Check if you can request work-from-home under Victoria's new right, what you need to include in your request, and the narrow grounds your employer can use to refuse.
Last verified: 23 May 20261. Are you employed in Victoria?
Your ordinary place of work must be in VIC.
2. Employment type
The right applies to employees + long-term regular casuals.
3. Months of continuous service
Minimum 12 months expected to apply.
4. Can your job realistically be done from home — at least some of the time?
5. Have you formally requested WFH from this employer before?
6. What's the main reason for the request?
Stronger reasons trigger stronger protections under s.65 of the Fair Work Act.
7. Have you worked from home in this role before (even ad-hoc)?
8. Employer size
Small businesses get slightly more leeway to refuse on cost / impracticality grounds.
Victoria's new WFH law gives employees the right to work from home 2 days a week from September 2026. Covers eligibility, right to disconnect, Westpac ruling, and how to request flexible work.
Flexible Work Arrangements: How to Request and What to Do If RefusedWho can request flexible work in Australia, how to make a written request, employer obligations (21 days to respond), reasonable business grounds, FWC dispute resolution under the 2024 amendments, and practical tips for a successful application.
Refused WFH in Victoria? The VEOHRC and VCAT ProcessIf Victoria's proposed work-from-home right is refused, disputes go through VEOHRC conciliation then VCAT — not the Fair Work Commission. Here is the step-by-step process.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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