Independent legal advice casts doubt on the constitutional validity of Victoria’s proposed Equal Opportunity Amendment (Work from Home) Bill 2026, suggesting it may clash with the Commonwealth Fair Work Act and could be struck down under section 109 if enacted.

The Labor government faces mounting business pressure over investment and job migration, with some employer groups threatening a High Court challenge if the bill passes.

Constitutional experts warn the bill is likely inoperative once enacted because it would conflict with existing national law.

Amendments tighten employer obligations around essential hardware, software, and secure IT access costs.

Legislative timeline shifts push the general implementation to July 1, 2027 and small-business applicability to January 1, 2028, with an extended delay and adjusted feasibility criteria.

Premier Carroll says the amendments balance economic needs with worker rights, aiming for laws that work for both sides.

New amendments let businesses assess a material adverse impact of work-from-home requests (lowered from significant adverse impact) and extend employee response to 28 days.

Concerns and abstentions raised by Animal Justice Party MP Georgie Purcell about timing and circulated amendments.

Governing amendments broaden grounds to refuse WFH, strengthen OH&S management, tighten cost definitions, and empower the Victorian Equal Opportunity and Human Rights Commission to dismiss frivolous complaints.

A committee report is expected by October 20, potentially allowing a sitting day before caretaker mode ahead of the November 28 election.

Political dynamics show Premier Carroll gaining a political advantage while the opposition may capitalize on Labor’s setback.

The amendment has crossbench and Coalition support, but Labor and Greens oppose; other independents and party members back referral to a committee.