Closing the pay gap: changes to WGEA employer reporting obligations

The Workplace Gender Equality Amendment (closing the Gender Pay Gap) Act 2023 seeks to accelerate employer action to close the gender pay gap. The Amendment will come into effect 1 April 2024.

Who is affected:

  • Registered higher education institution that is an employer
  • Natural person, body or an association that employs 100 or more employees in Australia
  • Commonwealth company or entity that employs 100 or more employees in Australia

New Obligations:

Employer reporting

Employers (with 100 or more employees) will be required to report on:

  • CEO (or equivalent) remuneration
  • Age and primary work location of all employees
  • Sex-based harassment and discrimination
  • Superannuation payment (employer/employee paid), unpaid employer/government-funded parental leave.
Mandatory sharing of data and publication of data
  • Employers must provide the previously confidential WGEA Executive Summary and Industry Benchmark report to their Board or Governing Body.
Publishing of data
  • WGEA will publish employer gender pay gaps, in addition to publishing the gender pay gap at a national, industry and occupation level. WGEA will publish the first set of private sector employer gender pay gaps in early 2024, which will cover 2022-23 reporting data.
    There is a one-year notice period for the publishing of CEO, head of business and causal manager numeration data.
Gender equality strategies

Organisations with more than 500 employees will be mandated to have policies or strategies that cover each of the six gender equality indicators.

  • Gender composition of the workforce
  • Gender composition of governing bodies
  • Equal remuneration between women and men
  • Availability and utility of employment terms, flexible working arrangements, and support for family and caring responsibilities
  • Consultation with employees on gender equality in the workforce
  • Sexual harassment, harassment on the ground of sex or discrimination

Tips for architects:

  • Determine which reporting obligations apply to your practice
  • Review (HR) systems for data collection and reporting, and prepare as required
  • Consider current policies/strategies and ensure will satisfy obligations
  • Consider additional reporting obligations about sexual harassment
  • Consider whether the “prevalence data” about sexual harassment is centrally maintained and appropriately de-identified, in case this detail is required to be reported to the WGEA

Fall below reporting thresholds?

Practices are encouraged, regardless of size, to familiarise themselves with the legislation and reporting requirements. (in preparation of growth and/or future legislative amendments)

Practices should consider undertaking gender pay gap audits and developing policies and strategies to ensure alignment with modern workplace procedures, enact equity and inclusion, and maintain attraction to future staff.

FURTHER INFORMATION

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