Your right to WFH is coming, and your office plants are devastated

Victoria just made working from home a legal right, and the rest of Australia is probably next. Here’s the lowdown. 

From 1 September 2026, Victorian employees whose jobs can reasonably be done remotely will have a legal right to work from home two days a week. Not a right to ask. An actual right. Smaller businesses (under 15 employees) get a little extra time, with the law kicking in for them on 1 July 2027. 

The right will be enshrined in the Equal Opportunity Act, making Victoria the first place IN THE WORLD to legally guarantee a minimum number of remote working days. Talk about Australia being ahead of the curve. 

Will it go national? 

Almost certainly. We've already seen the right to disconnect introduced nationally, and with the Australian Council of Trade Unions pushing hard for stronger flexible work rights, changes to the Fair Work Act are likely on the horizon. Victoria's just the first cab off the rank. 

What should employers do? 

If you're in Victoria, don't wait until August to figure this out. Review your employment contracts, update your hybrid work policies, and make sure you've got a clear internal process for handling disputes before they escalate to the Victorian Equal Opportunity and Human Rights Commission (or worse, the Victorian Civil and Administrative Tribunal). 

If you're in WA or another state, you're not off the hook; you just have a bit more time. Given the national trajectory, it's worth getting your hybrid work policies in order now, while you can do it calmly rather than in a panic when the law lands on your doorstep. 

What's in it for employees? 

Aside from the obvious? Remote work saves workers an average of $110 a week, cuts over three hours of commuting, and workforce participation is sitting 4.4% higher than pre-pandemic. Not bad for staying in your pyjamas. 

That said, this isn't a free-for-all. The right only applies if your job can reasonably be done remotely. So, before you retire your work bag for good, have an honest think about whether your role actually translates to the home office. And of course, if you're someone who thrives with the structure and social buzz of an office, that's completely valid too. This is about having the choice, not being told where to sit. 

Whether you're an employer getting your ducks in a row or an employee wondering if your workplace will keep up, this one's worth watching. Questions? You know where to find us.