1. Are you employed in Victoria?

Your ordinary place of work must be in VIC.

YesNo (interstate)

2. Employment type

The right applies to employees + long-term regular casuals.

Permanent (full-time or part-time)Long-term casual (12+ months, regular pattern)Casual (irregular hours)

2b. Excluded categories

The bill as introduced excludes probation, apprentices, trainees, interns and graduate program participants.

Yes — I'm on probation, or an apprentice, trainee, intern or on a graduate programNo — none of these apply to meIndependent contractor

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?

Yes (admin, knowledge work, calls, write-up, planning)No (customer-facing, hands-on, location-bound)

5. Have you formally requested WFH from this employer before?

YesNo — this would be my first formal request

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)?

Yes (COVID, ad-hoc days, snow days, etc.)No — fully on-site

8. Employer size

Small businesses get slightly more leeway to refuse on cost / impracticality grounds.

Small business (< 15 employees)Medium (15–50 employees)Large (50+ employees)

Status of the law — REFERRED TO A COMMITTEE (updated 12 September 2026): on 10 September 2026 the Legislative Council voted 18–17 to refer the Equal Opportunity Amendment (Work from Home) Bill 2026 to a select committee reporting by 20 October 2026, with its second reading deferred until then. With one sitting week left before the 28 November state election, it is unlikely to pass this Parliament. The bill passed the Legislative Assembly on 30 July 2026 but is still not law — it has not passed both houses or received Royal Assent, and its final terms may change (the government's 10 September amendments would start it on 1 July 2027, or 1 January 2028 for workplaces under 15 staff). Read our analysis: is it legal, and does it have to pass the High Court?. The criteria in this checker follow the bill as introduced plus the Fair Work Act s.65 framework it sits alongside. Note the bill excludes employees on probation, apprentices, trainees, interns and graduate program participants. We will update this tool at passage and again when regulations are finalised.

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Victoria Work From Home Eligibility Checker (delayed to July 2027)

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