As we mentioned in our previous Legal Insight, the Workplace Gender Equality Act 2012 (Cth) (WGE Act) has now replaced the Equal Opportunity for Women in the Workplace Act 1999 (Cth) and established the Workplace Gender Equality Agency (WGEA). The role of the WGEA is to ensure that employers regulated by the new legislation comply with their obligations.
The WGE Act imposes annual reporting standards for private sector employers that employ 100 employees or more and is focused on "promoting and improving gender equality and outcomes for both women and men in the workplace."
Employers affected by the WGA Act are required to submit their reports for the 2013–2014 reporting period to the WGEA between 1 April 2014 and 31 May 2014. The 2013–2014 reporting period is the 12 month period ending 31 March 2014.
These due dates are fast approaching and affected employers should be preparing to comply with these reporting obligations.
What are Your Obligations Under the WGE Act?
Under the WGE Act, affected employers are required to complete an annual workplace profile and report information relating to six standardised gender equality indicators (GEIs).
The workplace profile is designed to show the composition of an organisation's workforce by collecting information on:
- gender
- employment status (full-time/part-time and permanent/contract/casual)
- classification of managers and non-managers based on standardised occupational categories
- managers' reporting level to the CEO
- remuneration for managers and non-managers.
In addition to completing a workplace profile, affected employers are required to report information against the following GEIs:
- gender composition of the workforce
- gender composition of governing bodies of relevant employers
- 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
- consultation with employees on issues concerning gender equality in the workplace
- sex based harassment and discrimination.
These GEIs will soon transition in to a number of 'minimum standards' to be set annually by the Minister for the Status of Women in consultation with the WGEA. The 'minimum standards' will apply from the 2014 - 2015 reporting period onwards.
Notification and Access Requirements
The WGE Act also contains notification and access obligations with respect to WGE Act reports. As a result, affected employers will need to notify employees, members or shareholders as soon as practicable that the report has been publically lodged and provide them with access to the report. Further, employee organisations that have members in the workplace (ie trade unions) must be notified that the report has been lodged within seven days of the lodgement occurring.
Affected employers must also provide employees and employee organisations with members in its workplace with an opportunity to comment on the report. Any comments made to the WGEA by an employee or employee organisation may be used to determine whether a relevant employer has been compliant with the WGE Act.
Complying with the WGE Act and Your Reporting Obligations for 2013–2014
In order to achieve WGE Act compliance an affected employer must ensure it:
- lodges a properly completed report, signed by its CEO, before 31 May 2014
- complies with the notification and access requirements following lodgement of the report
- provides the WGEA with further information when asked to do so
- provides accurate and truthful information in the report and to the WGEA, if required.
Reporting can be completed through the WGEA's online portal, accessible via https://www.wgea.gov.au/.
Employers that fail to take these necessary steps are likely to be in breach of the WGE Act and face penalties including being:
- publicly named on the WGEA website
- reported to the Minister
- precluded from tendering for state or commonwealth procurement contracts
- precluded from receiving financial assistance from the government.
Importantly, employers should also be aware the WGE Act does not affect the operation of existing legislation. Employers who unlawfully discriminate against employees on the basis of gender may be subject to financial penalties under the Fair Work Act 2009 (Cth) or ordered to pay compensation under the Sex Discrimination Act 1984 (Cth) or applicable state legislation.
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.
