Natasha is a leading HR expert, entrepreneur, author and sought-after media commentator for outlets such as Sunrise (Channel 7), ABC Radio and The Australian Financial Review. Natasha co-founded Employee Matters in 2011 to help Australian businesses achieve success through their people.
The conversation around flexible work in Australia is shifting from asking for a favour to exercising a legal right. While recent Fair Work Commission rulings like Fitzpatrick v UNSW and Chandler v Westpac (which we discuss in this blog) have started to define the limits of existing laws, the Victorian Government is set to fundamentally change the game for employees in the Garden State.
From 1 September 2026, Victorian employees whose work can be performed remotely will have a legal right to work from home for at least two days per week.
The New Landscape: Victoria vs. The Rest of Australia
Unlike the federal Fair Work Act, which requires an employee to belong to a protected category (like being a parent or carer) to even make a request, Victoria’s new legislation creates a universal baseline.
The Right: If your job can reasonably be done from home, you are entitled to at least two days per week working remotely.
The Scope: This applies to both the public and private sectors.
Small Business Grace Period: Workplaces with fewer than 15 employees have a delayed commencement date of 1 July 2027 to allow time for adjustment.
The Legal Hook: This right will be enshrined in the Equal Opportunity Act (Victoria), treating access to remote work as a matter of fairness and equity.
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Dispute Resolution: When No Isn't the Final Answer
One of the most significant changes is the enforcement pathway; if an employer denies this new right, the process moves through two distinct stages:
Conciliation: Disputes go to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).
Tribunal: If conciliation fails, the matter is heard by the Victorian Civil and Administrative Tribunal (VCAT).
This creates a clear pathway for enforcement that moves away from the often complex federal dispute resolutions seen in recent cases.
The Employer's Challenge: One Size Does Not Fit All
While the legislation provides certainty for employees, business leaders, particularly in smaller firms, are concerned about political overreach.
Alex Cass from Aon stated that “while for employees, it provides certainty where flexibility is already working, for smaller businesses, the challenge will be applying the principle in a practical way without adding unnecessary complexity or compliance burden.” Employers will need to define:
Role Definitions: Which parts of a role are "reasonably" performed from home?
Team Cohesion: How do you maintain culture when the office water-cooler is no longer the informal meeting place where ideas, frustrations and jokes are aired?
Customer Needs: Does remote work compromise service delivery?
The Federal Ripple Effect
Victoria isn't acting in a vacuum. The Greens' Fair Work Amendment (Right to Work from Home) Bill 2025 is currently under inquiry by a Senate Committee. If the Greens proposal is passed, the Victorian model could effectively become the national standard, expanding Section 65A of the Fair Work Act to give all Australians a baseline of two days of remote work per week.
The Bottom Line: It seems like we are moving We are moving away from a system where you need a reason (like parenting responsibilities or a disability) to work from home. In Victoria, the work itself is becoming the reason. If the work can be done at the kitchen table, the law is increasingly saying it should be an option.
Get in touch for help navigating Working From Home and to set up policies and procedures that ensure you’re not only compliant, but that you’re capitalising on these evolving aspects of work to improve your culture, engagement, and status as an employer of choice:
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As part of an audit of compliance with the latest Respect@Work legislation, Safe Work NSW conducted an audit across the hospitality industry in the Sydney CBD. A Barrelhouse Group venue was audited and gaps were identified in compliance with the latest Respect@Work legislation. The audit of hospitality businesses in Sydney’s CBD was prompted when allegations of sexual harassment with a competitor group surfaced.
