Premier Jacinta Allan open to High Court challenge amid business backlash
Prime Minister Jacinta Allan has left the door open to a Supreme Court challenge ahead of the state election by nominating a September 1 start date for proposed legislation tied to a work-from-home policy.
The government has also confirmed it will legalize working from home by amending the province’s Equal Opportunities Act, as announced this week. Age.
In effect, it would make it illegal for any boss to discriminate against a worker who reasonably refuses to come into the office two days a week.
Earlier this week the cabinet rejected the possibility of an exemption for small businesses and signed off on plans to introduce legislation in July that would give all employees the legal right to work remotely for at least two days a week where possible. If the legislation is passed without changes, the laws will come into force approximately three months before the November 28 elections.
Labour’s timeframe will force Opposition Leader Jess Wilson to take a clear position as he heads into the campaign on whether the Coalition supports or opposes the government’s legislation. Wilson has so far been unequivocal on whether he supports a guaranteed right to work from home.
A government study and A survey for Age The report by Resolve Political Monitor shows that the promise of legal work from home rights is hugely popular. But major business groups, a traditional component of the Liberal Party, see the proposed laws as an unnecessary and undue regulatory burden.
The July timeframe also provides an opportunity for individuals or organizations opposing the laws to challenge their constitutional validity. No state government has attempted to legislate the right to work from home. Victoria gave up the power to make industrial relations laws nearly 30 years ago.
Asked about the proposed laws on Tuesday, the prime minister said his government was ready for a harsh intervention by the Supreme Court.
“We have advice that this is constitutionally valid,” Allan said.
“But let’s be clear: What does it say about someone who wants to go to the Supreme Court to take away a worker’s right to work from home? Eliminating something that saves workers time, eliminating something that saves workers money, and eliminating something that’s good for the economy.”
Some business representatives object to Allan’s latest opinion. Melbourne Committee chief executive Scott Veenker said mandates would place an additional regulatory burden on business owners, despite three-quarters of Victorian businesses already having staff working from home.
“The reality is that this is a law that we do not believe is warranted or necessary,” Veenker said. “Another reason to look into whether you are considering business ownership in Melbourne and Victoria.”
The Victorian Chamber of Commerce and Industry, the Australian Industry Group and the Australian Council of Small Business Organizations oppose the government’s plans.
The government has signaled that it intends to prosecute work-from-home laws as a matter of gender equality.
Treasurer Jaclyn Symes, who rose to prominence as a young Labor consultant who took the Victorian parliament to task after she was unable to pay for maternity leave she had accrued, has spoken of her difficulties returning to work as evidence of why the legislation is needed.
“Chocolate and Peppa Pig for my children while I work the fifth day and get paid for four days,” he said. “This is the story of women who work too long.”
Liberal Party Review of the disastrous 2025 federal election campaign It revealed that then-opposition leader Peter Dutton’s promise to end home-working arrangements for public servants alienated female voters.
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Chip Le Grand leads our state politics reporting team. He had previously served as the newspaper’s chief correspondent and was a journalist with 30 years of experience.Connect via email.
