Most Read Contributor in Australia, September 2016
All non-public sector employers with 100 or more employees are
required to complete a report about their workplace profile. The
report must be lodged with the Workplace Gender Equality Agency
(WGEA) by 31 May 2013.
This will be the case even if the employer previously had a
waiver for reporting requirements to the Equal Opportunity for
Women Agency (the old name for the WGEA).
In the report the employer must confirm that it will meet
certain notification and access requirements, namely:
employees will be notified as soon as reasonably practicable
(e.g. by message on the staff intranet, by email to all staff or
notice in the tea rooms) of the following:
a report about your organisation's workforce profile has
been lodged with the Workplace<
Gender Equality Agency in accordance with the Workplace Gender
Equality Act 2012 (Cth) (include the date of lodgement)
how they can access the report; and
the fact that they submit any comments on the report internally
or to the WGEA.
any union that has members amongst your workforce will also
receive this notice, access to the report and opportunity to
shareholders should also receive this notice, access to the
report and opportunity to comment (if a public company, this can be
achieved by including it in the annual report).
The notice could be along the following lines:
Workplace Gender Equality Report
On # 2013 [insert your company/business name]
(the Employer) lodged with the Workplace Gender Equality Agency
(WGEA) a report about its workforce profile in accordance with the
Workplace Gender Equality Act 2012 (Cth) (the Act). You can view
the report on our website [insert link] and download a copy if you
wish. You may submit any comments on the report by e-mailing them
to [insert e-mail address of relevant contact in your
company/business]. Alternatively you can submit the
comments to WGEA by completing a
comments submission form and emailing it to email@example.com.
If comments are provided to the Employer or WGEA within 28 days
of the lodgement of the report, this will allow those comments to
be taken into account by the Employer in providing additional
information to WGEA, and by WGEA in requesting additional
information to assist in assessing compliance with the Act.
You don't have to make enquiries to determine whether any of
your employees are union members.
The requirements for the 2013-2014 reporting period will change
quite significantly. We will provide more information about this
later this year.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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