Proposed work-from-home legislation in Victoria, Australia, has been unexpectedly stalled just weeks before a state election, throwing landmark employee rights into uncertainty. The Victorian Labor government's bill, which aimed to establish a legal right for employees to work from home, was referred to a parliamentary inquiry on Thursday afternoon following last-minute amendments introduced by Premier Ben Carroll.
The motion to delay the bill passed the upper house by a narrow margin of 18 votes to 17, led by Shooters, Fishers and Farmers MP Jeff Bourman. With only one sitting week remaining before the Victorian parliament dissolves for the November state election, the legislation is now set to be a debated issue during the election campaign.
Proposed Amendments and Opposition Stance
Under the government's proposed amendments, the right to work from home would be explicitly limited to employees residing in Victoria, and the definition of "home" would be broadened to include a worker's main residence or a mutually agreed-upon location. These rights would not supersede existing federal entitlements and could not be used to alter established employment agreements regarding days and times.
Employers would be required to cover the cost of essential equipment, such as laptops or necessary software, but would not be responsible for home internet or basic utility costs. The timeframe for businesses to respond to a work-from-home request would be extended from 21 to 28 days. Additionally, employers would have the option to pause or revoke work-from-home arrangements if deemed unreasonable.
Businesses with fewer than 15 employees were slated to have their implementation date pushed back to January 1, 2028. Larger businesses already had their start date delayed to July 1, 2027, a move Premier Ben Carroll implemented in late July after replacing Jacinta Allan, aiming to reset the government's relationship with the business community.
Despite these concessions, the opposition, led by Shadow Attorney-General James Newbury, had stated it would not oppose the bill and supported the government's amendments, indicating no plans to alter the legislation if elected. However, the coalition joined with the crossbench to refer the bill to an inquiry, effectively halting its progress.
Concerns and Political Maneuvering
The Greens' workers' rights spokesman, Aiv Puglielli, criticized the premier, accusing him of capitulating to the business lobby. He suggested that the government was backing away from its own signature legislation due to pressure from business interests.
The original intent was to legislate the right to work from home within Victoria's Equal Opportunity Act, designed to provide a stronger legal standing against potential High Court challenges, which could invoke Section 109 of the Australian Constitution concerning conflicts between state and Commonwealth laws.
The shift in approach under Premier Carroll, favoring a more business-friendly stance compared to his predecessor, Jacinta Allan, has placed the future of these extensive work-from-home rights in doubt as the election approaches.