Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023

Administered by Department of the Prime Minister and Cabinet

Legislation au C2023A00018 In force Act

Legislation content

 

 

 

 

 

 

Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023

 

No. 18, 2023

 

 

 

 

 

An Act to amend the Workplace Gender Equality Act 2012, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendments

Division 1—Publishing gender pay gap information

Workplace Gender Equality Act 2012

Division 2—Gender equality standards

Workplace Gender Equality Act 2012

Division 3—Giving reports to governing bodies

Workplace Gender Equality Act 2012

Division 4—Gender equality indicators

Workplace Gender Equality Act 2012

Division 5—CEO of the Workplace Gender Equality Agency

Workplace Gender Equality Act 2012

Division 6—Technical amendment

Workplace Gender Equality Act 2012

Part 2—Application and transitional provisions

 

 

Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023

No. 18, 2023

 

 

 

An Act to amend the Workplace Gender Equality Act 2012, and for related purposes

[Assented to 11 April 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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.

12 April 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

Division 1—Publishing gender pay gap information

Workplace Gender Equality Act 2012

1  Section 2B (at the end of the paragraph beginning “Those reports are available to the public”)

Add “Information contained in those reports may also be used in publishing information for the purposes of showing a relevant employer’s performance and progress in achieving gender equality in relation to remuneration for the employer’s workforce.”.

2  At the end of subsection 13C(2)

Add:

Note: However, such information may be used for the purposes of publishing information under subsection 15A(1) (see subsection 15A(3)). The publishing of information under subsection 15A(1) is subject to certain protections (see subsection 15A(4)).

3  At the end of subsection 14(1)

Add:

Note: However, such information may be used for the purposes of publishing information under subsection 15A(1) (see subsection 15A(3)). The publishing of information under subsection 15A(1) is subject to certain protections (see subsection 15A(4)).

4  At the end of subsection 14A(1)

Add:

Note: However, such information may be used for the purposes of publishing information under subsection 15A(1) (see subsection 15A(3)). The publishing of information under subsection 15A(1) is subject to certain protections (see subsection 15A(4)).

5  After section 15

Insert:

15A  Agency must publish information for relevant employers—achieving gender equality in relation to remuneration

 (1) The Agency must publish aggregate information, for each relevant employer for each reporting period, for the purpose of showing the employer’s performance and progress in achieving gender equality in relation to remuneration for the employer’s workforce.

 (2) The information may be published by electronic or other means.

 (3) The Agency may use information in a public report for the purposes of subsection (1).

 (4) However, the Agency must not publish information under subsection (1) that discloses, either directly or indirectly:

 (a) personal information; or

 (b) other information about the remuneration paid to a specific individual.

Division 2—Gender equality standards

Workplace Gender Equality Act 2012

6  Subsection 3(1)

Insert:

gender equality standard: see subsection 19(1A).

7  Subsection 3(1) (definition of minimum standard)

Repeal the definition.

8  Section 18 (paragraph beginning “The Minister will set minimum standards”)

Omit “will set minimum standards”, substitute “must set gender equality standards”.

9  Section 19 (heading)

Omit “will set minimum standards”, substitute “to set gender equality standards”.

10  Subsection 19(1)

Repeal the subsection, substitute:

 (1) The Minister must, by legislative instrument, set standards in relation to specified gender equality indicators, specified relevant employers and specified reporting periods.

Note 1: The Minister must consult the Agency before making legislative instruments under this Act (see section 33A).

Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Note 3: An instrument under subsection (1) may make different provision with respect to different relevant employers and different reporting periods (see subsection 33(3A) of the Acts Interpretation Act 1901).

 (1A) A standard set by an instrument in force under subsection (1) is to be known as a gender equality standard.

11  Paragraph 19A(1)(a)

Omit “minimum standards”, substitute “gender equality standards”.

12  Section 19C (heading)

Omit “minimum standard”, substitute “gender equality standard”.

13  Paragraph 19C(b)

Omit “minimum standard”, substitute “gender equality standard”.

14  Section 19E (heading)

Omit “minimum standards”, substitute “gender equality standards”.

15  Paragraph 19E(b)

Omit “minimum standard”, substitute “gender equality standard”.

Division 3—Giving reports to governing bodies

Workplace Gender Equality Act 2012

16  Subsection 3(1)

Insert:

CEO, when used in relation to a relevant employer, means the Chief Executive Officer (however described) of the relevant employer.

executive summary report, for a relevant employer for a reporting period, means a report that:

 (a) is given by the Agency to the relevant employer; and

 (b) contains a summary of the information contained in a public report prepared by the relevant employer in respect of the reporting period.

industry benchmark report, for a relevant employer for a reporting period, means a report that:

 (a) is given by the Agency to the relevant employer; and

 (b) compares the information contained in a public report prepared by the relevant employer in respect of the reporting period with the information contained in public reports prepared by similar relevant employers in respect of the reporting period.

17  Paragraph 13(5)(b)

Omit “chief executive officer (however described)”, substitute “CEO”.

18  After section 16B

Insert:

16C  Certain reports to be given to relevant employer’s governing body

Executive summary reports

 (1) The CEO of a relevant employer must, after receiving from the Agency an executive summary report for the employer for a reporting period, cause a copy of the report to be given to each member of the employer’s governing body (if any).

Industry benchmark reports

 (2) The CEO of a relevant employer must, as soon as reasonably practicable after receiving from the Agency an industry benchmark report for the employer for a reporting period, cause a copy of the report to be given to each member of the employer’s governing body (if any).

Giving reports together

 (3) If, as at the time a relevant employer receives an industry benchmark report for the employer for a reporting period from the Agency:

 (a) the employer has received from the Agency an executive summary report for the employer for the period; but

 (b) copies of the executive summary report have not been given to members of the employer’s governing body as mentioned in subsection (1);

then the CEO of the employer must cause the copies of the executive summary report to be given to the members of the governing body together with the copies of the industry benchmark report.

19  After section 19C

Insert:

19CA  Relevant employer fails to comply with Act if certain reports are not given to governing body

  For the purposes of section 19D, a relevant employer is taken to fail to comply with this Act without reasonable excuse if the CEO of the relevant employer fails, without reasonable excuse, to comply with subsection 16C(1), (2) or (3) (certain reports to be given to relevant employer’s governing body).

Note: The Agency may name the employer in a report given to the Minister or by electronic or other means: see section 19D.

Division 4—Gender equality indicators

Workplace Gender Equality Act 2012

20  Subsection 3(1) (paragraph (f) of the definition of employment matters)

Omit “sex‑based harassment of employees in the workplace”, substitute “sexual harassment, or harassment on the ground of sex, of employees in the workplace, or discrimination against employees in the workplace”.

21  Subsection 3(1) (after paragraph (e) of the definition of gender equality indicators)

Insert:

 (ea) sexual harassment, harassment on the ground of sex or discrimination;

22  Subsection 3(1)

Insert:

harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.

Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

sexually harass has the same meaning as in the Sex Discrimination Act 1984.

Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

Division 5—CEO of the Workplace Gender Equality Agency

Workplace Gender Equality Act 2012

23  Title

Omit “, to establish the Workplace Gender Equality Agency and the office of the Director of Workplace Gender Equality”, substitute “and to establish the Workplace Gender Equality Agency”.

24  Section 2B (paragraph beginning “There is a Director”)

Repeal the paragraph, substitute:

• The CEO has the management of the Agency.

25  Subsection 3(1)

Insert:

CEO, except when used in relation to a relevant employer, means the Chief Executive Officer of the Workplace Gender Equality Agency.

26  Subsection 3(1) (definition of Director)

Repeal the definition.

27  Subsection 8A(2)

Omit “Director of Workplace Gender Equality”, substitute “CEO”.

28  Paragraph 8A(3)(b)

Omit “Director of Workplace Gender Equality”, substitute “CEO”.

29  Section 9

Repeal the section.

30  Part V (heading)

Omit “Director of Workplace Gender Equality”, substitute “CEO”.

31  Before section 20

Insert:

20AA  CEO

 (1) There is to be a Chief Executive Officer of the Workplace Gender Equality Agency.

 (2) The Chief Executive Officer has the management of the Agency.

 (3) The office of Chief Executive Officer of the Workplace Gender Equality Agency is, for all purposes, a continuation under that name of the office of Director of Workplace Gender Equality established under section 9 of this Act as in force immediately before the commencement of this section.

Note: See also section 25B of the Acts Interpretation Act 1901.

32  Amendments of listed provisions—CEO

Omit “Director” (wherever occurring) and substitute “CEO” in the following provisions:

 (a) subsection 12(1);

 (b) sections 20 and 21 (including the headings);

 (c) subsection 22(1);

 (d) sections 23, 24 and 25;

 (e) subsections 26(1) and (2);

 (f) subsection 27(1);

 (g) subsections 28(1), (2) and (3);

 (h) paragraph 28(4)(a);

 (i) subsections 28(5), (6) and (7);

 (j) subsection 29(2);

 (k) subsections 32(1) and (2);

 (l) subsection 33(1).

Division 6—Technical amendment

Workplace Gender Equality Act 2012

33  Subsection 3(1) (definition of reporting period)

Repeal the definition, substitute:

reporting period means:

 (a) for a relevant employer that is not a Commonwealth company or a Commonwealth entity—a period referred to in subsection 13A(2); or

 (b) for a relevant employer that is a Commonwealth company or Commonwealth entity—a period referred to in subsection 13A(2A).

Part 2—Application and transitional provisions

34  Gender pay gap information

Section 15A of the Workplace Gender Equality Act 2012, as inserted by this Schedule, applies in relation to reporting periods that start on or after:

 (a) for a relevant employer that is not a Commonwealth company or a Commonwealth entity—1 April 2022; or

 (b) for a relevant employer that is a Commonwealth company or Commonwealth entity—1 January 2023.

35  Minimum standards

(1) An instrument made under subsection 19(1) of the Workplace Gender Equality Act 2012 that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under subsection 19(1) of that Act as amended by this Schedule.

(2) Subitem (1) does not affect when the instrument referred to in that subitem was made for the purposes of subsection 19(2) of that Act.

36  Director of Workplace Gender Equality

(1) To avoid doubt, a person who was, immediately before the commencement of this item, holding office as the Director of Workplace Gender Equality continues to hold office, on and after that commencement, as the Chief Executive Officer of the Workplace Gender Equality Agency.

(2) The person does so:

 (a) on the terms and conditions that were applicable to the person immediately before that commencement; and

 (b) for the balance of the person’s term of appointment that remained immediately before that commencement.

(3) Anything done by, or in relation to, the Director of Workplace Gender Equality before the commencement of this item has effect at and after that commencement as if it had been done by, or in relation to, the CEO.

37  Non‑disclosure of confidential information

Section 32 of the Workplace Gender Equality Act 2012, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time the Director of Workplace Gender Equality, despite the amendments of that section by this Schedule.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 8 February 2023

House of Representatives on 28 March 2023]

 

(1/23)

 

Overview

The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 was enacted by the Parliament of Australia to amend the Workplace Gender Equality Act 2012. The primary aim of this Act is to address the gender pay gap and enhance gender equality in remuneration across Australian workplaces. It introduces measures such as the requirement for employers to publish aggregate gender pay gap information and mandates the setting of gender equality standards by the Minister. This legislation also refines the reporting obligations for relevant employers, including the necessity for Chief Executive Officers to distribute specific reports to governing bodies. The Act came into effect on 12 April 2023, the day following its Royal Assent, aiming to provide clearer pathways for employers to report on and work towards achieving gender pay equity. This Act represents a significant step in the ongoing legislative efforts to promote gender equality in the workplace, specifically targeting the persistent issue of the gender pay gap. By amending existing provisions and introducing new requirements, it seeks to foster a more equitable work environment where remuneration disparities are transparently addressed and systematically reduced. The introduction of gender equality standards and enhanced reporting obligations are key components designed to drive meaningful change and hold employers accountable for their progress in achieving gender equality in pay.

Scope and Application

The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 amends the Workplace Gender Equality Act 2012, introducing significant changes aimed at closing the gender pay gap in Australia. This Act applies to relevant employers, which include Commonwealth companies, Commonwealth entities, and employers in specified industries with 100 or more employees. The amendments apply nationally across Australia, affecting entities regardless of state or territory jurisdiction. The Act requires these employers to publish gender pay gap information and mandates the Workplace Gender Equality Agency to publish aggregate information demonstrating employers' progress in achieving gender equality in remuneration. Notably, the Act excludes small businesses with fewer than 100 employees from these requirements. Additionally, the Act introduces gender equality standards instead of minimum standards and specifies that certain reports must be given to the governing bodies of relevant employers. The commencement of the Act is set for the day after it receives Royal Assent, which was on 12 April 2023. The application of the new gender pay gap information requirements varies based on whether the employer is a Commonwealth company or entity, with different commencement dates specified in the legislation.

Key Provisions

The Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 amends the Workplace Gender Equality Act 2012 to introduce new provisions for closing the gender pay gap and setting gender equality standards. Key amendments include the requirement for the Workplace Gender Equality Agency to publish aggregate information about employers’ performance and progress in achieving gender equality in remuneration (section 15A). This information must be published by electronic or other means, but it cannot disclose personal information or specific individual remuneration details (subsections 15A(2)-(4)). The Act also changes the terminology from “minimum standards” to “gender equality standards” and mandates that the Minister set these standards for specified gender equality indicators, employers, and reporting periods through legislative instruments (sections 3(1), 18, 19(1), and 19(1A)). Furthermore, it defines “harassment on the ground of sex” and “sexual harassment” to have the same meanings as in the Sex Discrimination Act 1984 (subsection 3(1)). The title of the Act is amended to remove references to the Director of Workplace Gender Equality and establish the Chief Executive Officer (CEO) of the Agency (sections 2B and 20AA). The Act imposes several obligations on the parties it governs. The Agency must publish aggregate gender pay gap information for relevant employers, ensuring no personal or specific individual remuneration details are disclosed (section 15A(4)). The Minister is required to set gender equality standards for specified indicators, employers, and reporting periods through legislative instruments (section 19(1)). Relevant employers must ensure that their CEOs provide executive summary and industry benchmark reports to the governing body, with specific timelines for doing so (sections 16C(1)-(3) and 19CA). The CEO of the Agency has the management responsibilities previously held by the Director (section 20AA(2)). Breaches of the Act can lead to several consequences. For instance, if a relevant employer fails to comply with the requirement to give certain reports to the governing body without reasonable excuse, it is taken to have failed to comply with the Act (section 19CA). Additionally, any person who contravenes the non-disclosure provisions can face penalties. Specifically, they can be fined up to 500 penalty units for an individual and 2,500 penalty units for a body corporate (section 32). These penalties reflect the seriousness with which the Act treats the non-disclosure of confidential information.

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Area of Law
Employment & Labour Law
Instrument
Act
Concepts
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Gender Equality Standards
CEO of the Workplace Gender Equality Agency

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.