Victoria's proposed legal right to work from home 2 days a week is set to lapse on 3 November 2026, when the current parliament expires. The bill passed the Legislative Assembly in July but stalled in the Legislative Council, and it has not moved since 10 September.
So there is no Victorian work from home law. What you can rely on today is the Fair Work Act's right to request flexible working, and, if you are under the Clerks Award, its new work from home clause.
Key takeaways
- Not law. The Equal Opportunity Amendment (Work from Home) Bill 2026 has not passed the Legislative Council.
- Lapses on 3 November 2026 unless it passes before then. The parliament says any legislation not passed by that date will lapse.
- A new start after the election. Victoria votes on 28 November 2026. A work from home law would have to go through the next parliament.
- You can still ask. Eligible employees with 12 months' service can request to work from home under s 65 of the Fair Work Act, and the employer must answer in writing within 21 days.
- Leave and pay do not change because of where you work.
Where the bill stands
The bill's status on the Victorian Legislation website is "Council - second reading (passed Assembly)". On 10 September the Legislative Council sent it to a select committee, due to report by 20 October 2026, and agreed that the second reading would wait for the committee's final report. As of 29 October the committee still lists the inquiry as current, no report is published, and the bill page shows no step after 10 September.
| Date | What happened |
|---|---|
| 16 June 2026 | Bill introduced in the Legislative Assembly by the Premier, Jacinta Allan |
| 30 July 2026 | Passed the Legislative Assembly, not amended |
| 30 July 2026 | Second reading moved in the Legislative Council |
| 10 September 2026 | Council refers the bill to a select committee and defers the second reading until the committee's final report |
| 20 October 2026 | Committee's reporting deadline. No report found as of 29 October |
| 3 November 2026 | Parliament expires. Bills not passed lapse |
| 28 November 2026 | State election for the 61st Parliament |
Victorian Legislation, Equal Opportunity Amendment (Work from Home) Bill 2026 (read 29 October 2026): "Further consideration of this Bill has been deferred until the Select Committee reports back to the Council." Legislative Council, 10 September 2026: "this Bill be referred to a select committee for inquiry, consideration and report, by 20 October 2026, and the second reading of this Bill be deferred until the final report of the Committee is presented to the House". Parliament of Victoria, Select Committee on the Equal Opportunity Amendment (Work from Home) Bill 2026 and inquiry page (read 29 October 2026).
What happens on 3 November
Victorian elections are held on the last Saturday in November every 4 years, and the term of parliament finishes 25 days before, when the Governor issues the writs. For the 28 November 2026 election that day is 3 November. Any bill still before parliament then lapses, and committee inquiries stop.
Nothing carries over on its own. Whichever party forms government after 28 November would need to put a work from home bill to the 61st Parliament for it to become law, and the MPs elected then decide whether unfinished inquiries are taken up again.
Parliament of Victoria, 2026 Victorian state election (read 29 October 2026): "Any legislation before parliament that is not passed when the current parliament expires on 3 November 2026 will lapse." "Parliamentary committee inquiries will cease. Any uncompleted inquiries may be re-referred to a committee when the next parliament begins but that will depend on what the MPs elected to that parliament decide." Victorian Electoral Commission, State elections: on 3 November 2026 "The term of Parliament finishes and the Governor of Victoria issues writs for the election."
What the bill would have given you
As introduced, the bill would have amended the Equal Opportunity Act 2010 to give an eligible employee:
- 2 days a week working from home if they work 38 hours or more a week, or a pro rata period if they work fewer hours, where it is reasonable for them to work from home.
- A written answer within 21 days, with reasonableness judged only on grounds listed in the bill.
- Disputes through the Victorian Equal Opportunity and Human Rights Commission and VCAT.
Employees on probation, apprentices, trainees, interns, graduates and irregular casuals were among those excluded. The bill would have started on 1 September 2026, and on 1 July 2027 for employers with fewer than 15 employees.
Government amendments circulated in the Council were never agreed. They would have moved the general start to 1 July 2027 and the small business start to 1 January 2028, set the part-time entitlement at 40% of weekly hours, allowed 28 days to reply, and limited the right to employees whose principal place of residence is in Victoria.
Bill as introduced, proposed s 102J: "An eligible employee has a right to work from home for any period (the entitlement period) equal to or less than the specified period if it is reasonable for the employee to work from home for the entitlement period." Government amendments JS95C, circulated 10 September 2026 (read 22 October 2026).
Your work from home rights now
Flexible working request (all states). Under s 65 of the Fair Work Act, a full-time or part-time employee with at least 12 months with the same employer can ask in writing to change where they work, including working from home, if they:
- are the parent of, or care for, a child of school age or younger
- are a carer, have a disability, are 55 or older, or are pregnant
- are experiencing family and domestic violence, or are caring for a family or household member who is
A casual employee can ask too if they meet one of those criteria, have worked regularly and systematically for the employer for at least 12 months, and reasonably expect that to continue. The employer must reply in writing within 21 days and can refuse only on reasonable business grounds, after discussing the request with you. A dispute can go to the Fair Work Commission. A parent coming back from parental leave can also ask to work part-time, covered in returning to work after maternity or parental leave.
Clerks Award. From the first full pay period on or after 26 October 2026, any employee under the Clerks Award can ask in writing to work from home, whether or not they meet the s 65 criteria. The employer does not have to agree or give reasons. See the Clerks Award work from home clause.
Victorian public sector executives gain the Fair Work Act's flexible working rights under a separate Act that starts no later than 1 November 2026. That change is covered in the same Clerks Award guide.
Fair Work Ombudsman, Flexible working arrangements (read 29 October 2026): "Full-time and part-time employees can request flexible work arrangements if they've worked with the same employer for at least 12 months"; examples include "locations of work - for example, working from home." "Employers who get a request from an employee for flexible working arrangements need to respond in writing within 21 days." "An employer can only refuse a request on reasonable business grounds".
Your leave and pay
Working from home does not change your leave. Annual leave and personal leave accrue on your ordinary hours wherever you work them, and your award or agreement rates still apply on home days. The annual leave calculator and personal leave calculator work the same way. For Victorian rules on annual leave and final pay, start from the Victoria leave calculator.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.