‘Careful what you wish for’: Dire warning to Victorians over new work from home rules

Employment experts have weighed into the work from home debate after new laws were passed in Victoria which allow employees to stay home two days a week.

The new WFH legislation, which Premier Jacinta Allan first announced last year, will make working from home a right under the state’s equal opportunity laws.

But some experts are warning employees to be careful what they wish for because “if your job can be done from home, it can be done from anywhere”.

Graham Wynn, founder and director of Superior People Recruitment, doesn’t want the state government to interfere with what has long been a decision between employers and employees.

“Once you start legislating things, it’s really dictating to employers how they have to run their business, and that shouldn’t be happening,” he told nine.com.au.

“We’re going to create a two-tiered workforce basically, in the same company, where white collar workers may be able to work from home, blue collar workers may not. Is that fair?”

The new laws could save employees more than $5300 a year and hours spent commuting, according to the state government, and help families juggling employment and parenthood.

It could also reduce leasing costs for employers and boost satisfaction and productivity among their staff.

Have you got a story? Contact reporter Maddison Skipper at mleach@nine.com.au

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New laws to give Victorians two days a week working from home

The legislation will be introduced into parliament this week and, if it passes, the new WFH rules will come into effect for most employers on September 1.

Small businesses with fewer than 15 employees will get an extra 10 months to prepare, with the new rules set to start for them on July 1, 2027.

More than 3.7 million Victorians are employed, based on data from the Australian Bureau of Statistics, and more than a third already regularly work from home.

Wynn raised concerns about roles that can be done from home being taken offshore if Victorian workers start to avoid the office.

“Be careful what you wish for, because recently we’ve seen Officeworks and Woolworths outsourcing roles that could be done from home,” he said.

“They’ve now sent them offshore because it’s cheaper, so if you want to work from home, if your job can be done from home, it can be done from anywhere.”

Even if jobs aren’t taken offshore, employees who work from home two days a week may miss out on career opportunities because they’re not as visible.

“They’re clearly not looking for advancement, they’re looking for something that suits them, and employers may hold that against people,” Wynn said.

Employers may instead prioritise workers who are in the office five days a week for career opportunities simply because they’re around more often, a phenomenon known as proximity bias.

“Employers say that they usually look at people closer by, like an employee who is in the office, for promotions, salary increases, opportunities to work on great projects, and building their skills,” HR specialist Catie Paterson, from Blue Kite, told nine.com.au.

On the flipside, Victorians looking for a promotion or a new job could use proximity bias to their advantage.

Offering to work in the office five days a week could help candidates stand out from the competition, especially at the interview stage.

“That shows more of a commitment to the company and to the job,” Wynn said.

Employers in Victoria may also struggle if the new WFH legislation is passed, and not just because some claim employees will bludge while working remotely.

Employees who can’t work from home may feel they’re missing out and ask for other benefits to balance the scales, like more money or time off.

Small businesses may not have the resources and infrastructure to support extra work from home days.

Larger businesses may also face challenges figuring out how to apply the new rules to specific roles or teams, especially if they operate across multiple locations like Melbourne and Sydney.

Then there’s the issue of workplace health and safety; employers may be liable if staff are injured while working from home, which raises new issues.

“There’s a lot of grey area, and that’s where I don’t think businesses have had that time to really think about it,” Paterson said.

“Are leaders prepared or educated enough to manage people in a hybrid place? I would suggest, from what I see out there, it’s a no.”

Paul Findlay disagrees; he’s been letting his staff work from home two days a week for years to great success.

The founder and creative director of boutique ad agency Brands to Life said his employees love the flexibility and work more effectively this way.

“It just works really well, particularly with creatives,” he told nine.com.au, adding that hybrid work arrangements “feel more modern”.

With clients all over Australia, the agency already run most meetings and workshops over video calls so having staff log on from home isn’t an issue.

When staff are in the office, they make the most of their time face-to-face.

Findlay is all for the new work from home legislation and said employers should focus on learning how to manage a more remote workforce, rather than resisting the change.

“It’s just about making sure that you’re present [at work], I don’t think it matters whether you’re there in person or not,” he said.

Disputes between employers and employees over working from home will go to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for conciliation or to the Victorian Civil and Administrative Tribunal (VCAT).

If conciliation fails, the dispute will be heard at VCAT.