‘Simple change’ or ‘overreach’: legislating for working from home

The concept of working from home (WFH) has been around for many years, but the onset of the COVID-19 pandemic in 2020 forced a dramatic change in workplaces across Victoria and globally. Health mandates necessitated a pivot to remote work, with WFH subsequently becoming normalised as a flexible working option in many industries that had not traditionally incorporated the practice. The Victorian Government has now committed to legislating a right to work from home by September 2026.

A new paper from the Parliamentary Library examines the concept of WFH, its origins, the rapid uptake of WFH during and since the pandemic and the key issues surrounding the government’s proposal. While WFH is already widely implemented by agreement between employers and employees, the announcement of legislating a right to WFH comes amid efforts by some employers to wind back WFH entitlements. This has exposed a divide in opinion as to whether a legislated right to WFH is necessary or helpful.  

The paper traces WFH’s history from 1970s United States to present-day Victoria, touching on the pandemic’s enduring impact and other recent developments, including the Victorian Government’s proposal but also ongoing deliberations of the Fair Work Commission into industry awards.

Key issues explored include the employer-employee divide and the employment impacts of WFH on certain cohorts such as women and people with a disability. The paper also details Australia’s current flexible working laws as well as legislative and regulatory approaches to WFH in some European jurisdictions.