The Victorian Government has announced a new plan to legislate working from home, but legal experts warn it could clash with federal laws.
So, is the Australian first proposal just a quick grab for votes or could this give workers new rights?
On Tuesday afternoon’s episode of The Briefing, we sat down with employment lawyer Graeme Watson, who unpacks the legal ramifications of this controversial new move and your legal rights as an employee.
Watson said there was not enough detail yet.
“It’s very hard to say… there’s been an announcement, but not a lot of detail as to how it could happen,” he said.
He explained that workplace laws are mostly governed by the federal Fair Work Act.
“Employment is really governed by the federal jurisdiction… and there are very comprehensive laws under the Fair Work Act,” he added.
Watson said that Victoria’s plan may not stand up legally, and it may become a “direct clash”.
“We have a provision of the Constitution that says that federal laws prevail over any inconsistent state laws,” Watson said.
Under the Fair Work Act, employees can already request flexible work arrangements, including working from home.
Employers must consider these requests and cannot reject them without a valid business reason.
“An employer that simply says no or doesn’t even respond to a request can’t expect to have that position upheld.”
Watson believes most issues should be resolved through dialogue.
“You like to think that employers and employees don’t get wrapped up in large legal wrangles… that might benefit the lawyers, but who else does it really benefit?”
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