Victoria’s Proposed Work From Home Bill: How Would It Affect Businesses?

Ever since the Victorian Government introduced the Equal Opportunity Amendment (Work From Home) Bill 2026, we’ve seen plenty of speculation about it. There is understandably a lot of uncertainty and even panic around it.  

While the Bill hasn’t been passed, we’re writing this blog as a heads up for employers who want to be proactive in preparing for the changes proposed in the Bill. These changes will likely affect existing remote work policies, and businesses will also have to prepare for additional costs of working from home that the Bill prescribes.  

Reminder: at the time of this blog being published, the Bill has not been passed by parliament yet. If passed, it will take effect on 1 September 2026 or 1 July 2027 for small businesses. 

Update as of 29 July 2026: The Bill remains before the Victorian Parliament and is not yet law. Debate resumed in the Legislative Assembly on 29 July, with Opposition amendments also circulated. These amendments have not been approved and may change, be rejected or be revised as the Bill progresses. 

A brief rundown of the Victorian Work From Home Bill 2026 

• The Bill proposes to provide eligible full-time employees the right to work from home two days a week. For employees working for less than 38 hours a week, this will be on a pro-rata basis. This right to work from home will be provided where reasonable.  

• Employers are responsible for the costs of working from home. The Bill states that employers must pay any reasonable costs needed in enabling an eligible employee to work from home. Reasonable costs include the costs of essential equipment like hardware and software, plus secure access to information systems used by the business.
   

• Any disputes when it comes to the Bill could be brought to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation. Any unresolved disputes will then be escalated to the Victorian Civil and Administrative Tribunal (VCAT).
   

Remember: this would not give every employee an automatic right to work from home for two days per week. There are still considerations like eligibility, the requirements of the employee’s role, and the business.  

Who would be eligible under the WFH Bill?  

Not every employee would be covered by the proposed bill. 

Employees who may be excluded include those who are: 

• On probation 

• Completing an apprenticeship, trainee program, internship, graduate program, or similar arrangements  

• Under certain regulated work arrangements under the Fair Work Act 

• Casually employed but not on a regular and systematic basis  

• Already entitled to request flexible working arrangements under section 65 of the Fair Work Act and seeking to work from home because of those circumstances 

• Covered by any additional exclusions under regulations  

As there is also the Fair Work Act to consider in conjunction with this Bill, the process may be more complicated for employers. The employee’s circumstances will determine whether a work from home request will need to be handled under the existing federal flexible working provisions rather than the proposed process under this Bill.  

If the Bill passes, employers will need to identify which process applies before responding to such requests.  

When could working from home be considered unreasonable? 

The Bill also identifies the factors that could be considered when determining whether an employee can reasonably work from home.  

These factors include the inherent requirements of the employee’s role, such as whether the work can be performed without: 

• Attending the regular workplace in person 

• Using equipment located at the workplace 

• Interacting face-to-face with clients, customers, or members of the public  

Employers could also consider the effect that working from home would have on the business, including whether it would: 

• Cause a significant decrease in productivity or efficiency  

• Create a safety risk  

• Significantly affect supervision, training or professional development  

• Significantly affect relationships with clients, customers or other stakeholders  

• Significantly affect customer service  

• Create confidentiality or data protection concerns  

• Impose excessive financial costs  

• Require impractical changes to other employees’ working arrangements  

• Require impractical additional hiring 

This doesn’t mean that employers could simply refer to one of these factors as a reason for declining a proposed arrangement. They would still need to consider the employee’s role and circumstances carefully and provide clear written reasons.  

What costs associated with working from home would employers need to cover?  

The Bill proposes that the employer must pay reasonable costs necessary to enable the arrangement. 

The Bill specifically identifies: 

• Essential equipment, including hardware and software 

• Secure access to the employer’s information system.  

As of this writing, the full extent of this obligation is not  clear yet. There are no stipulations on internet access, mobile phones, and other equipment yet.  

On that note, business should start considering:  

• What equipment employees already have  

• What equipment the business already provides  

• How expenses are approved and reimbursed  

• How information and systems are accessed securely  

• Whether equipment remains the property of the business  

What process would employers need to follow?  

An eligible employee would give their employer written notice stating when they intend to work from home. If they propose on working somewhere other than their home address, they will also need to identify that location.  

The employer then has 21 days to respond to the request in writing.  

• If the arrangement described in the notice is not reasonable, but the employee could reasonably work from home on different days or at different times, the employer would need to allow that alternative arrangement. 

• Where the full proposed period is not reasonable, the employer would also need to consider whether a shorter period of working from home could reasonably be accommodated. 

Employers would need a consistent, defensible process for assessing requests and documenting their reasons for the decision.  

Review your WFH and remote working policies  

Based on everything we know so far about the Bill, our most important piece of advice is to review any existing WFH and remote working policies in your business.  

A one-size-fits-all policy or generic template may not adequately address the proposed legislation. Your policy and supporting processes should clearly explain: 

• Who may be eligible for the work from home days  

• How employees should provide notice  

• Who will assess each notice  

• What information will be considered  

• How the business will document its response  

• How alternative arrangements will be explored  

• What equipment and expenses the business will cover  

• The employee’s responsibilities while working remotely  

• How workplace health and safety, confidentiality and data security will be managed 

Your business’s policy should also align with how working from home operates in practice. A well-written policy will hold little value if managers aren’t consistent when it comes to processing requests.  

How Now Actually can help  

Now Actually is monitoring the Bill and helping employers understand what the proposed changes could mean for their policies, processes and workforce arrangements. 

If you’re unsure whether your current policy would be ready for the proposed changes, book a Discovery Call with us.