Victoria’s landmark work from home laws have been labelled a “scam” by the outspoken leader of the Libertarian Party, after leading constitutional lawyers warned the proposed laws are likely to be struck down by the High Court.
New independent legal advice given to The Property Council has raised questions over the constitutional validity of the government’s work from home bill. The lawyers found the bill, which has already passed the lower house, is likely unconstitutional and would be ineffective if it passed parliament.
Be the first to know when news breaks. Download our new app
Victorian upper house and Libertarian MP David Limbrick told news.com.au he thinks the proposed work from home laws, which would give workers the right to work from home two days a week, are a “scam”.
MORE: Best WFH jobs in Australia revealed
“Very good lawyers tell us they are unconstitutional and won’t survive a High Court challenge,” Mr Limbrick said.
“I have called it Comm Games 2.0, because it is another promise the Government can’t keep, and it will end up costing Victorians many millions of dollars.”
The Victorian government controversially walked away from its hosting commitments of the 2026 Commonwealth Games in 2023 due to projected cost blowouts.
The government spent $589 million of taxpayers’ funds on sunk costs and legal compensation, including about $194 million to Glasgow organisers where the games ended up being held.
MORE: 5 ways to make working from home better
In a video posted to his social media, Mr Limbrick claimed the proposed work from home laws were another example of a government “scam”.
“You got scammed, basically, they promised something that they couldn’t deliver. And now they’re doing it again,” he said.
Mr Limbrick said protecting the right to work from home had worked for the Labor Party against former Coalition leader Peter Dutton in the federal election, where he eventually abandoned an unpopular plan to restrict work from home for public sector employees.
“Now the Liberal Party in Victoria are too timid to oppose it. Neither Party cares about the cost,” Mr Limbrick said.
“If the Government thinks this will survive a court challenge, they need to publish the advice.”
The Coalition has said it supports working from home and will not oppose the bill, but proposed amendments to the laws.
‘Sold a lemon’: Legal advice finds WFH laws likely unconstitutional
Legal advice given to The Property Council found the bill was likely to be found inconsistent with the federal Fair Work Act if it was legislated and would be rendered invalid under section 109 of the Constitution.
The section states that federal law overrides state law when the two are inconsistent, with the state law invalid to the extent of the inconsistency.
“In our view, the WFH Bill is inconsistent with the Fair Work Act, and will therefore be inoperative if it is enacted,” lawyers Nick Wood SC and Leigh Howard advised the Property Council.
“There would be no question of whether or not part of the WFH Bill is able to be preserved; the entire scheme that is established by the WFH Bill would be inoperative.”
The lawyers also raised multiple areas of constitutional concern with the bill, including that it would create a potentially unfair, two-tiered system for workers.
“The Victorian Parliament’s artificial attempt to avoid inconsistency with the Fair Work Act by locating the right within the Equal Opportunity Act will not save it,” the lawyers said in their advice.
Property Council Victorian executive director Cath Evans said it was critical the government released any legal advice it had received on the validity of the bill.
“On the basis of the legal advice we have received, the Victorian public is being sold a very costly lemon,” she said.
“Businesses need certainty, not another layer of regulation that will end up before the High Court and with a high probability of being struck down.”
Labor promises to pass WFH laws this week
Victoria’s new Premier Ben Carroll has pushed back the start of the proposed work from home laws to July 1, 2027.
The laws, which were first flagged by former premier Jacinta Allan last year, were originally supposed to come into effect on September 1.
The government estimates workers could save up to $5,000 a year by taking full advantage of the policy.
On Monday, Mr Carroll said the laws would pass through the state’s upper house this week.
“Work from home works, that’s the message I’ve heard loud and clear,” he said.
“But these laws need to work for business, too. Because the reality is if it’s not practical for employers, the laws won’t last.
“I’ve made some sensible amendments to these laws to make them practical and affordable for businesses, while preserving the rights of workers.”
The Premier said work from home would attract the “best talent” to Victoria and get women back into the workforce.
A Victorian government spokesperson told news.com.au the government was focused on getting the balance right.
“Work from home works for families — it supports parents getting back into work, it supports productivity, and it’s here to stay,” the spokesperson said.
“But, we’ve also been clear we would listen to business about where commonsense adjustments may be needed.
“We’re focused on getting the balance right for business and working people. We have met with business groups and we will continue to work through sensible changes to the legislation.”
Read related topics:Melbourne