WGEA Review Report

Review of the Workplace Gender Equality Act 2012, December 2021

Appendix 7 – Summary of Recommendations – what would need to be done and by whom?

Workplace Gender Equality Act 2012

Summary of WGEA Review recommendations What? Who?
1. Make it easier for employers to report to WGEA and improve collection and sharing of gender data
1.1 New Gender Data Steering Group to drive and oversee research and stakeholder consultation (including with both human resources and payroll Digital Service Providers) to identify how to:
  1. Enable WGEA to use data employers have already provided to government (such as Single Touch Payroll and other data) where possible, and
  2. Invest in a way to assist employers to extract other data from their own employer systems using a digital solution where possible.
Consult with stakeholder and research to identify legislative and digital solutions PM&C OFW
PM&C Deputy Secretary, Social Policy (in capacity as Co-Chair of new Gender Data Steering Group)
1.2 Establish a new Gender Data Steering Group under the Deputy Secretary Data Group to improve the impact of the Australian Government’s collection and use of gender data and oversee Recommendation 1.1. Set up new Gender Data Steering Group PM&C OFW
Deputy Secretary Social Policy
2. Publish organisation gender pay gaps to accelerate action to close them
2.1 Allow WGEA to publish gender pay gap information at an employer level as an overall figure and by quartile to encourage change within organisations. Individual employee pay information is not to be published. Consult on how to implement
Assess regulatory impacts
Amend
PM&C OFW
PM&C Office of Best Practice Regulation (OBPR)
In consultation with WGEA
3. Bridge the ‘action gap’ with new gender equality standards
3.1 Bridge the ‘action gap’ to strengthen the existing minimum standards to:
  1. add a new minimum standard to require relevant employers with 500 or more employees to achieve and report to WGEA on measurable genuine targets against three of the six gender equality indicators
  2. strengthen the existing minimum standards to require relevant employers with 500 or more employees to have policies or strategies that cover all six gender equality indicators (not just one policy or strategy for one GEI as currently required), and
  3. rename the minimum standards to be ‘gender equality standards.’
Consult on how to implement
Assess regulatory impacts
Amend the Workplace Gender Equality (Minimum Standards) Instrument 2014
PM&C OFW
PM&C OBPR
In consultation with WGEA
3.2 Strengthen accountability of employers to take action to improve gender equality in workplaces by amending the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) to:
  1. require employers to report the date employers share with their employees, shareholders, and/or members the gender equality reports that the employers provided to WGEA , and
  2. require employers to provide the Executive Summary report and Industry Benchmark report from WGEA to employers to their Board/Governing Body.
Amend Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) PM&C OFW
4. Reduce the regulatory burden on employers
4.1 Amend the Workplace Gender Equality Act to:
  1. Remove the ‘reporting levels to the CEOquestion. Currently employers must report on managerial distance from the CEO or equivalent
  2. Replace ‘annualised full-time equivalent figures’. Enable employers to report on actual earnings of part-time and casual employees as well as the number of hours employees are engaged, and
  3. Replace ‘proportion of workforce’ questions with ‘number of employees’ who have access to paid parental leave, and number of employees who ceased employment during or after that leave.
Amend the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) PM&C OFW
5. Support Respect@Work implementation to prevent and address workplace sex-based harassment and discrimination
5.1 Include ‘sex-based harassment and discrimination’ as a gender equality indicator in the Workplace Gender Equality Act to align the Act with its associated legislative instrument Amend Workplace Gender Equality Act 2012 PM&C OFW
6. Research the best way to collect diversity data
6.1 Research how to collect more diversity data in addition to gender data to enable voluntary reporting, including on Aboriginal and Torres Strait Islander background, cultural and linguistic diversity, and disability. Qualitative research and stakeholder consultation WGEA
7. Refine the gender equality indicators
7.1 Refine gender equality indicators to include mandatory reporting of:
  1. age (already reported voluntarily by many)
  2. primary workplace location, (already reported voluntarily by many)
  3. whether superannuation is paid by an employer when an employee is on paid, unpaid employer-funded and/or government-funded parental leave, and
  4. remuneration data for Chief Executive Officers (CEOs) or the equivalent (no information is to be published by WGEA on individual remuneration).

In line with the ABS 2020 Standard for Sex, Gender, Variations of Sex Characteristics and Sexual Orientation Variables, enable WGEA to collect data on non-binary people.

Identify the best approach to improve other aspects of gender equality indicator reporting to:

  1. require employers to report to WGEA on occupations and jobs at (ANZSCO) level 4 for non-managers
  2. include partnerships and partners in the WGEA dataset more fully in WGEA dataset, and
  3. make it mandatory for to individual entities within corporate structures to report.
Consult on how to implement
Assess regulatory impacts
PM&C OFW
In consultation with WGEA
8. Strengthen compliance and enforcement
8.1 Amend the Workplace Gender Equality Act so all relevant employers must comply with WGEA’s reporting obligations for Commonwealth grants eligibility and Commonwealth procurement participation. To support implementation of this recommendation, the Office for Women in the Department of Prime Minister and Cabinet, together with the Department of Finance and other relevant departments, will review the Workplace Gender Equality Procurement Principles. Amend Workplace Gender Equality Act 2012
Review and improve Workplace Gender Equality Procurement Principles
Develop grants policy on WGEA compliance
Jointly led by PM&C OFW and
Department of Finance
Included in consultation: DSS Community Grants Hub and DISER Business Grants Hub
9. Set WGEA up for future success to support employers to drive gender equality in Australian workplaces
9.1 The resourcing implications of WGEA Review recommendations for WGEA will require consideration by the Australian Government. Advice to Minister for Women PM&C OFW
9.2 To avoid confusion with company director roles, change the title of the ‘Director of WGEA’ to Chief Executive Officer (CEO). Amend the Workplace Gender Equality Act 2012 PM&C OFW
9.3 WGEA to review its Employer of Choice Gender Equality citation to improve its effectiveness. Review EOCGE WGEA
9.4 WGEA to continue to improve the way it supports employers improve gender equality. Review WGEA practices WGEA
10. Review the Workplace Gender Equality Act in five years from the date any legislative changes commence
10.1 Review action flowing from this WGEA Review five years from the commencement of any legislative reform. Conduct a review PM&C OFW