Eligibility & compliance

The Workplace Gender Equality Act 2012 (Cth) (the Act) requires relevant private sector employers to register for the Gender Equality Reporting program and lodge data to the Workplace Gender Equality Agency (WGEA) annually.

The annual reports consist of:

  • an online questionnaire related to your organisation’s policies, strategies, and actions on gender equality
  • two excel worksheets designed to collect information about workforce composition; salaries and remuneration; and employee appointments, promotions, resignations, and parental leave.

Reports are lodged in the WGEA Employer Portal during the two-month lodgement period: 1 April to 31 May. 

Key information

Eligibility

Registration

Tendering for government contracts

An employer will comply with the Act if they:

  • lodge an annual Gender Equality Report  with all mandatory data before the submission deadline (including where an extension has been granted)
  • have their CEO or Agency/Department head (or equivalent) review and approve the Gender Equality Report before lodging
  • do not include anything false or misleading in the submission, or in the additional information WGEA requests
  • inform/share relevant parts of their report with their governing body, employees, shareholders and employee groups
  • provide a copy of the Executive Summary and Industry Benchmark Report to each member of the employer’s governing body (if any) as soon as practicable after receiving the documents.

Employers with 500 or more employees are also required to have policies or strategies in place to support each of the six Gender Equality Indicators to remain compliant.

WGEA can review an employer’s compliance:

  • by asking for more information
  • by reviewing randomly selected submissions
  • after assessing comments their employees or employee organisations have made.

What if an employer does not comply?

The Act outlines an employer’s obligations as well as consequences for non-compliance. If an employer does not demonstrate compliance:

  • We can name an employer in a report to the Minister that is tabled in both Houses of Parliament.
  • We can name an employer publicly by electronic or other means.
  • An employer may not be eligible to tender for contracts under Commonwealth and some state procurement frameworks and may not be eligible for some Commonwealth grants or other financial help.

Please refer to the WGEA Compliance Strategy for information about all of your compliance requirements.

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