‘Absolute rubbish’: work-from-home laws draw fresh flak
Businesses are bracing for a court battle over Australia’s first work-from-home laws covering full-time, part-time and casual workers.
The Victorian Labor government introduced a bill to parliament on Tuesday that would legislate the right of all public and private sector workers to work from home two days a week if they are reasonably able to do so.
The government said the laws, first announced in August, would cover regular casual and part-time workers.
Prime Minister Jacinta Allan said the benefits would be proportionate to the number of days people worked per week.
“We will also be working on guidance materials to support businesses, but it’s all common sense,” he told reporters.
Small businesses will be included in the legislation but will not have to implement it until mid-2027, so they will have more time to streamline their HR policies and procedures.
Exemptions will be granted to new workers who have completed their trial period.
The Victorian Chamber of Commerce and Industry, the Property Council of Australia, the Urban Development Institute of Australia, the Melbourne Committee and the Housing Industry Association have joined together to call for the legislation to be repealed.
Ms Allan argued there was no consensus among the business community on the appointment, which had the approval of various unions.
“A large number of businesses responded to our survey and we also held a lot of consultation with businesses,” he said.
“We know many are already doing this.”
Sally Curtain, of the Victorian Chamber, said claims that businesses supported the move were “complete nonsense”.
“This will be a lawyers’ picnic,” he said.
“There have been various members who have said over the past 10 months that we will be at the forefront of opposing this from a constitutional standpoint.”
Industrial Relations Minister Jaclyn Symes has previously acknowledged that legal issues could arise from the mandate, as the Australian constitution dictates that state laws supersede where Commonwealth laws conflict.
He said the government had legislated through the Equal Opportunities Act as the “least risky route” to counter constitutional challenges.
Opposition Leader Jess Wilson said the opposition had not yet seen the bill or been informed about it by the government.
“We support flexible working arrangements but of course we will also review the legislation the government has brought to parliament this week,” he said in a statement on Tuesday morning.
The Allan Labor government had previously stated that it would introduce the legislation to parliament in July.
State Greens leader Ellen Sandell said: “The Labor Party is so structured that when they are in trouble at the polls or under siege, they will make another announcement about working from home.”
“This is the sixth or seventh time this policy has been recycled.”
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