People Matters - with HR Central
25th March 2026
By FTMA News
Working from home (WFH) is increasingly common, but currently there is no automatic legal right for employees to work remotely unless an eligible employee has an entitlement to flexible working arrangements under the Fair Work Act.
However, later this year, Victoria will be the first state in Australia that legislates an employee’s right to WFH. This will be done through the Equal Opportunity Act with disputes being handled by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation. The Victorian Civil and Administrative Tribunal (VCAT) will also have a role in conciliation with VOHRC is unsuccessful.
Victorian WFH Legislation is set to come into effect on 1 September 2026 for businesses with over 15 employees, allowing for an employee to work for home two days per week if they are able to work from home. Businesses with fewer than 15 employees have a delayed start – 1 July 2027. As a result, Victorian employers should begin reviewing their workplace policies now to ensure they are prepared for the evolving legal landscape around flexible work.
When implementing WFH arrangements, employers must carefully consider the potential impacts on business operations and ensure appropriate safeguards are in place. This may include introducing additional terms and conditions to maintain productivity, collaboration, and client engagement.
Employers must also continue to meet their work health and safety (OHS) obligations, even when employees work remotely, by taking reasonable steps to ensure the home workspace is safe.
To learn more about the Victorian State changes to Working from Home, you can attend the next FTMA webinar on 1st April. FTMA Members, please check your emails, the Members Portal, or the Members app, to register for the webinar.
Our Head of HR Delivery, Michael O'Shaughnessy, will be explaining in further detail what these changes will actually look like for your business.
Need help?
If you have any further questions or need any help you can contact us on you can contact us by emailing hr@hrcentral.support, or by giving us a call at 1300 717 721 and one of our experienced HR team will be happy to assist you.
