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Other as amended, taking into account amendments up to Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1)
Administered by: Prime Minister and Cabinet
Registered 01 Apr 2015
Start Date 01 Apr 2015

 

 

Description: Commonwealth Coat of Arms

 

Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)

as amended

made under subsections 3(1A) and 13(3) of the

Workplace Gender Equality Act 2012

Compilation start date:                      1 April 2015

Includes amendments up to:              Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1)

 

 


About this compilation

This compilation

This is a compilation of the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) as in force on 1 April 2015. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 30 March 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.


Contents

Part 1—Preliminary                                                                                                                         1

1             Name of instrument............................................................................. 1

2             Commencement................................................................................... 1

3             Authority............................................................................................. 1

4             Schedules............................................................................................ 1

5             Definitions.......................................................................................... 1

Schedule 1—Matters in relation to each gender equality indicator                                             3

           Gender Equality Indicator 1—gender composition of the workforce.. 3

           Gender Equality Indicator 2—gender composition of governing bodies of relevant employers               3

3             Gender Equality Indicator 3 – equal remuneration between women and men           3

           Gender Equality Indicator 4—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.................................................................................... 4

           Gender Equality Indicator 5—consultation with employees on issues concerning gender equality in the workplace  5

           Gender Equality Indicator 6—sex-based harassment and discrimination 5

Endnotes                                                                                                                                           6

Endnote 1—About the endnotes                                                                                                6

Endnote 2—Abbreviation key                                                                                                   7

Endnote 3—Legislation history                                                                                                 8

Endnote 4—Amendment history                                                                                               9

Endnote 5—Uncommenced amendments [none]                                                                     10

Endnote 6—Modifications [none]                                                                                           10

Endnote 7—Misdescribed amendments [none]                                                                       10

Endnote 8—Miscellaneous [none]                                                                                          10

 


Part 1—Preliminary

  

1                 Name of instrument

                   This instrument is the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1).

2                 Commencement

             (1)       Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 5 and Schedule 1

1 April 2013.

2.  Schedule 2

1 April 2015.

 

Note:         This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3                 Authority

                   This instrument is made under subsections 13(3) and 3(1A) of the Workplace Gender Equality Act 2012.

4                 Schedules

                   The gender equality indicators and matters specified in relation to each indicator are set out in Schedule 1 to this instrument. Schedule 2 sets out amendments to Schedule 1 which apply from 1 April 2015.

5                 Definitions

                   In this instrument:

Act means the Workplace Gender Equality Act 2012.

employment status means employment on a:

(a)                part-time;

(b)                full-time;

(c)                permanent/ongoing;

(d)                casual; or

(e)                fixed-term contract/non-ongoing;

basis, but does not include employment on a contract for services basis.

gender equality indicators has the meaning given by subsection 3(1) of the Act.

governing body has the meaning given by subsection 3(1) of the Act.

key management personnel means those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly, including any director (whether executive or otherwise) of that entity, in accordance with Australian Accounting Standards Board AASB124.

manager means each of the following:

(a)                Chief Executive Officer (CEO) or equivalent;

(b)                key management personnel; and

(c)                other managers.

non-manager means each of the following:

(a)                professionals;

(b)                technicians and trade employees;

(c)                community and personal service employees;

(d)                clerical and administrative employees;

(e)                sales employees;

(f)                 machinery operators and drivers;

(g)                labourers;

(h)                graduates;

(i)                  apprentices; and

(j)                  other non-managers.

relevant employer has the meaning given by subsection 3(1) of the Act.

Unless words are defined to the contrary in the definitions they have the same meaning as the Act.

 


Schedule 1—Matters in relation to each gender equality indicator

 

1                 Gender Equality Indicator 1—gender composition of the workforce

 

                   Each relevant employer is to report on the gender composition of its workforce.

 

                   Matters that must be included in the report

 

1.1    Disaggregated data by gender on workforce profile is required on:

         1.1.1                employment status;

         1.1.2                managers, including distance from the CEO or equivalent; and

         1.1.3                non-managers.

1.2    The existence of strategies or policies to support gender equality.

1.3    The composition of applicants appointed to positions by gender and by manager/non-manager.

1.4    The number and proportion of employees awarded promotions by gender, employment status and manager/non-manager.

1.5    The number and proportion of employees who have resigned by gender, employment status and manager/non-manager.

 

2                 Gender Equality Indicator 2—gender composition of governing bodies of relevant employers

 

                   Each relevant employer is to report on the gender composition of its governing bodies. 

 

                   Matters that must be included in the report

 

2.1    The existence of a governing body.

2.2    The profile of the governing body including number of members and chairpersons by gender where the relevant employer has a governing body.

2.3    The targets, if any, that have been set for the gender composition of the governing body.

2.4    The existence of a selection policy or strategy for governing body members.

3                 Gender Equality Indicator 3 – equal remuneration between women and men

 

Each relevant employer is to report on the remuneration of managers, including distance from the CEO or equivalent, and non-managers.

In this clause 3, a manager does not include:

(a)    key management personnel with a reporting distance above the CEO or equivalent;

(b)   the CEO or equivalent; or

(c)    a casual manager.

 

Matters that must be included in the report

 

3.1    Disaggregated data regarding the remuneration profile of managers and non-managers by gender and by workplace profile categories including:

         3.1.1    annualised average full-time equivalent base salary; and

3.1.2    annualised average full-time equivalent total remuneration, except for remuneration components paid on a non-pro-rata or fixed-amount basis; and

3.1.3    a fixed total remuneration amount for remuneration components     paid on a non-pro-rata or fixed-amount basis.

3.2    The existence of a remuneration policy or strategy.

3.3    The gender pay equity objectives, if any, which are included in the remuneration policy or strategy.

3.4    Whether any gender remuneration gap analysis has been undertaken and, if so, when.

3.5    The actions taken, if any, as a result of a gender remuneration pay analysis.

 

4                 Gender Equality Indicator 4—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

                

                   Each relevant employer is to report on the 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.

 

Matters that must be included in the report

 

4.1    The existence of employer funded paid parental leave for primary carers, additional to any government funded parental leave scheme for primary carers.

4.2    The existence of employer funded paid parental leave for secondary carers, additional to any government funded parental leave scheme for secondary carers.

4.3    Disaggregated data by gender and manager/non-manager on the utilisation of parental leave.

4.4    The method and quantum of employer funded paid parental leave for primary carers.

4.5    The quantum of employer funded paid parental leave for secondary carers.

4.6    The proportion of the workforce who has access to employer funded paid parental leave for primary carers.

4.7    The proportion of the workforce who has access to employer funded paid parental leave for secondary carers.

4.8    The proportion of employees who took a period of parental leave who ceased employment during, or at the end of that period (including where the parental leave is taken continuously with any other leave type), by gender and manager/non-manager.

4.9    Disaggregated data by gender and manager/non-manager on the availability of employment terms, conditions and practices including:

         4.9.1    flexible hours of work;

         4.9.2                compressed working weeks;

         4.9.3    time-in-lieu;

         4.9.4    telecommuting;

         4.9.5    part-time work;

         4.9.6    job sharing;

         4.9.7    carer’s leave;

         4.9.8    purchased leave;

         4.9.10  unpaid leave; and

         4.9.11  other.

4.10  The existence of a flexible working arrangements policy or strategy.

4.11  The existence of policies or strategies to support employees with family or caring responsibilities.

4.12  The existence of any non-leave based measures to support employees with family or caring responsibilities.

4.13  The existence of a policy or strategy to support employees who have or are experiencing family or domestic violence.

4.14  Measures, if any, to support employees who have or are experiencing family or domestic violence.

 

5                 Gender Equality Indicator 5—consultation with employees on issues concerning gender equality in the workplace

                       

Each relevant employer is to report on consultation with employees on issues concerning gender equality in the workplace.

 

                   Matters that must be included in the report

 

5.1    Consultation, if any, with employees on workplace gender equality matters.

5.2    The mode of consultation with employees on workplace gender equality matters.

5.3    The categories of employees consulted.

 

6                 Gender Equality Indicator 6—sex-based harassment and discrimination

 

Note:          Gender equality indicator 6 is a further indicator being made under paragraph (f) of the definition of ‘gender equality indicators’ in subsection 3(1) of the Act.

 

Each relevant employer is to report on sex-based harassment and discrimination in the workplace.

 

                   Matters that must be included in the report

 

6.1    The existence of a sex-based harassment and discrimination prevention strategy or policy.

6.2    The inclusion of a grievance process in any sex-based harassment and discrimination prevention policy.

6.3    Workplace training, if any, for managers on sex-based harassment and discrimination.

6.4    The frequency of workplace training about sex-based harassment and discrimination.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Workplace Gender Equality (Matters in Relation to Gender Equality) Instrument 2013 (No. 1)

08 March 2013 (see F2013L00434)

s 1–5 and Sch 1: 1 Apr 2013

Sch 2: (see s. 2(1))

s. 2(1) (item 2) am. by item 1, F2014L00366

Workplace Gender Equality (Matters in Relation to Gender Equality Indicators) Amendment Instrument 2014 (No. 1)

28 March 2014 (see F2014L00366)

29 March 2014

Workplace Gender Equality (Matters in Relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1)

2 March 2015 (see F2015L00237)

s 1–4 and item 4 of Sch 1:

3 March 2015

Items 1–3 of Sch 1:

1 April 2015

Item 5 of Sch 1:

Immediately after the start of 1 April 2015

 

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 1

 

s. 2 ....................................

am. F2014L00366

s. 4…………………………..

s. 5…………………………..

am. F2014L00366

am. F2015L00237

Sch 1

c 1…………………………...

 

rs. F2015L00237

c 3…………………………...

rs. F2015L00237

c 4…………………………...

rs. F2015L00237

Sch 2

 

Sch 2 Hdg

Sch 2                                      

am. F2014L00366

rs. F2015L00237, rep. F2015L00237

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]