Overview of the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024

At a glance

• The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 (Bill) is in early stages. It was introduced on 20 November 2024, and is currently under Senate review.
• The Bill may not pass or could be amended during the legislative process.
• If passed, large employers (defined as those with 500 or more employees) must set, achieve (or improve on) and report on measurable targets to progress gender equality in their workplace against six gender equality indicators (GEIs). 
• Employers will have three years to achieve their targets, after which they must review outcomes and set new  targets for the subsequent three-year cycle.

Status

The Bill is currently in its early legislative stages, having been introduced to the House of Representatives (lower house) on 20 November 2024. It has since been referred to the Senate Finance and Public Administration Legislation Committee, which is due to report by 30 January 2025. 

Summary of changes

If passed in its current form, the Bill will seek to introduce a new requirement for large employers (those with 500 or more employees) to commit to, achieve (or, as a minimum, improve on) and report to the Workplace Gender Equality Agency (WGEA) on measurable targets to progress gender equality in their workplace against six GEIs.

The six GEIs are: 

• Gender composition of the workforce.
• Gender composition of governing bodies of relevant employers.
• Equal remuneration between women and men.
• Availability and utility of employment terms, conditions, and practices relating to flexible working arrangements for employees and working arrangements supporting employees with family or caring responsibilities.
• Consultation with employees on issues concerning gender equality in the workplace.
• Sexual harassment, harassment on the ground of sex, or discrimination.

Employers will have three years to achieve, or improve on, the selected targets. After the conclusion of each three-year period, employers will need to set new targets for the next three-year cycle. 

Employers who fail to achieve their targets or demonstrate progress against them without a valid excuse will be deemed non-compliant with the Workplace Gender Equality Act 2012. If an employer fails to meet or improve on their target without a valid excuse, they will have failed to comply with the WGEA Act and WGEA may publicly report their non-compliance. Additionally, non-compliance without valid excuse will result in WGEA withholding a compliance certificate, which may render the employer ineligible for government contracts, funding and grants.