Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Workplace Gender Equality Amendment
(Closing the Gender Pay Gap) Bill 2023
No. , 2023
(Women)
A Bill for an Act to amend the Workplace Gender
Equality Act 2012, and for related purposes
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Division 1--Publishing gender pay gap information
3
Workplace Gender Equality Act 2012
3
Division 2--Gender equality standards
4
Workplace Gender Equality Act 2012
4
Division 3--Giving reports to governing bodies
6
Workplace Gender Equality Act 2012
6
Division 4--Gender equality indicators
8
Workplace Gender Equality Act 2012
8
Division 5--CEO of the Workplace Gender Equality Agency
9
Workplace Gender Equality Act 2012
9
Division 6--Technical amendment
11
Workplace Gender Equality Act 2012
11
Part 2--Application and transitional provisions
12
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
1
A Bill for an Act to amend the Workplace Gender
1
Equality Act 2012, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Workplace Gender Equality Amendment (Closing
5
the Gender Pay Gap) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Division 1
--Publishing gender pay gap information
3
Workplace Gender Equality Act 2012
4
1 Section 2B (at the end of
the paragraph beginning "Those
5
reports are available to the public")
6
Add "Information contained in those reports may also be used in
7
publishing information for the purposes of showing a relevant
8
employer's performance and progress in achieving gender equality in
9
relation to remuneration for the employer's workforce.".
10
2 At the end of subsection 13C(2)
11
Add:
12
Note:
However, such information may be used for the purposes of
13
publishing information under subsection 15A(1) (see
14
subsection 15A(3)). The publishing of information under
15
subsection 15A(1) is subject to certain protections (see
16
subsection 15A(4)).
17
3 At the end of subsection 14(1)
18
Add:
19
Note:
However, such information may be used for the purposes of
20
publishing information under subsection 15A(1) (see
21
subsection 15A(3)). The publishing of information under
22
subsection 15A(1) is subject to certain protections (see
23
subsection 15A(4)).
24
4 At the end of subsection 14A(1)
25
Add:
26
Note:
However, such information may be used for the purposes of
27
publishing information under subsection 15A(1) (see
28
subsection 15A(3)). The publishing of information under
29
subsection 15A(1) is subject to certain protections (see
30
subsection 15A(4)).
31
Schedule 1
Amendments
Part 1
Amendments
4
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
5 After section 15
1
Insert:
2
15A Agency must publish information for relevant employers--
3
achieving gender equality in relation to remuneration
4
(1) The Agency must publish aggregate information, for each relevant
5
employer for each reporting period, for the purpose of showing the
6
employer's performance and progress in achieving gender equality
7
in relation to remuneration for the employer's workforce.
8
(2) The information may be published by electronic or other means.
9
(3) The Agency may use information in a public report for the
10
purposes of subsection (1).
11
(4) However, the Agency must not publish information under
12
subsection (1) that discloses, either directly or indirectly:
13
(a) personal information; or
14
(b) other information about the remuneration paid to a specific
15
individual.
16
Division 2
--Gender equality standards
17
Workplace Gender Equality Act 2012
18
6 Subsection 3(1)
19
Insert:
20
gender equality standard
: see subsection 19(1A).
21
7 Subsection 3(1) (definition of minimum standard)
22
Repeal the definition.
23
8 Section 1
8 (paragraph beginning "The Minister will set
24
minimum standards")
25
Omit "will set minimum standards", substitute "must set gender
26
equality standards".
27
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
5
9 Section 19 (heading)
1
Omit "
will set minimum standards
", substitute "
to set gender
2
equality standards
".
3
10 Subsection 19(1)
4
Repeal the subsection, substitute:
5
(1) The Minister must, by legislative instrument, set standards in
6
relation to specified gender equality indicators, specified relevant
7
employers and specified reporting periods.
8
Note 1:
The Minister must consult the Agency before making legislative
9
instruments under this Act (see section 33A).
10
Note 2:
For specification by class, see subsection 13(3) of the
Legislation Act
11
2003
.
12
Note 3:
An instrument under subsection (1) may make different provision with
13
respect to different relevant employers and different reporting periods
14
(see subsection 33(3A) of the
Acts Interpretation Act 1901
).
15
(1A) A standard set by an instrument in force under subsection (1) is to
16
be known as a
gender equality standard
.
17
11 Paragraph 19A(1)(a)
18
Omit "minimum standards", substitute "gender equality standards".
19
12 Section 19C (heading)
20
Omit "
minimum standard
", substitute "
gender equality standard
".
21
13 Paragraph 19C(b)
22
Omit "minimum standard", substitute "gender equality standard".
23
14 Section 19E (heading)
24
Omit "
minimum standards
", substitute "
gender equality standards
".
25
15 Paragraph 19E(b)
26
Omit "minimum standard", substitute "gender equality standard".
27
Schedule 1
Amendments
Part 1
Amendments
6
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
Division 3
--Giving reports to governing bodies
1
Workplace Gender Equality Act 2012
2
16 Subsection 3(1)
3
Insert:
4
CEO
, when used in relation to a relevant employer, means the
5
Chief Executive Officer (however described) of the relevant
6
employer.
7
executive summary report
, for a relevant employer for a reporting
8
period, means a report that:
9
(a) is given by the Agency to the relevant employer; and
10
(b) contains a summary of the information contained in a public
11
report prepared by the relevant employer in respect of the
12
reporting period.
13
industry benchmark report
, for a relevant employer for a reporting
14
period,
means a report that:
15
(a) is given by the Agency to the relevant employer; and
16
(b) compares the information contained in a public report
17
prepared by the relevant employer in respect of the reporting
18
period with the information contained in public reports
19
prepared by similar relevant employers in respect of the
20
reporting period.
21
17 Paragraph 13(5)(b)
22
Omit "chief executive officer (however described)", substitute "CEO".
23
18 After section 16B
24
Insert:
25
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
7
16C Certain reports to be given to relevant employer's governing
1
body
2
Executive summary reports
3
(1) The CEO of a relevant employer must, after receiving from the
4
Agency an executive summary report for the employer for a
5
reporting period, cause a copy of the report to be given to each
6
member of the employer's governing body (if any).
7
Industry benchmark reports
8
(2) The CEO of a relevant employer must, as soon as reasonably
9
practicable after receiving from the Agency an industry benchmark
10
report for the employer for a reporting period, cause a copy of the
11
report to be given to each member of the employer's governing
12
body (if any).
13
Giving reports together
14
(3) If, as at the time a relevant employer receives an industry
15
benchmark report for the employer for a reporting period from the
16
Agency:
17
(a) the employer has received from the Agency an executive
18
summary report for the employer for the period; but
19
(b) copies of the executive summary report have not been given
20
to members of the employer's governing body as mentioned
21
in subsection (1);
22
then the CEO of the employer must cause the copies of the
23
executive summary report to be given to the members of the
24
governing body together with the copies of the industry benchmark
25
report.
26
19 After section 19C
27
Insert:
28
19CA Relevant employer fails to comply with Act if certain reports
29
are not given to governing body
30
For the purposes of section 19D, a relevant employer is taken to
31
fail to comply with this Act without reasonable excuse if the CEO
32
Schedule 1
Amendments
Part 1
Amendments
8
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
of the relevant employer fails, without reasonable excuse, to
1
comply with subsection 16C(1), (2) or (3) (certain reports to be
2
given to relevant employer's governing body).
3
Note:
The Agency may name the employer in a report given to the Minister
4
or by electronic or other means: see section 19D.
5
Division 4
--Gender equality indicators
6
Workplace Gender Equality Act 2012
7
20 Subsection 3(1) (paragraph (f) of the definition of
8
employment matters)
9
Omit "sex-based harassment of employees in the workplace", substitute
10
"sexual harassment, or harassment on the ground of sex, of employees
11
in the workplace, or discrimination against employees in the
12
workplace".
13
21 Subsection 3(1) (after paragraph (e) of the definition of
14
gender equality indicators)
15
Insert:
16
(ea) sexual harassment, harassment on the ground of sex or
17
discrimination;
18
22 Subsection 3(1)
19
Insert:
20
harass on the ground of sex
has the same meaning as in the
Sex
21
Discrimination Act 1984
.
22
Note:
Other parts of speech and grammatical forms of "harass on the ground
23
of sex" (for example, "harassment on the ground of sex") have a
24
corresponding meaning (see section 18A of the
Acts Interpretation Act
25
1901
).
26
sexually harass
has the same meaning as in the
Sex Discrimination
27
Act 1984
.
28
Note:
Other parts of speech and grammatical forms of "sexually harass" (for
29
example, "sexual harassment") have a corresponding meaning (see
30
section 18A of the
Acts Interpretation Act 1901
).
31
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
9
Division 5
--CEO of the Workplace Gender Equality
1
Agency
2
Workplace Gender Equality Act 2012
3
23 Title
4
Omit "
, to establish the Workplace Gender Equality Agency and the
5
office of the Director of Workplace Gender Equality
", substitute
6
"
and to establish the Workplace Gender Equality Agency
".
7
24 Section 2
B (paragraph beginning "There is a Director")
8
Repeal the paragraph, substitute:
9
•
The CEO has the management of the Agency.
10
25 Subsection 3(1)
11
Insert:
12
CEO
, except when used in relation to a relevant employer, means
13
the Chief Executive Officer of the Workplace Gender Equality
14
Agency.
15
26 Subsection 3(1) (definition of Director)
16
Repeal the definition.
17
27 Subsection 8A(2)
18
Omit "Director of Workplace Gender Equality", substitute "CEO".
19
28 Paragraph 8A(3)(b)
20
Omit "Director of Workplace Gender Equality", substitute "CEO".
21
29 Section 9
22
Repeal the section.
23
30 Part V (heading)
24
Omit "
Director of Workplace Gender Equality
", substitute "
CEO
".
25
Schedule 1
Amendments
Part 1
Amendments
10
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
31 Before section 20
1
Insert:
2
20AA CEO
3
(1) There is to be a Chief Executive Officer of the Workplace Gender
4
Equality Agency.
5
(2) The Chief Executive Officer has the management of the Agency.
6
(3) The office of Chief Executive Officer of the Workplace Gender
7
Equality Agency is, for all purposes, a continuation under that
8
name of the office of Director of Workplace Gender Equality
9
established under section 9 of this Act as in force immediately
10
before the commencement of this section.
11
Note:
See also section 25B of the
Acts Interpretation Act 1901
.
12
32 Amendments of listed provisions
--CEO
13
Omit "Director" (wherever occurring) and substitute "CEO" in the
14
following provisions:
15
(a) subsection 12(1);
16
(b) sections 20 and 21 (including the headings);
17
(c) subsection 22(1);
18
(d) sections 23, 24 and 25;
19
(e) subsections 26(1) and (2);
20
(f) subsection 27(1);
21
(g) subsections 28(1), (2) and (3);
22
(h) paragraph 28(4)(a);
23
(i) subsections 28(5), (6) and (7);
24
(j) subsection 29(2);
25
(k) subsections 32(1) and (2);
26
(l) subsection 33(1).
27
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
11
Division 6
--Technical amendment
1
Workplace Gender Equality Act 2012
2
33 Subsection 3(1) (definition of reporting period)
3
Repeal the definition, substitute:
4
reporting period
means:
5
(a) for a relevant employer that is not a Commonwealth
6
company or a Commonwealth entity--a period referred to in
7
subsection 13A(2); or
8
(b) for a relevant employer that is a Commonwealth company or
9
Commonwealth entity--a period referred to in
10
subsection 13A(2A).
11
Schedule 1
Amendments
Part 2
Application and transitional provisions
12
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
No. , 2023
Part 2--Application and transitional provisions
1
34 Gender pay gap information
2
Section 15A of the
Workplace Gender Equality Act 2012
, as inserted by
3
this Schedule, applies in relation to reporting periods that start on or
4
after:
5
(a) for a relevant employer that is not a Commonwealth
6
company or a Commonwealth entity--1 April 2022; or
7
(b) for a relevant employer that is a Commonwealth company or
8
Commonwealth entity--1 January 2023.
9
35 Minimum standards
10
(1)
An instrument made under subsection 19(1) of the
Workplace Gender
11
Equality Act 2012
that was in force immediately before the
12
commencement of this item continues in force (and may be dealt with)
13
as if it had been made under subsection 19(1) of that Act as amended by
14
this Schedule.
15
(2)
Subitem (1) does not affect when the instrument referred to in that
16
subitem was made for the purposes of subsection 19(2) of that Act.
17
36 Director of Workplace Gender Equality
18
(1)
To avoid doubt, a person who was, immediately before the
19
commencement of this item, holding office as the Director of
20
Workplace Gender Equality continues to hold office, on and after that
21
commencement, as the Chief Executive Officer of the Workplace
22
Gender Equality Agency.
23
(2)
The person does so:
24
(a) on the terms and conditions that were applicable to the
25
person immediately before that commencement; and
26
(b) for the balance of the person's term of appointment that
27
remained immediately before that commencement.
28
(3)
Anything done by, or in relation to, the Director of Workplace Gender
29
Equality before the commencement of this item has effect at and after
30
that commencement as if it had been done by, or in relation to, the
31
CEO.
32
Amendments
Schedule 1
Application and transitional provisions
Part 2
No. , 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap)
Bill 2023
13
37 Non-disclosure of confidential information
1
Section 32 of the
Workplace Gender Equality Act 2012
, as in force
2
immediately before the commencement of this item, continues to apply
3
on and after that commencement in relation to a person who was at any
4
time the Director of Workplace Gender Equality, despite the
5
amendments of that section by this Schedule.
6