WGEA Review Report

Review of the Workplace Gender Equality Act 2012, December 2021

Functions of WGEA

Current approach

The functions and powers of WGEA as set out in the Workplace Gender Equality Act include (section 10 of the Act):

  • Advising and assisting employers in promoting and improving gender equality in the workplace
  • Developing, in consultation with relevant employers and employee organisations, benchmarks in relation to gender equality indicators
  • Issuing guidelines to assist relevant employers to achieve the purposes of the Workplace Gender Equality Act
  • Reviewing compliance with the Workplace Gender Equality Act by relevant employers, reviewing public reports lodged by relevant employers, and dealing with those reports
  • Collecting and analysing information provided by relevant employers under the Workplace Gender Equality Act to assist WGEA to advise the Minister
  • Undertaking research, educational programs and other programs for the purpose of promoting and improving gender equality in the workplace
  • Working with employers to maximise the effectiveness of the administration of the Workplace Gender Equality Act, including by minimising the regulatory burden on employers
  • Promoting and contributing to understanding and acceptance, and public discussion, of gender equality in the workplace
  • Reviewing the effectiveness of the Workplace Gender Equality Act in achieving its purposes, and
  • Reporting to the Minister on such matters in relation to gender equality in the workplace as WGEA thinks fit.

Proposed approach

No recommendations to change WGEA’s functions are proposed. Some stakeholders proposed expanding WGEA’s functions. However, WGEA’s functions are already broad enough to enable them to drive progress on gender equality in Australian workplaces.

Rather than expand WGEA’s statutory functions, this report recommends expanding the statutory tools WGEA has to assist employers to drive action. For example, Recommendation 2.1 proposes that WGEA is able to publish the gender pay gap of organisations and Recommendation 3.1 proposes new gender equality standards to give WGEA an enhanced role in helping employers ‘bridge the action gap.’