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The New Workplace Flashpoint: What If Working From Home Becomes a Legal Right?
August 11, 2025

Victoria is about to make history.
If passed, a bold new proposal will give millions of employees the legal right to work from home two days a week across both public and private sectors.

Premier Jacinta Allan calls it “life changing.”
The Victorian Chamber of Commerce calls it “perplexing.”

But for CEOs, COOs, and HRDs, it’s not about ideology. It’s about readiness.

Because if this law passes, employers will no longer be negotiating flexible work arrangements. They’ll be complying with them.
And many aren’t ready.

The Risk Isn’t the Law. It’s the Gap Between Your Model and What’s Coming

Let’s be clear.
This law won’t apply to every role.
It’s aimed at jobs that can “reasonably” be performed remotely.

But the definition of reasonable is murky and that’s where workplace risk starts.

At Workvergent, we’re already helping business leaders answer the hard questions:

  • Which roles could legally qualify even if they weren’t designed that way?
  • What happens if your EBA or contract conflicts with the new state law?
  • How will you manage inequality between eligible and ineligible staff without burning culture?
  • What does consultation actually look like when the law has already decided?

The organisations asking these questions now will be the ones avoiding headlines later.

Here’s What Employers Are Getting Wrong (Already)

In advisory sessions over the last month, we’ve heard the same refrains:

“We already offer flexibility. This won’t affect us.”
“We’ll deal with it if it becomes law.”
“Our EBA protects us.”

But that thinking ignores two critical truths:

  • The Fair Work environment is changing fast. Behaviour, consultation, and fairness now matter just as much as policy.
  • Legislation won’t be the only pressure. Even if exemptions exist, employee expectations are shifting. If you can’t show transparent reasoning, you risk disengagement or challenge.

In short, this isn’t just a legal issue. It’s a leadership one.

A Strategic Response: What You Can Do Now

Here’s how we’re guiding clients through this shift:

Run a Remote Work Risk Review
Map roles by function, not just title.
Identify which jobs may meet the “reasonable” test and which fall into a grey zone.

Stress Test Your Employment Instruments
Review EBAs, contracts, and policy language for potential contradiction, ambiguity or friction.

Prepare Your Consultation Playbook
Don’t wait for the backlash.
Plan how you’ll communicate the why behind your model, not just the what.

Anticipate Culture Gaps
Remote eligible vs not.
City based vs regional.
Design your workforce plan with equity at the centre or risk team trust and cohesion.

Workvergent: Strategic Guidance for the New Workplace

This isn’t about reacting to politics.
It’s about getting ahead of pressure before it becomes obligation.

At Workvergent, we specialise in helping leadership teams:

  • Decode complex legislative shifts
  • Navigate modern consultation and employee relations
  • Build workplace models that are legally compliant and culturally intelligent

We don’t deal in theory.

We give you clear steps, confidential guidance, and practical language to lead with confidence — before change is forced upon you.

Want to test your readiness for Victoria’s proposed WFH law?

Contact us or visit www.workvergent.com.au

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