Businesses are spoiling for a court battle over Australian-first work-from-home laws covering full-time, part-time and casual workers.
The Victorian Labor government introduced a bill to parliament on Tuesday, legislating the right for all public and private sector employees to work from home two days a week if they reasonably can.
The laws, which were first announced in August, will encompass regular casual and part-time workers, the government has revealed.
Entitlements will be proportionate to the number of days a week people work, Premier Jacinta Allan said.
“We’ll also be working on guidance materials to support businesses, but this is all common sense,” she told reporters.
Small businesses will be roped into the legislation but won’t have to apply it until mid-2027 so they have more time to get their HR policies and procedures in order.
There will be exemptions to the mandate for new workers while serving out their probation period.
The Victorian Chamber of Commerce and Industry, Property Council of Australia, Urban Development Institute of Australia, Committee for Melbourne and Housing Industry Association have joined together to call for the legislation to be abandoned.
Ms Allan argued there was not a consensus among the business sector about the mandate, which has won the approval of various unions.
“We had a lot of businesses respond to our survey and we’ve had a lot of consultation as well with businesses,” she said.
“We know many of them are already doing it.”
The suggestion businesses backed the move was “absolute rubbish”, the Victorian chamber’s Sally Curtain said.
“This is going to be a lawyers’ picnic,” she said.
“There are various members over the past 10 months who said we’ll be front in line to challenge this constitutionally.”
Industrial Relations Minister Jaclyn Symes previously acknowledged legal questions could arise from the mandate, with Australia’s constitution dictating Commonwealth law supersedes state law when they conflict.
The government is legislating through the Equal Opportunity Act “as the avenue with the least risk” to withstand constitutional challenge, she said.
Opposition Leader Jess Wilson said the opposition was yet to see the bill or be briefed on it by the government.
“We support flexible working arrangements but, of course, we’ll review the legislation that the government brings to parliament this week,” she said on Tuesday morning.
The Allan Labor government had previously flagged it would bring the legislation to parliament in July.
“Labor has this pattern that when they’re in trouble in the polls, or when they’re under siege, they will drip feed another announcement on work from home,” state Greens leader Ellen Sandell said.
“This is the sixth or seventh time this policy has been recycled.”
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