What are the key changes if the Bill is passed?
- Eligible employees will have the legal right to work from home two days a week if their role can reasonably be done remotely.
- Employers must permit the arrangement unless it would be unreasonable to do so, taking into account the inherent requirements of the role and the impact that remote work would have on the employer.
- If the employer deems that the requested arrangement is not reasonable, they have a duty to consider a different working from home arrangement (unless there is no set up that would make the proposal reasonable).
- Employees must submit their requested arrangement in writing, and employers will need to provide their written response within 21 days, outlining whether it is approved or rejected (and if the latter, the reasons why and whether an alternative arrangement is proposed by the employer).
- Employers will be required to meet the reasonable costs of the work from home arrangement where it is approved.
Who will be eligible?
The right to work from home two days per week will apply to employees who work 38 or more hours per week. Where employees work fewer than 38 hours per week, their entitlement will be calculated on a pro-rata basis.
The following are not eligible:
- Probationary employees;
- Contractors;
- Employees who have an existing right to request flexible arrangements under the Fair Work Act 2009 (Cth) due to personal specified circumstances (e.g. pregnancy, disability etc.);
- Casual employees who are not regular / systematic;
- Employees undertaking apprenticeships, internships etc.; and
- Gig workers.
What should employers should do now?
Employers with more than 15 employees in Victoria should look to prepare for a potential 1 September 2026 implementation date by reviewing policies, assessing which roles genuinely need to be done in-person and establishing framework processes for responding to requests in line with the proposed laws.
If you require support, please get in touch with a member of the MDR ONE team.
