Employers named as non-compliant under the Workplace Gender Equality Act

The Workplace Gender Equality Agency (WGEA) has exercised its statutory power to name relevant employers that failed to comply with the Workplace Gender Equality Act 2012 (the Act) by not lodging a report on time. In accordance with the Act, if a subsidiary corporation is named as non-compliant then the parent company is also named.

The Agency does not take this step lightly. Throughout the reporting process, WGEA assists employers to comply with their reporting obligations, issues reminders and approves extensions of time sought before the end of the reporting period.

Not every employer that fails to comply with the Act is named on this list. If an employer fails to report, WGEA offers the opportunity to provide a reasonable excuse for the non-compliance. If the excuse is accepted as reasonable, the employer remains non-compliant but will not be named.

If the excuse is not accepted as reasonable, or the employer does not provide one, additional procedural fairness gives the employer the opportunity to make a representation as to why they should not be named.

When determining whether to accept an excuse or written representation, WGEA considers a range of factors including:

• if the employer has made a reasonable attempt to comply
• if the employer is a first-time reporter
• the size of the employer
• prior history of compliance.

Under the WGEA procurement principles, relevant employers must submit a letter of compliance to certify they are compliant with the WGE Act. The letter of compliance must be submitted with either:

• Their submission in response to an approach to market issued by the Australian Government agency; or
• Before entering into a contract with the Australian Government agency

Please request the relevant employer to supply a copy of their compliance certificate. If they require assistance from us to obtain their certificate, they can reach out at support@wgea.gov.au