Can I refuse a work-from-home request in Victoria after Sep 2026?

Only if the role genuinely cannot be performed remotely. Under Victorian legislation announced in March 2026 and expected to commence on 1 September 2026, employees whose roles can reasonably be done remotely will have a legal right to at least 2 days of work from home per week. 

The bill is expected to be introduced to Parliament in July 2026. Employers with 15+ employees apply from that date. Smaller employers (under 15) come under the rule from 1 July 2027. 

Who is eligible and covered

• Employers: 15+ employees in Victoria (under 15: from July 2027)
• Employees: roles that can reasonably be done remotely for at least part of the week
• Roles that clearly qualify: office-based knowledge work, customer support, finance, marketing, software development, most administrative roles
• Roles likely exempt: manufacturing, construction, healthcare requiring patient contact, retail, hospitality front-of-house, lab roles
• Grey zone: team leaders, sales reps, and HR with in-person onboarding duties depend on a case-by-case assessment

The legislation sits within Victoria's Equal Opportunity Act, so discrimination claims are also possible when a refusal disproportionately affects parents, carers, or people with disabilities.

When employers can refuse

Refusal must rest on evidence that the specific role requires physical presence and that it can’t be performed as remote work. Acceptable reasons for refusing are: roles that require using on-site equipment, having to interact with a client or patient in person, having security or legal restrictions on remote access, or physically watching over other workers or facilities. Which means, in turn, that, for refusal:

• "We prefer everyone in the office" is not acceptable
• "It has always been done this way" is not acceptable
• "We are concerned about productivity" without evidence is not acceptable
• "Other companies in our industry don't allow WFH" is not acceptable

Blanket refusals are not acceptable. Within the time limit, employers must give written reasons for the refusal.

How disputes are handled

Employees can lodge a complaint with the VEOHRC, which attempts conciliation. If conciliation fails, disputes go to VCAT, which can order the employer to grant the arrangement, pay compensation, or both. When the refusal constitutes indirect discrimination under the Equal Opportunity Act, compensation is uncapped.

This goes beyond the federal Fair Work Ombudsman framework, which gives employees only a right to request. Victoria creates a minimum entitlement. See also remote work.

Disclaimer:

This article informs. It does not advise on the law. The rules on how to apply it may change before it takes effect.

TL;DR

• Under Victorian legislation expected to become effective 1 September 2026, employees in eligible roles will have a legal right to at least 2 WFH days per week (employers with 15+ staff. For staff under 15, it’ll be from July 2027
• Refusal must be role-specific and evidence-based, and blanket preferences are not acceptable.
• Disputes go to VEOHRC then VCAT. Indirect discrimination remedies under the Equal Opportunity Act are uncapped.