As of Tuesday 3 March, reports show that Victorian workplaces will be set for a significant shake‑up as the Allan Labor Government prepares for the November 2026 election.

Whilst the draft legislation is yet to be released, what is clear is that the Government will seek to legislate working‑from‑home rights for all Victorian workers across all Victorian workplaces through the provisions of the Equal Opportunity Act 2010 (Vic) (Act).

In effect, the Government’s proposal would make working from home a protected attribute, with the only proposed exception being where, due to the nature of an employee’s work, the employee cannot feasibly work from home.

How the “nature of work” and the “feasibility of working from home” are defined remain open questions that we expect the Government to answer in its draft bill later this week.

Notwithstanding these unresolved questions, the Government’s proposal to legislate two days of working from home appears, on its face, to be straightforward. However, the proposed changes may require Victorian businesses to consider and in some cases reconsider, a range of practical and legal issues, including the following:

1. How will an employer manage the physical safety of its workforce working from home without contravening the Act?

2. How will an employer manage the psychosocial safety of its workforce working from home without contravening the Act?

3. How will employees work safely from home without contravening the Act?

4. How will an employer operating across multiple states manage inconsistent working patterns without contravening the Act?

5. How does an employer manage the cost of premises that may now be underutilised without contravening the Act?

6. How does an employer manage the productivity of its workforce without contravening the Act?

7. How does an employer manage the cost of working‑from‑home equipment for its staff without contravening the Act?

8. Is it time to revisit flexible work policies, health and safety policies, discrimination policies, performance management policies and codes of conduct?

If these changes are introduced, the consequence of any modification to the work environment is likely to be an increase in discrimination‑based litigation, either in the state tribunal or the Fair Work Commission. Our Employment & Safety team can assist in assessing the impact of the proposed reforms and advising on practical next steps.