HIA Executive Director Victoria, Keith Ryan, said the proposal represents a “one size fits all” approach that fails to acknowledge the operational realities of industries such as residential construction where there are large numbers of small businesses.

“We agree that flexible work arrangements can play an important piece in supporting workforce participation. 

“However, the Victorian Government’s use of anti-discrimination laws is a cynical attempt to circumvent existing federal laws which provide a framework for employers and employees to establish effective working from home arrangements. It is an attempt that may not succeed though the Courts, who are unlikely to have a chance to decide this until after the next Victorian election.

“These changes would create obligations that simply don’t reflect how businesses operate. For home builders, this would add unnecessary compliance pressure and complexity at a time when many employers are already under significant strain.

“With Victoria facing a housing shortage, HIA argues that government policy should be focused on driving productivity and removing unnecessary barriers to business—not creating new layers of workplace regulation and more opportunities for disputes between employers and employees - without clear evidence of need.

“Our recent Small Business Conditions Survey shows that around 75 per cent of small business members are considering scaling back, relocating or closing due to the high regulatory burden of operating in Victoria. This rushed announcement only reinforces the perception that Victoria is not open for business - particularly small business,” Mr Ryan said.

“Employers and employees already have functioning processes in place to manage work from home requests, and that the Productivity Commission has concluded there is no clear need for a legislated right to work from home.

“HIA also has concerns about the proposal to embed the new right to work from home within the Equal Opportunity Act, which would place responsibility on the Victorian Equal Opportunity and Human Rights Commission to determine whether a job can reasonably be performed from home. The Commission should be allowed to concentrate on resolving disputes about important human rights.     

“It is unclear why the government is rushing this reform when there is no demonstrated urgency. Victoria should focus on delivering more homes, addressing integrity issues in the construction sector and critically ensuring the state returns to being an attractive place to operate a business - not introducing unnecessary regulation.

“The Victorian government needs to understand that any right to work from home is only useful if you have a job. The main impact of this reform would be to ensure that more people are home but without work,” concluded Mr. Ryan.

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