From 1 September 2026, the state of Victoria won’t just be encouraging flexible work, it will be mandating it.
In a major shift, the Victorian Government has introduced legislation that effectively turns working from home (WFH) from a discretionary benefit into a legal entitlement. And while the law only applies in Victoria, Queensland employers would be wise not to ignore the change.
What the new WFH law in Victoria actually means
The changes will be embedded in the Equal Opportunity Act 2010 (Vic) and apply to businesses with 15 or more employees.
Here’s the headline: If a role can reasonably be performed remotely, employees will have the right to work from home at least two days per week.
This means rather than being able to “request flexibility,” many employees will have flexibility as a baseline entitlement.
Key features include:
- Commences 1 September 2026
- Applies to employers with 15+ employees (but will come into effect for smaller businesses on 1 July 2027)
- Covers roles that can be reasonably performed remotely
- Employers can only refuse on genuine operational grounds or where physical presence of employees is required
- Disputes go through the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), and potentially the Victorian Civil and Administrative Tribunal (VCAT)
This fundamental shift means in Victoria, flexibility is something employees have a right to, rather than something employers grant.
Why Queensland employers shouldn’t ignore this change
Even though this is Victorian legislation, the practical impacts will not stop at the border.
Employee expectations will reset: Once a legal right exists in one state, it quickly becomes a perceived standard everywhere. Queensland employees will start asking:“If they can do it in Victoria, why not here?”
National consistency will win out: For multi-state employers, running different WFH rules in different jurisdictions is inefficient and risky. Many will adopt a national minimum standard aligned with Victoria.
It raises the bar on what counts as a ‘reasonable refusal’: Even under existing frameworks, employers need defensible reasons to reject work from home requests. This law sharpens the expectation that refusals must be specific, evidence-based, and role-focused, not cultural or preference driven.
Workplace risks for Queensland businesses
Decision-making around approving work from home requests is where most employers will get caught out, not by the entitlement itself, but through poor processes.
Risky behaviour includes:
- Blanket “back to office” mandates
- Using generic statements for rejection reasons such as “team collaboration” with no specific evidence
- Failing to assess roles individually
- Inconsistent decisions across similar roles
Under the Victorian model, these are exactly the kinds of refusals that won’t hold up and similar scrutiny is already emerging more broadly.
What Queensland employers can do now
Rather than waiting for copycat legislation, employers can get ahead by building structured assessment frameworks as well as clear, documented criteria for when WFH works and when it genuinely doesn’t.
Ensure when consulting regarding WFH arrangements that everything is documented, if a decision is challenged, the paper trail matters as much as the outcome.
Employers can rethink their default position by shifting the question from: “Why should we allow this?” to “Can we justify not allowing this?”
Victoria’s new law marks a directional shift in workplace rights. It signals that flexibility is no longer a perk. It’s becoming part of the minimum standard of employment.
Queensland employers don’t need to change their policies tomorrow, but they do need to recognise that the conversation has changed and have steps in place to navigate WFH changes when requested.
How can Business Chamber Queensland help?
Business Chamber Queensland’s Workplace Advisory team can provide practical, real-time support to help employers by reviewing and updating flexible work and work from home policies in line with emerging legal trends. Our team can also assist with developing clear, practical frameworks for assessing employee requests.
