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WFH legislation set for September 2026

The Victorian Government has confirmed it will proceed with legislation to enshrine a legal right to work from home, with the laws set to come into effect from 1 September 2026.

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UPDATE (16 June 2026): Legislation introduced into the Victorian Parliament will enshrine the right to work from home in the Equal Opportunity Act 2010.

Under the laws, Victorians who can work from home will have the legal right to do so two days a week.

Regular casual and part-time workers will be covered by these new laws.

Guidance will be released prior to commencement on how pro-rata entitlements will work.

Details

Under the proposed framework, employees whose roles can reasonably be performed remotely would have a legal right to work from home up to two days a week. 

The Victorian Government has confirmed the laws will apply regardless of employer size, ruling out an exemption for small business. 

It estimates the policy will affect up to 1.3 million Victorians employed by small businesses.

Workplaces with fewer than 15 employees will have a delayed commencement until 1 July 2027, providing additional time to update policies, systems and procedures.

The law will provide a pathway for dispute resolution and enforcement. Disputes will go to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation or to the Victorian Civil and Administrative Tribunal (VCAT). If conciliation fails, the dispute will be heard at VCAT.

The Victorian Chamber, as part of the Victorian Congress of Employer Associations, has called to withdraw the legislation, noting that business supports genuine workplace flexibility, but not replacing collaborative workplace conversations with legal processes, uncertainty and unnecessary bureaucracy.

How the Victorian Chamber can help

As these changes approach, many businesses are unsure how to assess requests, manage risk and meet their obligations. 
 
The Victorian Chamber is hosting a one‑hour practical session to unpack what the proposed changes mean for your business, the steps you should be taking now to prepare, and the Victorian Chamber's advocacy in this space. Join us on 7 July 2026 from 12:00pm - 1:00pm. 

Register now

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