Victoria’s Equal Opportunity Amendment (Work from Home) Bill 2026 has sparked a debate that mostly focuses on cost and principle, but an employment law expert says the real issue lies in how the legislation is built. Peninsula Australia’s Gazelle Kalk argues the bill lacks the necessary detail to make flexible work rights manageable for small employers, suggesting that a one-size-fits-all approach may create more problems than it solves. As Premier Ben Carroll reportedly reconsiders aspects of the bill, including a potential exemption for small businesses, Kalk believes the government has a chance to fix the practical gaps in the current draft.
Kalk, an Associate Director at the employment relations advisory firm, notes that while flexible work rights already exist under the Fair Work Act, the new state bill fails to carry over the structure that makes those rights workable. The existing framework includes strict criteria that employees must satisfy, providing a clear set of rules for both parties. The proposed legislation, however, adds additional obligations and administrative processes that could disproportionately affect smaller businesses.
Small businesses often lack the dedicated HR teams or extensive resources required to handle complex workplace frameworks. Requirements around responding to requests, assessing reasonableness, funding equipment or technology, and handling potential disputes can create significant compliance challenges for employers already operating under pressure. The difference in capacity between a large corporation and a small operation means that a uniform approach might not be suitable for the diverse range of industries and workplaces in Victoria.
While the Fair Work Act requires a formal process for requests, the new bill introduces layers of bureaucracy that a small business owner might not have the time or staff to manage effectively. The challenge for these employers is not necessarily flexibility itself, but ensuring any new workplace entitlement takes into account the realities of running a business with limited resources. If the legislation forces a small business to treat an informal request with the same rigor as a formal dispute, it creates a burden that the business simply cannot sustain.
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Legislation should provide clarity and certainty while allowing employers and employees to reach arrangements that work for their particular workplace. Kalk suggests that the most effective flexible work arrangements are those that support both employee expectations and business outcomes, rather than imposing a rigid structure that ignores the operational constraints of different business sizes.
The commitment to further consultation with business stakeholders will be important in understanding the real-world impact of the proposed changes on Victorian employers. Kalk argues that the government’s willingness to reconsider the bill’s details shows that the current draft may be missing the mark. By engaging with stakeholders, officials can better understand how to tailor the legislation to fit the varied needs of the workforce without overwhelming small businesses.
Ultimately, the debate over the Work from Home Bill should move beyond the binary question of whether flexible work should exist. The focus should shift to how the laws are implemented and whether they provide a workable path forward for all parties involved. The goal should be to create a system that respects the needs of employees while protecting the viability of small businesses.
Consultation efforts might also benefit from examining how other regions manage similar transitions to flexible employment models. The process of adapting to new working conditions requires careful planning and clear guidelines to ensure stability for everyone involved. Preparing for new residency or work arrangements often mirrors the complexities of workplace policy adjustments, requiring a structured approach to manage expectations effectively.