Work from home 2 days a week to become an employee right in Victoria

The Victorian Labor Government will amend the Equal Opportunity Act 2010 (Vic) (Vic EO Act) to protect the legal right of Victorian employees to work from home 2 days a week.

The legislation will be introduced in July. No draft legislation is available, as yet.

The law will come into effect from 1 September 2026, with a delayed commencement of 1 July 2027 for workplaces with fewer than 15 employees.

The Vic EO Act makes it unlawful to discriminate against employees (among other people) on grounds of their protected attribute or protected activity. We assume that an employee’s request to work from home up to 2 days in a working week will be added to these protected activities.

It remains to be seen whether there will be exceptions based on the requirements of the job or employment.

Enforcement of the Vic EO Act is largely driven by complaints made by persons alleging unlawful discrimination. Complaints are referred to the Victorian Equal Opportunity and Human Rights Commission for conciliation. If conciliation fails, the dispute will be heard at the Victorian Civil and Administrative Tribunal. The question is whether the Tribunal has the resources to deal with what is expected to be a flood of claims.

The Government argues more than a third of workers – including 60% of professionals – regularly work from home. Work from home apparently saves families money, cuts transport congestion and increases workforce participation.

The legislation is likely to be challenged on constitutional grounds, on the basis that it goes outside the referral of legislative power to make laws regulating employment conditions from Victoria to the Commonwealth.

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