5 ways to make working from home better<\/a><\/p>\nIn a video posted to his social media, Mr Limbrick claimed the proposed work from home laws were another example of a government \u201cscam\u201d.<\/p>\n
\u201cYou got scammed, basically, they promised something that they couldn\u2019t deliver. And now they\u2019re doing it again,\u201d he said.<\/p>\n
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.<\/p>\n
\u201cNow the Liberal Party in Victoria are too timid to oppose it. Neither Party cares about the cost,\u201d Mr Limbrick said.<\/p>\n
\u201cIf the Government thinks this will survive a court challenge, they need to publish the advice.\u201d<\/p>\n
The Coalition has said it supports working from home and will not oppose the bill, but proposed amendments to the laws.<\/p>\n
\u2018Sold a lemon\u2019: Legal advice finds WFH laws likely unconstitutional<\/p>\n
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. <\/p>\n
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.<\/p>\n
\u201cIn our view, the WFH Bill is inconsistent with the Fair Work Act, and will therefore be inoperative if it is enacted,\u201d lawyers Nick Wood SC and Leigh Howard advised the Property Council.<\/p>\n
\u201cThere 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.\u201d<\/p>\n
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.<\/p>\n
\u201cThe Victorian Parliament\u2019s artificial attempt to avoid inconsistency with the Fair Work Act by locating the right within the Equal Opportunity Act will not save it,\u201d the lawyers said in their advice.<\/p>\n
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.<\/p>\n
\u201cOn the basis of the legal advice we have received, the Victorian public is being sold a very costly lemon,\u201d she said.<\/p>\n
\u201cBusinesses need certainty, not another layer of regulation that will end up before the High Court and with a high probability of being struck down.\u201d<\/p>\n
Labor promises to pass WFH laws this week<\/p>\n
Victoria\u2019s new Premier Ben Carroll has pushed back the start of the proposed work from home laws to July 1, 2027.<\/p>\n
The laws, which were first flagged by former premier Jacinta Allan last year, were originally supposed to come into effect on September 1.<\/p>\n
The government estimates workers could save up to $5,000 a year by taking full advantage of the policy.<\/p>\n
On Monday, Mr Carroll said the laws would pass through the state\u2019s upper house this week.<\/p>\n
\u201cWork from home works, that\u2019s the message I\u2019ve heard loud and clear,\u201d he said.<\/p>\n
\u201cBut these laws need to work for business, too. Because the reality is if it\u2019s not practical for employers, the laws won\u2019t last.<\/p>\n
\u201cI\u2019ve made some sensible amendments to these laws to make them practical and affordable for businesses, while preserving the rights of workers.\u201d<\/p>\n
The Premier said work from home would attract the \u201cbest talent\u201d to Victoria and get women back into the workforce.<\/p>\n
A Victorian government spokesperson told news.com.au the government was focused on getting the balance right.<\/p>\n
\u201cWork from home works for families \u2014 it supports parents getting back into work, it supports productivity, and it\u2019s here to stay,\u201d the spokesperson said.<\/p>\n
\u201cBut, we\u2019ve also been clear we would listen to business about where commonsense adjustments may be needed.<\/p>\n
\u201cWe\u2019re 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.\u201d <\/p>\n
Read related topics:Melbourne<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Victoria\u2019s landmark work from home laws have been labelled a \u201cscam\u201d by the outspoken leader of the 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