Working From Home Law in VIC

At its core, Victorians would have the legal right to work from home two days a week, where it’s reasonable to do so and without linking the right to specific personal circumstances such as being a parent or having carer responsibilities.

The WFH laws will come into effect on 1 September. It will have a delayed commencement of 1 July 2027 for workplaces with fewer than 15 employees, giving them more time to get things in order.

From an HR perspective, this is a shift toward greater transparency and accountability. It encourages employers to:

• Review role requirements and be clear about what truly must be done onsite
• Document decisions around flexible work requests
• Apply consistent criteria so similar requests are treated in similar ways
• Engage in genuine consultation rather than defaulting to a “no”
• It’s also a reminder that flexible work is no longer just a perk – it’s becoming a core part of modern employment rights.

And while this currently only applies to Victoria, it raises an interesting question: could this be the start of a national shift in how work‑from‑home rights are protected? With remote work now deeply embedded in how Australians work, it wouldn’t be surprising to see other states – or even the Fair Work Act – evolve in a similar direction over time.

For now, the best step for employers is to get ahead of the curve: review your flexible work policies, ensure your decision‑making processes are fair and well‑documented, and support managers to handle requests confidently and consistently.

If you’d like help preparing or reviewing your policies, we’re always here to support you.

Therese