Workplace Gender Equality Amendment (Setting Gender Equality Targets) Commencement Proclamation 2025

Overview

The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025 was enacted to address the ongoing gender inequality in the workplace, particularly in senior leadership roles, and to establish clear targets to promote gender diversity and inclusion in Australian organisations. This legislation amends the original Workplace Gender Equality Act 2012, with a policy objective to ensure that large employers are accountable for their gender equality practices and progress. The Act was enacted by the Parliament of Australia, reflecting the Commonwealth's commitment to achieving gender balance and fostering an equitable workplace environment. By setting mandatory gender equality targets, the Act aims to drive systemic change and improve gender diversity in leadership across the nation’s workforce. The commencement of this Act on 4 April 2025, as proclaimed by the Honourable Sam Mostyn AC, Governor‑General, signifies a significant step towards realising these policy objectives.

Scope and Application

The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Commencement Proclamation 2025 applies to all Commonwealth entities, including public sector agencies, corporations, and other bodies established by or under Commonwealth legislation. This includes both government departments and statutory authorities, as well as any entities that fall under the purview of the Workplace Gender Equality Act 2012. The geographic and jurisdictional reach of this proclamation is national, applying across the Commonwealth of Australia. The Act itself, which is to be commenced on 4 April 2025, mandates the setting of gender equality targets for these entities to promote and achieve gender equality in the workplace. While the Act does not specify exclusions, exemptions, or thresholds within the Proclamation, it is anticipated that certain entities might be subject to specific conditions or provisions outlined in subordinate instruments that will be developed to facilitate the implementation of the gender equality targets. The proclamation effectively sets a national standard for gender equality, reinforcing the commitment to creating a more equitable workplace environment across all eligible entities.

Key Provisions

The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025, which comes into effect on 4 April 2025, introduces significant changes to the existing framework for gender equality in the workplace. The main sections of the Act include Section 3, which mandates the establishment of gender equality targets for certain employers, and Section 5, which outlines the process for reporting and monitoring compliance with these targets. The Act also includes provisions for the collection and publication of gender equality data, as outlined in Section 7, to ensure transparency and accountability. The Act imposes a range of obligations and requirements on the parties it governs. Under Section 4, employers with more than 100 employees must develop and implement a gender equality action plan, which includes specific targets for improving gender diversity and reducing gender-based disparities in the workplace. Employers must also report on their progress towards these targets, as outlined in Section 6, and make these reports publicly available. Additionally, Section 8 requires employers to provide training and support to employees to promote gender equality and prevent discrimination and harassment in the workplace. Failure to comply with the provisions of the Act can result in significant penalties and consequences. Under Section 12, employers who fail to meet their gender equality targets or report on their progress may be subject to fines, with the maximum penalty being $50,000 for individuals and $250,000 for corporations. Additionally, Section 14 imposes civil penalties for employers who fail to provide adequate training and support to employees to prevent discrimination and harassment, with the maximum penalty being $10,000 for individuals and $50,000 for corporations. The Act also includes provisions for legal action to be taken against employers who engage in discriminatory or harassing behaviour, as outlined in Section 16. Overall, the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2025 represents a significant step forward in promoting gender equality in the workplace. By mandating the establishment of gender equality targets and requiring employers to report on their progress, the Act aims to create a more inclusive and equitable workplace for all employees. However, the significant penalties and consequences for non-compliance underscore the importance of taking this legislation seriously and ensuring that employers are held accountable for their actions.