‘Not without risk’: light shone on work-from-home laws

04 Mar ‘Not without risk’: light shone on work-from-home laws

WHAT WE KNOW ABOUT VICTORIA’S PLAN TO LEGISLATE A RIGHT TO WORK FROM HOME:

* Victoria’s Labor government has announced its plan to enshrine working from home into law in August

* Under the proposed laws, private and public sector workers who can “reasonably” do their job from home will be legally entitled to do so for at least two days a week

* It will apply to all businesses, regardless of their staff numbers

* The legislation will be introduced to state parliament in July and go into effect on September 1

* A grace period will apply for businesses with fewer than 15 employees until July 1, 2027, to “get their HR policies and procedures in order”

* Disputes between employees and employers will go to the Victorian Equal Opportunity and Human Rights Commission

* The Victorian Civil and Administrative Tribunal will rule on disputes that cannot be resolved through conciliation

* The right will be enshrined through Victoria’s Equal Opportunity Act

* Industrial relations laws are primarily set by federal parliament and regulated by the Fair Work Commission

* Section 109 of the constitution dictates that Commonwealth laws prevail over conflicting state laws

* Industrial Relations Minister Jaclyn Symes said the Equal Opportunity Act was the “most appropriate” vehicle for the right to withstand a constitutional challenge but it was “not without risk”

* Premier Jacinta Allan has previously claimed there is an “explicit provision” in the Fair Work Act for state-based anti-discrimination laws to continue to apply

WHAT’S THE REACTION BEEN?

* The Business Council of Australia, Victorian Chamber of Commerce and  Council of Small Business Organisations Australia have roundly criticised the legal mandate

* The lobby groups argue it is unnecessary, will discourage business investment in the state and create an added impost for businesses

* The union movement is broadly supportive, apart from Victoria’s police association complaining it could undermine recruitment by “making other occupations more attractive”

* The Victorian opposition insists it supports employees working from home but is demanding more details on the legislation

* The government can still pass the laws through the upper house with crossbench support if the coalition votes against it

HOW MANY AUSTRALIANS WORK FROM HOME?

* Australian Bureau of Statistics data showed work from home rates have fallen from 40.5 per cent in August 2021 to 36.2 per cent in August 2025

* A majority of workers in Sydney (55 per cent), Melbourne (52 per cent) and Canberra (51 per cent) work from home

* Rates are lower in the smaller capitals of Hobart (45 per cent), Adelaide (44 per cent), Brisbane (43 per cent) and Perth (40 per cent)

Callum Godde
(Australian Associated Press)