The Victorian Government has tabled amendments to the Equal Opportunity Act 2010 (Vic) (EOA) in Parliament which represent the biggest changes to workplaces since the COVID pandemic.

As has been widely reported, from 1 September 2026, the new regime provides employees (excluding those employees on probation, apprentices, road transport workers, casual employees and an employee with a statutory flexible work arrangement) with the protected right to work from home two days per week for full-time workers and pro‑rated for part-time employees.

An eligible employee must make a written request specifying the days on which and any specific times at which the employee intends to work from home in accordance with their right to work from home and if the employee intends to work from a place other than their private residence.

Within 21 days of receiving a written request, an employer will need to determine whether a work from home request is reasonable or unreasonable.

Whether a request is "reasonable" or "unreasonable" depends on a range of factors, including if:

• the inherent requirements of the employee’s role require their regular attendance at the workplace, including to use on-site equipment or to interact with members of the public, clients or customers;

• the request would cause a significant decrease in productivity or efficiency;

• the request would have an adverse impact on safety;

• the request would have a significant impact on supervision, training or professional development;

• the request would have a significant impact on the capacity to build relationships between stakeholders, clients or customers;

• the request would have a significant impact on customer service;

• the request would impose excessive financial costs on the employer;

• the request would require the employer to make changes to the working arrangements that are impractical; and

• the request would require the employer to make new hires that are impractical.

These factors are subject to any legal requirements, safety, welfare, security or supervision concerns relating to an individual worker. What remains uncertain is to what extent an employer can reasonably rely upon these factors to decline a request for flexible work.

If an employer approves the request to work from home, then the business must also be prepared to ensure that it has provided essential equipment and secure access to its information systems so that the employee can complete their work effectively.

Whilst these proposed changes are in the bill stage, employers should be preparing for this change now.

With competing critics describing the proposed change as "a lawyers' picnic" or "common sense", employers need to prepare for the change by:

1. identifying positions most likely to be affected by these changes;

2. implementing a system for dealing with requests (such as documentation and training); and

3. ensuring that staff are trained to avoid potential liability.

The detail of the legislation will ultimately determine the extent of change required. However, the direction of travel is already clear, flexibility is moving from policy to entitlement.

Organisations that recognise this shift early and respond with a structured, strategic approach will be best positioned to navigate what comes next.

As flexible work becomes an enforceable entitlement under proposed changes to the EOA, employers will need to assess requests within defined timeframes and ensure appropriate systems and resourcing are in place to prepare. For tailored guidance on preparing for these reforms and managing associated risks, please contact Adam Foster in our Employment & Safety team.