UPDATE: New reports confirm that Victoria’s groundbreaking plan to legislate the right to work from home is facing significant legal challenges. The state government is set to introduce legislation in 2026 allowing employees to work remotely for two days a week. Experts warn that this initiative could lead to a “lawyers’ picnic,” raising concerns about potential legal disputes.
The proposed laws would apply to both public and private sector workers in Victoria who can perform their jobs from home. However, the specific legal framework is yet to be drafted, leaving room for interpretation and contention. Employment lawyer Daniel Victory cautioned that the broader the definition of this right, the higher the chance of legal challenges from employers, particularly in the private sector.
“This is a major point of contention as many employers push for a return to the office after the COVID-19 pandemic,” Victory stated. The push for a formalized right to work from home is seen as crucial in establishing a cultural norm that reflects modern working realities.
Legal experts are raising alarms about the interaction between state and federal laws. According to Joellen Riley Munton, a labour law expert at the University of Technology Sydney, any state law that conflicts with federal regulations could face immediate invalidation. “An employer could simply argue that they only need to comply with federal laws,” she explained, highlighting a significant hurdle for the effectiveness of any Victorian law.
Former Fair Work Commission vice president Graeme Watson echoed these concerns, stating that if the right is implemented too broadly, it could lead to conflicts with existing federal laws. “It’s either going to be clearly invalid or likely unworkable,” Watson warned, comparing the situation to previous legislative efforts that faced legal scrutiny, such as Victoria’s wage theft laws.
The urgency of this issue is amplified as Premier Jacinta Allan prepares for the upcoming elections in November 2026. She insists that her government has received legal advice confirming that state anti-discrimination laws can coexist with the Fair Work Act. Allan has criticized opposition leaders, claiming they are planning to eliminate remote work options and force employees back to the office.
Opposition Leader Brad Battin has stated that the party will wait to review the detailed legislation before forming a position. Meanwhile, senior federal minister Tanya Plibersek indicated that the federal government is not prepared to intervene unless absolutely necessary.
As this situation develops, the potential for a clash between state and federal laws looms large, raising questions about the future of workplace flexibility in Victoria. The implications of this legislation will resonate beyond the state, impacting labor relations and remote work policies across Australia.
Stay tuned for further updates as this story unfolds.
