Small businesses will not be carved out of an Australian-first legal right to work from home as a state stares down a backlash.<\/p>\n
All businesses will be roped into the Victorian government’s policy to legislate a right for employees to work from home two days a week if they reasonably can, Premier Jacinta Allan announced on Tuesday.<\/p>\n
She said an exemption would be considered for small businesses when launching a consultation period in August.<\/p>\n
While the legislation is still being drafted, the “key detail” was ticked off in a meeting of cabinet on Monday.<\/p>\n
“People want to see their right to work from home protected because it’s at risk,” Ms Allan told reporters on Tuesday.<\/p>\n
“It’s at risk from employers who are … refusing requests to work from home for people who can.”<\/p>\n
Council of Small Business Organisations Australia chair Matthew Addison said the non-exemption would create a cost and compliance burden for all businesses, including “mum and dad” operators and sole traders with as few as one employee.<\/p>\n
“Small business don’t have a team of lawyers to interpret this,” he told AAP.<\/p>\n
“They are already saying they lose a day a week on red tape – here’s some more red tape for them.”<\/p>\n
Sections of Victoria’s business and investment community have expressed a sentiment that the state is not business-friendly enough, spawning a catchcry of “Anywhere But Melbourne”.<\/p>\n
The premier firmly pushed back on that assessment, declaring the state Labor government had slashed red tape and reduced 64 taxes.<\/p>\n
Mr Addison said the election-year legislation appeared to “appeal to part of the population (but) not another part”.<\/p>\n
“This will hurt Victorian employers being able to employ so it’s going to hurt Victorian business,” Mr Addison said.<\/p>\n
“We don’t believe there is an appetite for it to spread (nationally) … this is unnecessary.”<\/p>\n
Section 109 of the Australian Constitution dictates that if a state law conflicts with a Commonwealth law, the latter prevails.<\/p>\n
Ms Allan has repeatedly pushed back against claims the move may not be legal, pointing to advice about an “explicit provision” in the Fair Work Act for state-based anti-discrimination laws.<\/p>\n
“We have advice that it is constitutionally valid,” she said.<\/p>\n
“But let’s be clear, what does it say about someone who wants to race off to the High Court to strip away a worker’s right to work from home.”<\/p>\n
When the proposal was first unveiled, now federal shadow treasurer Tim Wilson labelled it “professional apartheid”.<\/p>\n
Victorian Opposition Leader Jess Wilson has signalled broad support for flexible work arrangements while awaiting the detailed legislation.<\/p>\n","protected":false},"excerpt":{"rendered":"
Small businesses will not be carved out of an Australian-first legal right to work from home as a state stares down a backlash. All businesses will be roped into the Victorian government’s policy to legislate a right for employees to work from home two days a week if they reasonably can, Premier Jacinta Allan announced […]<\/p>\n