EMPLOYMENT LAW SERIES
The new Equal Opportunity Amendment (Work From Home) Bill is proposed legislation that would give Victorian employees a new statutory right to work from home for 2 days a week (for full time eligible employees, and pro rata for others) if it is reasonable to do so.
If the bill is passed, this right will come into effect in 1 July 2027. The new Victorian Premier, Ben Carrol, plans to make ‘sensible changes’ to the bill in line with consultation with Victorian businesses. At this stage, the legislation remains drafted as follows:
WFH Notices
An eligible employee can submit a notice to their employer, where the employer will have 21 days to respond and state whether the request is reasonable.
Whether an employee’s request is reasonable will depend on certain criteria including the nature of the role and the employee’s individual circumstances.
Employer’s ability to refuse
Employers may refuse a work from home request, but only after considering whether alternative arrangements (e.g. different days, hours or reduced remote work) could be accommodated. Any refusal must be accompanied by written reasons, setting out the basis for refusal.
Relevant factors for refusal include, but are not limited to:
- an employee’s inability to perform the inherent requirements of their role remotely;
- significant impacts on productivity;
- supervision, training;
- customer service or safety;
- confidentiality or business operations; or
- excessive costs to the employer.
Employees will be able to challenge refusals through the Victorian Equal Opportunity and Human Rights Commission and VCAT.
Reasonable Costs
As the bill is currently drafted, employers will be required to pay ‘reasonable costs’ necessary for employees to work from home. This can include desks, computers etc.
However, we expect to see this obligation removed following further consultation with businesses. Employers should monitor the Bill’s progress and prepare for its proposed commencement on 1 July 2027.
If you have any questions regarding the WFH bill, or require further information, reach out to our Commercial Team on 03 5445 3333.
Disclaimer: This article provides general information only and does not constitute legal advice. Please seek professional legal guidance for your specific circumstances.
