The Australian Government has passed legislation to retain and improve the Equal Opportunity for Women in the Workplace Act 1999 (Cth) and the Equal Opportunity for Women in the Workplace Agency. The new Act is called the Workplace Gender Equality Act 2012 (Cth) (the Act) and the Agency has been replaced by the Workplace Gender Equality Agency (the Agency), with a Director of Workplace Gender Equality.
The new legislation aims to strengthen the Act and the Agency's focus on gender equality and extends its coverage to include men, while also increasing reporting obligations for employers (including higher education institutions that are employers and non-public sector organisations with 100 or more employees).
Reporting
The new system removes the requirement on employers to provide descriptions of their policies and programs regarding gender equality. Instead, there will be a genuine focus on improving outcomes over time. The new reporting framework will be phased in over a 2 year period.
If a relevant employer's number of employees falls below 100, it must continue to report until employee numbers fall below 80. The reporting period under the Act refers to the 12 months from 1 April to 31 March, with reports being due between 1 April and 31 May.
For the reporting period 1 April 2012 to 31 March 2013, relevant employers will be required to prepare a public report which sets out the employer's workplace profile and to comply with limited parts of the new framework.
For the reporting period commencing on 1 April 2013 and onwards, a relevant employer must prepare and lodge a public report containing information relating to the employer and to the gender equality indicators. The report must be signed off by the employer's CEO.
The annual report must be made accessible to employees, shareholders and unions include details of the following gender equality indicators:
- gender composition of the workforce;
- gender composition of governing bodies of relevant employers (board of directors, management committee etc);
- equal remuneration between women and men;
- availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities; and
- consultation with employees on issues concerning gender equality in the workplace.
Employers will be required to notify employees, shareholders and unions when a report has been lodged, and how they can access it. For the first time under this Act, employers will be required to report on the composition of their boards.
The Minister for the Status of Women, Julie Collins MP said in relation to the introduction of the new Act, "With the gender pay gap in Australia sitting at just under 18 per cent, the focus on equal pay is particularly important."
Compliance
Failure to comply with the reporting requirements may result in the naming of companies in reports to the relevant minister, or publication in national newspapers. Failure to report may affect a company's eligibility to compete for contracts under the Commonwealth procurement framework.
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