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Other as amended, taking into account amendments up to Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment (Reports by Relevant Employers) Instrument 2022
Administered by: Prime Minister and Cabinet
Registered 16 Jun 2022
Start Date 31 Mar 2022

Commonwealth Coat of Arms of Australia

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

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

Workplace Gender Equality Act 2012

Compilation No. 4

Compilation date:                              31 March 2022

Includes amendments up to:            F2022L00418

Registered:                                         16 June 2022

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) that shows the text of the law as amended and in force on 31 March 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

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

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

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

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

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

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

2............ 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

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............................................................................................................... 4

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

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

Endnotes                                                                                                                                                                 7

Endnote 1—About the endnotes                                                                                                        7

Endnote 2—Abbreviation key                                                                                                            8

Endnote 3—Legislation history                                                                                                         9

Endnote 4—Amendment history                                                                                                     10


Part 1Preliminary

  

1  Name of instrument

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

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 1Matters 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; 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 information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

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

08 Mar 2013 (F2013L00434)

s 1–5 and Sch 1: 1 Apr 2013 (s 2(1) item 1)
Sch 2: 1 Apr 2014 (s 2(1) item 2)

 

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

28 Mar 2014 (F2014L00366)

29 Mar 2014 (s 2)

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

2 Mar 2015 (F2015L00237)

Sch 1 (items 1–3, 5): 1 Apr 2015 (s 2(1) items 2, 3)
Sch 1 (item 4): 3 Mar 2015 (s 2(1) item 1)

Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment (Reports by Relevant Employers) Instrument 2022

30 Mar 2022 (F2022L00418)

31 Mar 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

am F2014L00366

 

rep LA s 48D

s 4.............................................

am F2014L00366

s 5.............................................

am F2015L00237

Schedule 1

 

c 1.............................................

rs F2015L00237

 

am F2022L00418

c 3.............................................

rs F2015L00237

c 4.............................................

rs F2015L00237

Schedule 2 heading...................

am F2014L00366

Schedule 2................................

rs F2015L00237

 

rep F2015L00237