the measure could receive royal assent and become law. Until those steps are complete, the proposed September start and the duties described in the introduction print remain provisional.

The bill also leaves some implementation detail to regulations. It says a method for calculating the pro rata entitlement may be prescribed, but the introduction print does not supply that formula. Employers and employees would need the enacted text and any regulations to determine how the scheme applies to a particular work pattern.

Frequently asked questions

Would every employee receive two home-working days?
No. Two days would be the maximum for an eligible employee working at least 38 hours a week, and the arrangement would still have to be reasonable. Shorter working weeks would receive a pro rata period, while several employee categories are excluded.

Could an employer reject a notice?
Yes. The employer could refuse if home working were not reasonable after applying the factors listed in the bill, but would have to respond in writing within 21 days and give reasons.

Is the right already in force?
No. As of August 9, 2026, the bill had passed the Legislative Assembly but remained at the second-reading stage in the Legislative Council.