Victoria Makes WFH a Legal Right: What It Means for Australia
Victoria becomes the first Australian state to enshrine work from home as a legal right. Here's what the new laws mean for Australian workers.
In a landmark decision that could reshape Australia's work landscape, the Victorian Government has announced that working from home will become a legal right for eligible workers from September 2026.
The move makes Victoria the first Australian state to enshrine WFH rights in legislation, positioning it as a human rights issue rather than a workplace negotiation. The change has been welcomed by worker advocates but fiercely opposed by business groups.
The New WFH Rights Explained
How the New Law Works
1Eligibility
WFH will be available to any worker who can work from home. This currently applies to 36% of workers overall, including 60% of professionals. If your role can be performed remotely, you have the right to request it.
2Legal Framework
The new rights will be enshrined in Victoria's Equal Opportunity Act 2010, positioning WFH as a human rights issue. This shifts from case-by-case negotiations to a legislated entitlement.
3Dispute Resolution
Disputes will be heard by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) and Victorian Civil and Administrative Tribunal (VCAT)—not the Fair Work Commission. This gives workers a clearer pathway to enforce their rights.
4Small Business Transition
Workplaces with fewer than 15 employees have until mid-2027 "to get their HR policies and procedures in order." Small businesses are not exempt from the changes.
Business Groups Are United Against It
Despite the benefits for workers, the policy has faced fierce opposition from business groups who argue it's too rigid and could drive investment away from Victoria.
Victorian Chamber of Commerce and Industry
Warns of costs to public and private sectors, offshoring of jobs, loss of investment, and pay rise requests from frontline workers who can't work from home.
Business Council of Australia
CEO Bran Black warns "a one-size-fits-all mandate will drive investment and jobs away from the state at a time they're needed most."
Property Council of Australia
Executive director Cath Evans calls for "balance – not blanket legislation" and warns of "operational and legal responsibilities" that need clarification.
Council of Small Business Organisations Australia
CEO Skye Cappuccio says the policy "creates further uncertainty for small business owners" and argues "a one-size-fits-all model simply does not reflect how small businesses operate."
"Given the benefits these working models have unlocked, I get nervous about developments that make it harder or more complex for business to maintain the sensible middle ground that so many have landed on."
— Danielle Wood, Chair, Productivity Commission
What This Means for Western Australia
EditorialVictoria's decision sets a precedent that other states may follow. While WA hasn't announced similar legislation, the Victorian move could pressure other states to consider their own WFH protections.
Why WA Should Follow
- • 36% of Australians already WFH regularly
- • WFH saves families $5,308 annually
- • Reduces Perth traffic congestion
- • Cuts carbon emissions significantly
- • Improves work-life balance
What You Can Do
- • Use our business case tools
- • Share WFH research with your employer
- • Contact your WA MP about WFH rights
- • Support flexible work policies
- • Join the conversation on social media
Take Action Today
You don't need to wait for legislation. Use our evidence-based resources to make the case for flexible work in your workplace.
Get the business caseWhy Victoria Is Doing This
"Work from home works for families, because it saves time and money and it gets more parents working."
The changes will "make life easier, safer, and more affordable" for Victorian families, according to Premier Jacinta Allan.
"Every day, unions hear from workers denied reasonable work-from-home requests." The new policy normalises WFH after years of debate.
— Victorian Premier Jacinta Allan