Victoria’s proposed work from home laws

While the pandemic may have popularised working from home, many employers today are requesting their employees to go back to the office full-time. For Victorian workers, the proposed working from home laws offer regular employees the opportunity to work a few days a week from home. But with the resignation of former premier Jacinta Allen, Victoria’s new premier Ben Carroll has expressed interest in revamping the proposed laws.

If you’re a business owner based in Victoria, to stay in line with regulations you need to be aware of what the laws entail, how they may affect you, and further proposed changes to them.

What the proposed laws involve

According to the Victorian government, these proposed laws state that if an employee works at least 38 hours a week at a business, they would be able to work from home for two days a week, provided the arrangement is reasonable. Also, some of their duties should be able to be undertaken at home.

Who the proposed laws won’t apply to

Employees that are on probation or are casual but not regularly employed will not be eligible to legally request to work from home. This also applies to those enrolled in apprenticeships, traineeships, internships, graduate, or work experience programs. Those with a flexible working arrangement under the Fair Work Act 2009 or under the regulations to the Equal Opportunity Act 2010 won’t be eligible to request working from home arrangements either.

What employers need to know

If you’re based in Victoria and the proposed laws pass, if one of your full-time staff wishes to work from home, they will need to send you a written work from home notice outlining the exact days and times that they wish to work from home. After that the employer will need to respond in 21 days with your decision and whether it is feasible for your business. If approved, you will need to cover required costs such as equipment for the staff member to work remotely.

Even if the proposed laws do pass, you can still refuse to accept an employee’s request to work remotely, although you will be required to confirm if a different arrangement is possible, or provide a reason why you cannot accommodate the arrangement. Reasons where the laws accept that working from home would not be viable include reduced productivity, safety concerns, excessive costs, and inadequate supervision.

If you’re a business owner based in Victoria and are unsure of how to navigate these proposed laws, we offer a 24/7 employment relations line and a Fair Work Act Navigator tool, allowing you to stay instantly informed on key updates alongside easy access to Fair Work related courses and documentation. Book a demo with our team to learn more!