Can a state law change federal work culture? Victoria is about to try

Can a state law change federal work culture? Victoria is about to try

work from home

Premier Jacinta Allan’s bold move to enshrine the right to work from home (WFH) into Victorian law is more than just a workplace reform, it has the potential to be a social revolution.

By proposing legislation, to be introduced in 2026, that guarantees employees the right to work remotely for at least two days a week if their job can ‘reasonably’ be done from home, the Allan Government is sending a clear message: workplace flexibility is no longer a privilege it is a workplace right.

This policy, announced at the Victorian Labor Party’s state conference, is a direct response to the growing demand for work-life balance, especially among women. The benefits of WFH are well-documented. These include reduced commuting time, lower household costs, and increased productivity. But for women, particularly mothers, carers, and those managing household responsibilities, this initiative could be transformative.

Women have long borne the brunt of inflexible work arrangements. The pandemic proved that remote work is not only feasible but often preferable. It allowed women to enter and remain in the workforce while managing caregiving duties, and it narrowed the gender participation gap. Treasurer Jaclyn Symes rightly called the policy “an economic policy,” noting “its potential to boost employment participation and close the gender wage gap”. Women are the biggest untapped resource. Premier Allan’s personal reflection sharing how her own mother had to leave the workforce upon marriage underscores the generational impact of workplace inflexibility. This legislation could be a landmark moment in reversing that legacy.

However, not everyone is cheering.

Businesses and business groups, unsurprisingly, are wary. Many employers still cling to the belief that productivity is tied to physical presence. Concerns about collaboration, culture, and oversight are valid, but they often mask a deeper resistance to relinquishing control. For some, the office is not just a workplace it’s a symbol of authority. Mandating WFH rights challenges that paradigm.

Moreover, the policy raises logistical questions. How will “reasonable” be defined? Will small businesses be exempt? What mechanisms will exist to resolve disputes? The Allan Government has promised a consultation process to address these concerns, but the tension between worker rights and business autonomy is unlikely to be resolved easily.

Politically, the Victorian Liberals are treading carefully and for good reason. The federal Coalition’s opposition to WFH policies during the last election campaign backfired spectacularly. Peter Dutton’s resistance to flexible work arrangements was widely seen as out of touch, contributing to his electoral woes and internal party unrest. The Victorian Liberals won’t want to repeat that mistake. Expect them to adopt a cautious, consultative stance, perhaps supporting the principle while questioning the implementation.

Victoria’s proposed WFH legislation could have significant national implications. While industrial relations are primarily governed at the federal level, this bold move may prompt the Commonwealth to revisit the Fair Work Act. If successful, it could serve as a model for other states and influence broader federal reforms. Internationally, countries like Germany and Portugal have already legislated the right to work remotely, demonstrating that Victoria’s initiative is part of a global shift toward flexible, inclusive workplaces. Should the legislation pass, it would position Victoria as a leader in progressive reform and potentially reshape national policy especially if it proves effective in boosting workforce participation and gender equality.

But let’s be clear this is not just about convenience. It’s about equity. Women, carers, and people with disabilities stand to gain the most. For them, WFH isn’t a perk it’s a pathway to participation. It’s a chance to work without sacrificing caring responsibilities and work life balance.

The Allan Government’s proposal is ambitious, and it will face resistance. But it’s also necessary. In a world where technology enables remote work, clinging to outdated models serves no one. The pandemic proved that we are capable of remote work and still be efficient and productive.

Legislating WFH rights is a bold step toward a fairer, more inclusive workforce. For the women of Victoria, it’s a long-overdue win and for Victorian Labor – great policy leading into an election year.

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