Victoria’s work-from-home laws are a farce. They will collapse at the first legal challenge

June 20, 2026 — 5:00am

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Working from home is a triggering topic for many Victorians, yet the state government keeps going back there. During the COVID-19 pandemic, the government exercised emergency powers to force workers to remain at home, imposing lockdowns across 2020 and 2021 that totalled 262 days. In 2026, it is using workplace laws to let them stay there.

Despite the alarm these proposed laws have generated among business owners and managers, the fine print suggests they may have very little practical impact, and may never take effect at all.

If passed by parliament, the Allan government’s proposal to enshrine a right to work from home in Victoria’s Equal Opportunity Act would give Victorian employees who can work from home the legal right to do so two days a week, with part-time employees entitled to a pro rata equivalent. An employee can exercise the right by providing written notice. The employer must respond within 21 days and is required to approve the request unless it is not reasonable to do so. Employers must also meet the reasonable costs of enabling remote work, including essential equipment and secure system access.

The business community has reacted with concern. But even if enacted, these laws are likely to be found unconstitutional. Victoria referred its industrial relations powers to the........

© The Age