How do I know if my workplace is meeting its obligations under the Workplace Gender Equality Act?

Here's how to determine if your workplace is meeting its obligations under the Workplace Gender Equality Act 2012, explained in plain English and with more detail:

In Plain English

Basically, if your company has 100 or more employees, it needs to report annually to the Workplace Gender Equality Agency (WGEA) on several "gender equality indicators." These indicators cover things like the gender makeup of the workforce, equal pay, flexible work arrangements, and how the company handles sexual harassment.

For larger companies (500+ employees), called "designated relevant employers", there are additional requirements. They need to set measurable targets for improving gender equality and show progress towards those targets. The government also sets "gender equality standards" that these larger companies need to meet, mainly around having policies and strategies in place to support gender equality.

The WGEA can review your company's reports and ask for more information. If a company isn't meeting its obligations, the WGEA can name them publicly.

Detailed Explanation

The Workplace Gender Equality Act 2012 sets out several requirements for "relevant employers," which are generally those with 100 or more employees. Here's a breakdown of how to assess compliance:

1. Reporting Obligations:

• Annual Reports: Relevant employers are required to lodge public reports annually with the Workplace Gender Equality Agency (WGEA) (Workplace Gender Equality Act 2012, [Chunk 2]). These reports must include information about "gender equality indicators" (Workplace Gender Equality Act 2012, [Chunk 2]).
• Gender Equality Indicators: The specific matters that must be reported on in relation to each gender equality indicator are detailed in the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023. These indicators cover:
  • Gender composition of the workforce (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 6).
  • Gender composition of governing bodies (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 7).
  • Equal remuneration between women and men (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 8).
  • Availability and utility of flexible working arrangements and support for employees with family or caring responsibilities (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 9).
  • Consultation with employees on gender equality issues (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 10).
  • Sexual harassment, harassment on the ground of sex, or discrimination (Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023, section 11).

2. Obligations for Designated Relevant Employers (DREs):

• Definition: A "designated relevant employer" is a relevant employer that employs 500 or more employees (Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, section 4A).
• Setting Gender Equality Targets: DREs must select gender equality targets for a three-year "target cycle" (Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, section 17A).
• Meeting or Improving Against Targets: At the end of the target cycle, the DRE must have either met each selected target or demonstrated improvement against the target in the public report for the final year of the target cycle, compared to the baseline report (Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, section 17C).
• Ministerial Gender Equality Targets: The Minister sets the gender equality targets and rules for their selection via legislative instrument (Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, section 17B). The Workplace Gender Equality (Gender Equality Targets) Instrument 2025 specifies these targets.
• Gender Equality Standards: DREs must have in place policies or strategies to support each gender equality indicator, aiming to achieve the objectives specified for each indicator (Workplace Gender Equality (Gender Equality Standards) Instrument 2023, section 6).

3. Review and Compliance:

• Agency Review: The WGEA can review a relevant employer's compliance with the Workplace Gender Equality Act 2012 and can request further information (Workplace Gender Equality Act 2012, section 19A).
• Failure to Comply: A relevant employer is considered to have failed to comply with the Workplace Gender Equality Act 2012 in various circumstances, including:
  • Failure to lodge a public report on time (Workplace Gender Equality Act 2012, section 19D).
  • Providing false or misleading information (Workplace Gender Equality Act 2012, section 19B).
  • Failure to comply with a request for information from the Agency (Workplace Gender Equality Act 2012, section 19D).
  • For DREs, failure to select gender equality targets or to meet/improve against them (Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, section 17C).
  • Failure by the CEO of a relevant employer to provide executive summary reports or industry benchmark reports to the governing body (Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, section 19CA).
• Consequences of Non-Compliance: If a relevant employer fails to comply with the Workplace Gender Equality Act 2012, the Agency may name the employer in a report to the Minister or by electronic or other means (e.g., on the Agency's website) (Workplace Gender Equality Act 2012, section 19D).

In summary, to ensure your workplace is meeting its obligations:

1. If you have 100+ employees, ensure you are lodging annual reports with WGEA that accurately address all gender equality indicators.
2. If you have 500+ employees, make sure you are selecting appropriate gender equality targets, implementing policies and strategies to support gender equality, and demonstrating progress.
3. Respond promptly and accurately to any requests for information from the WGEA.
4. Ensure the CEO provides executive summary reports and industry benchmark reports to the governing body.