Victoria’s New Work-From-Home Laws: A Well-Intentioned Mistake
Today, the Victorian Government announced legislation that would give eligible employees a legal right to work from home for up to two days per week, making Victoria the first state in Australia to enshrine such an entitlement in law. The proposal would apply to full-time, part-time and regular casual employees whose jobs can reasonably be performed remotely.
While the policy will undoubtedly be welcomed by many office-based workers, I believe it is the wrong decision for Victoria and risks creating more problems than it solves.
The fundamental issue is that workplace arrangements should be determined by employers and employees, not politicians. Every business, organisation and industry operates differently. What works well for a large corporate office in Melbourne’s CBD may be completely unsuitable for a small business, community organisation or regional employer.
Flexibility is important, and many workplaces have already successfully adopted hybrid work arrangements since the pandemic. However, flexibility works best when it is negotiated between the people directly involved, rather than imposed through legislation.
One of the biggest concerns is that the law creates a one-size-fits-all approach to a highly complex issue. Productivity, collaboration, training, customer service and workplace culture can all be affected by remote work arrangements. These factors vary significantly between industries and even between teams within the same organisation.
There is also the question of fairness. Many Victorians simply cannot work from home. Tradespeople, retail workers, hospitality staff, healthcare workers, transport operators, emergency services personnel and countless others must be physically present to do their jobs. Yet this legislation primarily benefits a specific segment of the workforce — those in office-based roles.
Small businesses may face particular challenges. Even with delayed implementation for smaller employers, many businesses operate with lean staffing structures and limited resources. They need the flexibility to determine how and where work is performed based on operational requirements, not legal mandates.
Another concern is the potential for increased disputes and legal challenges. Under the proposed framework, disagreements over work-from-home arrangements could end up before the Victorian Equal Opportunity and Human Rights Commission and, ultimately, VCAT. Rather than improving workplace relationships, the legislation risks creating more bureaucracy and conflict.
Supporters argue that working from home saves commuting time, reduces costs and helps families balance work and personal responsibilities. These are valid benefits and should not be dismissed. However, many employers are already offering flexible arrangements where they are practical and beneficial. The market has largely adapted without the need for government intervention.
Good workplaces understand that flexibility helps attract and retain quality staff. Employers who refuse reasonable flexibility often struggle to compete for talent. That natural balance is already encouraging workplace change.
The Victorian Government’s role should be to create an environment where businesses can grow, employ people and remain competitive. Instead, this legislation adds another layer of regulation at a time when many employers are already dealing with rising costs, workforce shortages and increasing compliance obligations.
Work from home should remain an option where it suits both employers and employees. It should not become a legal entitlement imposed by government.
Flexibility is important. Choice is important. But so too is allowing workplaces to determine what works best for their own people and circumstances.
Victoria deserves workplace policies that encourage cooperation, not laws that risk creating division between employers and employees.
And remember, if your job can be done from home, it can be done from anywhere, you only need to look at recent decisions by Officeworks and Woolworths to send local jobs offshore.