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Victoria’s New Work From Home Legislation: What You Need to Know About the Proposed Laws

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The Victorian government is pushing ahead with its work-from-home laws, meaning millions of employees will be soon be legally entitled to do so at least two days a week.
The Allan Government first announced its intention to enshrine work-from-home into law in August.

The government has unveiled new, contentious employee rights specifically impacting small business operations.

Victorian work from home laws
Allan today announced the laws would exist regardless of the size of a workplace. (Nine)

Here’s a breakdown of the proposed legislation’s details.

According to the proposed laws, employees in Victoria who are capable of performing their duties remotely would be entitled to work from home at least two days each week.

Initially, when this proposal was introduced last year, Premier Jacinta Allan was unclear about whether small businesses would be required to provide the same remote working options as larger corporations.

Today, the government clarified that these laws will apply uniformly, irrespective of a company’s size.

That was today cleared up when the government announced the laws would exist regardless of the size of a workplace.

Victorian work from home laws
Under the proposed laws, Victorians who are able to do their job from home will have the right to do so at least two days per week. (Nine)

Speaking to media today, Allan described the incoming legislation as “an outcome that benefits everyone”.

“It increases workforce participation, its boosts productivity, it puts more money back into household budgets, which has overall flown-on benefits for the economy,” she said.

Further details will be revealed when the government releases the legislation.

“People want to see their right to work from home protected because it’s at risk,” Allan said.

“It’s at risk from employers who are unreasonably refusing request to work from home for people who can. Unions are hearing this on a regular basis.”

Is anyone exempt from the legislation?

The government is yet to announce whether specific industries or jobs will be exempt from the mandate, but said it would be enforced for public and private sector jobs that can “reasonably” be done from home.

Small businesses are not exempt from the proposed legislation, meaning companies with any number of employees will be forced to allow their staff to work at least two days from home, where possible.

When will the laws come into effect?

The legislation is still being drafted by the government, so many of the details are yet to be announced.

Allan said she wants to see the laws pass through parliament before the end of the year.

“We’ll be providing further detail as we bring the legislation to parliament,” Allan said.

Have small businesses been consulted?

More than 37,000 Victorians, including employees and businesses, responded to an open consultation regarding work from home laws, Allan said.

Of that number, three quarters said working from home was ‘extremely important’ to them.

But business advocates have argued it should be up to them to make the call, rather than having the government stepping in.

Committee For Melbourne chief executive Scott Veenker said the changes will bring “additional regulatory burden” and could push businesses to source work elsewhere.

“It’s going to be tough for businesses to adhere to that,” Veenker said.

“It’s another reason to look at whether you’re having businesses operating in Melbourne and Victoria.”

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