Working from home laws set to extend to more workers, as Allan prepares legislation

Casual and part-time workers will be included in new laws protecting the rights of Victorians to work from home, with the state government set to introduce legislation into parliament this week.

Premier Jacinta Allan will on Tuesday announce further details of the laws, which were announced last year and require employers to allow employees to work from home two days a week where possible.

The Victorian government estimates workers could save up to $5000 a year by taking full advantage of the policy.

“Work from home works for families. It saves time and money, and it gets more parents working,” Allan said in expanding the legislation.

“That’s why we’re protecting work from home in law.”

The announcement comes as Labor faces renewed pressure to improve its falling popularity with voters after a new poll, published exclusively by The Age, showed a surge in support for One Nation across Victoria.

While the new laws are to begin on September 1 if they pass through parliament, small businesses with fewer than 15 staff members will have until July 1, 2027, to implement the new policy.

Under a pro rata system based on an employee’s hours, Allan will also reveal that casual and part-time workers will be included in the scheme.

The legislation will make working from home a right under the state’s equal opportunity laws and spell out ways for businesses and employees to settle disputes.

The Victorian Equal Opportunity and Human Rights Commission will oversee initial disputes, and where they cannot be resolved, matters will proceed to the Victorian Civil and Administrative Tribunal.

The policy has been opposed by a number of business groups, who argue it is unnecessary to legislate work set-ups, and it takes flexibility away from staff and employers.

But the premier has defended the move, countering that the new flexible working practices, which became increasingly popular during the COVID-19 pandemic, could be undermined over time by right-wing political parties or court challenges from the private sector if not enshrined in law.

In a submission last year, the Victorian Chamber of Commerce and Industry said it was concerned the move would have a negative impact on the economy, and arrangements “must rightly be left for negotiation and agreement at the enterprise level”.

“Complex, duplicative and unnecessary regulation of these matters undermines the employer and employee relationship, and adds to the many disincentives for businesses to set up and operate in Victoria, noting Victoria has the lowest business conditions across mainland Australia,” the chamber said.

In a survey of 700 businesses, the chamber said 76 per cent reported staff regularly worked from home.

About 63 per cent had a formal work from home policy, and 77 per cent said they had a requirement that staff attend the physical workplace for a minimum number of days a week – usually three.

Victorian Treasurer and Industrial Relations Minister Jaclyn Symes said the law “will mean more workers can benefit from work from home”, and in turn, benefit the economy.

The Coalition has not announced if they will support the laws, but have said they would come to a decision once they see the legislation in full.

If they do not support the laws, Labor will need the support of the crossbench to pass the legislation in the upper house in time for it to become law in September.

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