Proposed changes to gender equality reporting requirements

Proposed legislation introduced into the Commonwealth Parliament would make two key changes to gender equality reporting requirements:

Require employers with 100 or more employees to lodge yearly reports with the Workplace Gender Equality Agency (WGEA) containing a strategy against gender equality indicators. Currently, only employers with 500 or more employees are required to address the gender equality indicators.
Require employers with 500 or more employees to select and meet action targets in a 3-year period that support their policies or strategies.

The gender equality indicators are designed to improve gender equality in workplaces, and include numeric and action targets.

Action targets seek improvement in gender equality in the workplace, including in relation to:

gender composition of the workforce and the governing body;
remuneration;
flexible work arrangements and support for employees with caring responsibilities; and
sexual harassment, harassment on the ground of sex or discrimination.

Example action targets are illustrated in the following table:

Targets for flexible work arrangements and support for employees with caring responsibilities	Targets for sexual harassment, harassment on the ground of sex or discrimination
– An ‘opt out’ approach where employees who do not wish to take their full paid parental leave entitlement must discuss this with their manager – Full salary replacement rate of pay, independent of any entitlement taken under the statutory paid parental leave scheme – No service period qualifications apply – Superannuation contributions are paid for carers while they are on paid parental leave – Superannuation contributions for carers are paid while they are on unpaid parental leave – Breastfeeding facilities – Onsite childcare – Employer subsidised childcare – Internal support network for carers – Support for employees by securing priority places at local care centres	– Leadership accountabilities and responsibilities for prevention and response to sexual harassment – Manager and non-manager training on respectful workplace conduct and sexual harassment – Process to disclose, investigate and manage any sexual harassment – Processes relating to the use of non-disclosure or confidentiality agreements – Frequency and nature of reporting to the governing body and management on sexual harassment – Access to trained, trauma-informed support staff/contact officers – Confidential external counselling – Protection from adverse action based on disclosure of sexual harassment and discrimination – System for monitoring outcomes of sexual harassment and discrimination disclosures, including employment outcomes for those impacted by sexual harassment and the respondent – Annual reporting to key management personnel and the governing body of identified risks of your workplace with regards to sexual harassment, nature of workplace sexual harassment, including analysis of sexual harassment trends and reporter/respondent profiles, outcome of disclosures of sexual harassment, and use of non-disclosure agreements or confidentiality clauses

Targets for flexible work arrangements and support for employees with caring responsibilities

Targets for sexual harassment, harassment on the ground of sex or discrimination

– An ‘opt out’ approach where employees who do not wish to take their full paid parental leave entitlement must discuss this with their manager
– Full salary replacement rate of pay, independent of any entitlement taken under the statutory paid parental leave scheme
– No service period qualifications apply
– Superannuation contributions are paid for carers while they are on paid parental leave
– Superannuation contributions for carers are paid while they are on unpaid parental leave
– Breastfeeding facilities
– Onsite childcare
– Employer subsidised childcare
– Internal support network for carers
– Support for employees by securing priority places at local care centres

– Leadership accountabilities and responsibilities for prevention and response to sexual harassment
– Manager and non-manager training on respectful workplace conduct and sexual harassment
– Process to disclose, investigate and manage any sexual harassment
– Processes relating to the use of non-disclosure or confidentiality agreements
– Frequency and nature of reporting to the governing body and management on sexual harassment
– Access to trained, trauma-informed support staff/contact officers
– Confidential external counselling
– Protection from adverse action based on disclosure of sexual harassment and discrimination
– System for monitoring outcomes of sexual harassment and discrimination disclosures, including employment outcomes for those impacted by sexual harassment and the respondent
– Annual reporting to key management personnel and the governing body of identified risks of your workplace with regards to sexual harassment, nature of workplace sexual harassment, including analysis of sexual harassment trends and reporter/respondent profiles, outcome of disclosures of sexual harassment, and use of non-disclosure agreements or confidentiality clauses

Once employers with 500 or more employees have set their targets, they will report to the WGEA on progress as part of their normal reporting submission. Achievement will be assessed at the end of the 3-year cycle.

If an employer is found non-compliant, the WGEA may publicly name them.