Large non-government employers will be required in May 2014 to lodge reports on the gender make-up and pay equity of their workforces, after the passage through the Senate last night of the Government's workplace gender equality legislation.
The Equal Opportunity for Women in the Workplace (EOWW) Amendment Bill 2012 provides for organisations that employ more than 100 people to comply with limited reporting requirements next May for the year to March 31, which reflect the obligations under the old Act.
For the following 12-month period (to March 31, 2014), however, large employers must prepare and lodge public reports which fully comply with the legislation, particularly on defined gender equality indicators.
These indicators include gender composition of their workforce and governing bodies; total remuneration paid to women and men during the reporting period; the availability and usage of flexible working arrangements and arrangements supporting employees with family or caring responsibilities; and the level of consultation with employees on gender equality issues within the workplace (see the equal opportunity agency's guidance on the new reporting obligations).
Employers will be required to make these reports available to employees and shareholders and to notify relevant unions when the information is provided. Unions and employees will be given an opportunity to comment on the information.
Employers will face sanctions under the new legislation for providing false or misleading information in reports or failing to comply with the new reporting requirements.
The Government rejected an attempt by the Coalition in the Senate to remove the capacity of Minister for the Status of Women, Julie Collins, to introduce regulations to set industry-specific minimum standards by April 2014.
The legislation (see the explanatory memorandum), to be called the Workplace Gender Equality Act 2012, provides for the Equal Opportunity for Women in the Workplace Agency to be renamed the Workplace Gender Equality Agency and for its powers to be strengthened.
Coverage of the legislation will also be expanded to include men as well as women, particularly for caring responsibilities.
The Government staved off an attempt by the Coalition in the Senate to remove the capacity of Minister for the Status of Women Julie Collins to introduce regulations to set industry-specific minimum standards by April 2014.
Senator Wong toldthe Senate that the Coalition's proposed amendments would remove the "assurance of a disallowable instrument" sought by business representatives during the Bill's consultation process.
She said that the legislation required the Minister to consult with "appropriate organisations and persons, and in considering the consultation the minister will consider the nature of the instrument".
Senator Penny Wong said the Government had also taken on board requests by businesses to be able to electronically complete the new reporting requirements brought into effect by the legislation (see Related Article).
"Businesses will be able to complete and submit reports online using a secure web portal. This is a change that has been sought by the business community as it will save them time and money, "she said.
Greens Senator Lee Rhiannon told the Senate that the Coalition's "red tape" amendments provided a "window into the coalition's policy for women and what a setback it would be for women if we ended up with an Abbott-led government".
She said that there "is a lot of heavy lifting to be done to remove all the discrimination. Tonight provides a very small step, a small bit of lifting, and the coalition could not even come on board for that."
"Senator [Michaelia] Cash's red tape complaints just do not stand up. The legislation before us puts minimal requirements on business," she said.
Speaking in support of the proposed legislation yesterday ahead of its passage, Senator Wong said the Government was confident the legislation would play a significant part in closing the gap between men's and women's workforce participation.
"It has been estimated that closing the gap between men's and women's workforce participation could boost GDP by 13% and through improved workplace participation and workplace flexibility for women the reforms are also expected to improve productivity and to contribute to addressing current and future skill shortages."
ACTU welcomes "a good start"
The ACTU welcomes the new legislation, but warns that there is a long way to go before improved gender equality in workplaces will be achieved.
“This bill is a good start but there are a lot of details to be worked out, and the union movement will continue to work to ensure that the reporting system and benchmarks are as rigorous as possible,” said president Ged Kearney.
"We cannot be complacent and expect that gender equality will just happen, we need to keep working to remove the barriers that stop women being full participants in the workplace."
Kearney said the previous legislation did not accurately monitor the position of women in workplaces in terms of job classifications, total remuneration, and employer policies and practices to overcome inequality.
Sex Discrimination Commissioner says Act will boost equal pay campaign
Sex Discrimination Commissioner Elizabeth Broderick said that "recognition in the Act of equal remuneration strengthens capacity for closing the gender pay gap”.
"Enabling greater participation of women in the workforce will also make a significant contribution to strengthening Australia’s productivity."
Commissioner Broderick said the new measuring and reporting frameworks will strengthen the capacity of the Act and the Agency to promote gender equality in workplaces.
Equal Opportunity for Women in the Workplace Amendment Bill 2012
Second reading speech by Minister for the Status of Women Julie Collins, March 1, 2012