Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023

Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023

made under subsections 3(1A) and 13(3) of the

Workplace Gender Equality Act 2012

Compilation No. 1

Compilation date: 4 April 2025

Includes amendments: F2025L00472

About this compilation

This compilation

This is a compilation of the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 that shows the text of the law as amended and in force on 4 April 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Matters in relation to each gender equality indicator

6 Gender equality indicator 1—gender composition of the workforce

7 Gender equality indicator 2—gender composition of governing bodies of relevant employers

8 Gender equality indicator 3—equal remuneration between women and men

9 Gender equality indicator 4—availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities

10 Gender equality indicator 5—consultation with employees on issues concerning gender equality in the workplace

11 Gender equality indicator 6—sexual harassment, harassment on the ground of sex or discrimination

Part 3—Application, saving and transitional provisions

12 Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)

13 Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023.

3  Authority

  This instrument is made under subsections 3(1A) and 13(3) of the Workplace Gender Equality Act 2012.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(aa) Agency;

(a) discrimination;

(b) gender equality indicators;

(c) governing body;

(d) relevant employer;

(e) reporting period.

  In this instrument:

Act means the Workplace Gender Equality Act 2012.

Agency Head has the same meaning as in the Public Service Act 1999.

employment status means employment on a:

 (a) part‑time; or

 (b) full‑time; or

 (c) permanent/ongoing; or

 (d) casual; or

 (e) fixed‑term contract/non‑ongoing;

basis, but does not include employment on a contract for services basis.

family and domestic violence has the same meaning as in the Fair Work Act 2009.

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).

key management personnel means those persons having authority and responsibility for planning, directing and controlling the activities of a relevant employer, directly or indirectly, including any director (whether executive or otherwise) of that employer.

manager includes the following:

 (a) Chief Executive Officer or equivalent;

 (b) Agency Head or equivalent;

 (c) key management personnel;

 (d) other managers.

non‑manager, in relation to an employer, means an employee of the employer who is not a manager. For example, the following kinds of employees may be non‑managers:

 (a) professionals;

 (b) technicians and trade employees;

 (c) community and personal service employees;

 (d) clerical and administrative employees;

 (e) sales employees;

 (f) machinery operators and drivers;

 (g) labourers;

 (h) graduates;

 (i) apprentices;

 (j) other non‑managers.

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).

Part 2—Matters in relation to each gender equality indicator

6  Gender equality indicator 1—gender composition of the workforce

  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the gender composition of the workforce:

 (a) disaggregated data on the composition of the workforce by gender, which includes the following:

 (i) employment status;

 (ii) year of birth;

 (iii) primary workplace location;

 (iv) managers;

 (v) non‑managers;

 (b) the existence of, and information about, a strategy or policy to support gender equality;

 (c) the composition of applicants appointed to positions by gender and by manager/non‑manager;

 (d) the number and proportion of employees awarded promotions by gender, employment status and manager/non‑manager;

 (e) the number and proportion of employees who have resigned by gender, employment status and manager/non‑manager.

7  Gender equality indicator 2—gender composition of governing bodies of relevant employers

  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the gender composition of governing bodies of relevant employers:

 (a) the existence of a governing body;

 (b) if a relevant employer has a governing body—the following:

 (i) the composition of the governing body, including the number of members and chairs by gender;

 (ii) the targets, if any, that have been set for the gender composition of the governing body;

 (iii) the existence of, and information about, a policy or strategy to support gender equality in the composition of the governing body.

8  Gender equality indicator 3—equal remuneration between women and men

 (1) For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to equal remuneration between women and men:

 (a) in relation to each employee, other than key management personnel with a reporting distance above the Chief Executive Officer or equivalent, the following information:

 (i) gender;

 (ii) employment status;

 (iii) year of birth;

 (iv) primary workplace location;

 (v) whether the employee is a manager or a non manager;

 (vi) information that is sufficient to allow the Agency to determine the employee’s annualised full time equivalent remuneration;

 (b) the existence of, and information about, an equal remuneration policy or strategy;

 (c) whether any gender remuneration gap analysis has been undertaken and, if so, when;

 (d) the actions taken, if any, as a result of a gender remuneration pay analysis.

 (2) In this section:

actual earnings includes the following:

 (a) base salary;

 (b) total remuneration, except for remuneration components paid on a non‑pro‑rata or fixed‑amount basis;

 (c) a fixed total remuneration amount for remuneration components paid on a non‑pro‑rata or fixed‑amount basis.

9  Gender equality indicator 4—availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities

  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to the availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities:

 (a) the existence of employer‑funded paid parental leave for primary carers, additional to any government‑funded parental leave scheme for primary carers;

 (b) the existence of employer‑funded paid parental leave for secondary carers, additional to any government‑funded parental leave scheme for secondary carers;

 (c) disaggregated data by gender and manager/non‑manager on the utilisation of parental leave;

 (d) the existence of employer‑paid superannuation when an employee is on any kind of parental leave;

 (e) the method and quantum of employer‑funded paid parental leave for primary carers;

 (f) the quantum of employer‑funded paid parental leave for secondary carers;

 (g) the number of employees who have access to employer‑funded paid parental leave for primary carers;

 (h) the number of employees who have access to employer‑funded paid parental leave for secondary carers;

 (i) the number of employees, by gender and manager/non‑manager, who:

 (i) took a period of parental leave; and

 (ii) ceased employment during, or at the end of, that period (including where the parental leave is taken continuously with any other leave type);

 (j) disaggregated data by gender and manager/non‑manager on the availability of employment terms, conditions and practices, including:

 (i) flexible hours of work; and

 (ii) compressed working weeks; and

 (iii) time‑in‑lieu; and

 (iv) work from home; and

 (v) part‑time work; and

 (vi) job sharing; and

 (vii) carer’s leave; and

 (viii) purchased leave; and

 (ix) unpaid leave;

 (k) the existence of, and information about, a flexible working arrangements policy or strategy;

 (l) the existence of, and information about, a policy or strategy to support employees with family or caring responsibilities;

 (m) the existence of any non‑leave based measures to support employees with family or caring responsibilities;

 (n) the existence of, and information about, a policy or strategy to support employees who have or are experiencing family and domestic violence;

 (o) measures, if any, to support employees who have or are experiencing family and domestic violence.

10  Gender equality indicator 5—consultation with employees on issues concerning gender equality in the workplace

  For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to consultation with employees on issues concerning gender equality in the workplace:

 (a) the existence of, and information about, a policy or strategy to support consultation with employees on issues concerning gender equality in the workplace;

 (b) consultation, if any, with employees on workplace gender equality matters, including;

 (i) the method of consultation with employees on workplace gender equality matters; and

 (ii) the categories of employees consulted;

 (c) the date the relevant employer provided the public report relating to the previous reporting period to their employees and shareholders or members.

11  Gender equality indicator 6—sexual harassment, harassment on the ground of sex or discrimination

 (1) For the purposes of subsection 3(1A) of the Act, sexual harassment, harassment on the ground of sex or discrimination is specified for the purposes of paragraph (f) of the definition of gender equality indicators in subsection 3(1) of the Act.

 (2) For the purposes of subsection 13(3) of the Act, the following matters are specified in relation to sexual harassment, harassment on the ground of sex or discrimination:

 (a) the existence of, and information about, a policy or strategy to prevent and respond to sexual harassment, harassment on the ground of sex or discrimination, including information relating to:

 (i) accountability and responsibility frameworks; and

 (ii) a process to disclose and respond to any sexual harassment, harassment on the ground of sex or discrimination; and

 (iii) training on respectful workplace conduct and sexual harassment prevention and response, including the frequency of the training; and

 (iv) frameworks outlining the communication expectations from governing bodies and managers with respect to these matters;

 (b) the existence of, and information about, a risk assessment and management policy or practice to prevent and respond to sexual harassment, harassment on the ground of sex or discrimination, including the following information:

 (i) risk prevention, controls and response plans;

 (ii) analysis of sexual harassment, harassment on the ground of sex or discrimination risks, incidents and actions;

 (iii) risk reporting to governing bodies, Chief Executive Officer or equivalent, Agency Head or equivalent and key management personnel;

 (c) information on any information or data collected by the relevant employer in relation to the prevalence of sexual harassment, harassment on the ground of sex or discrimination in the relevant employer’s workplace, including information or data on the outcomes of any reported incidents;

 (d) information on any measures in place to support employees who have experienced, or are at risk of experiencing, sexual harassment, harassment on the ground of sex or discrimination.

Part 3—Application, saving and transitional provisions

12  Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)

  Despite the repeal of the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1) (the 2013 instrument) by this instrument, the 2013 instrument, as in force immediately before that repeal, continues to apply in relation to a public report in respect of a reporting period that commenced before the repeal of the 2013 instrument.

13  Application of Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025

  The amendments made by the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2025 apply in relation to a reporting period that commences on a day after the day that instrument commences.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history