Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2015L00237

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Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1)
 
Workplace Gender Equality Act 2012
I, ERIC ABETZ, Minister for Employment, make the following instrument under subsection 13(3) of the Workplace Gender Equality Act 2012.
Dated  24th February 2015
 
ERIC ABETZ
Minister for Employment
 
 
  
  
  
1                 Name of instrument
                   This instrument is the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Amendment Instrument 2015 (No. 1).
2                 Commencement
                   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.
 
Commencement information

Column 1
Column 2

Provision(s)
Commencement

1.  Sections 1 to 4, item 4 of Schedule 1 and anything in this instrument not elsewhere covered in this table.
The day after this instrument is registered.
 

2.  Items 1 to 3 of Schedule 1.
1 April 2015.
 

3.  Item 5 of
Schedule 1.
Immediately after the start of 1 April 2015.
 

3                 Authority
                   This instrument is made under subsection 13(3) of the Workplace Gender Equality Act 2012.
4                 Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
 
Schedule 1          Amendments
Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2013 (No. 1)
1                 Section 5 (definition of employment status)
                   Repeal the definition, substitute:
employment status means employment on a:
(a)    part-time;
(b)   full-time;
(c)    permanent/ongoing;
(d)   casual; or
(e)    fixed-term contract/non-ongoing;
basis, but does not include employment on a contract for services basis.
2                 Section 5 (definition of manager)
                   Repeal the definition, substitute:
manager means each of the following:
(a)    Chief Executive Officer (CEO) or equivalent;
(b)   key management personnel; and
(c)    other managers.
3                 Section 5 (definition of non-manager)
                   Repeal the definition, substitute:
non-manager means each of the following:
(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; and
(j)     other non-managers.
4                 Schedule 2
                   Repeal the Schedule, substitute:
Schedule 2—Amendments of Schedule 1 commencing on 1 April 2015
1        Clause 1
                   Repeal the clause, substitute:
 
1     Gender Equality Indicator 1—gender composition of the workforce
 
                   Each relevant employer is to report on the gender composition of its workforce.
 
                   Matters that must be included in the report
1.1       Disaggregated data by gender on workforce profile is required on:
1.1.1   employment status;
1.1.2   managers, including distance from the CEO or equivalent; and
1.1.3   non-managers.
1.2       The existence of strategies or policies to support gender equality.
1.3       The composition of applicants appointed to positions by gender and by manager/non-manager.
1.4       The number and proportion of employees awarded promotions by gender, employment status and manager/non-manager.
1.5       The number and proportion of employees who have resigned  by gender, employment status and manager/non-manager.
2        Clause 3
Repeal the clause, substitute:
3     Gender Equality Indicator 3 – equal remuneration between women and men
 
Each relevant employer is to report on the remuneration of managers, including distance from the CEO or equivalent, and non-managers.
In this clause 3, a manager does not include:
(a)    key management personnel with a reporting distance above the CEO or equivalent;
(b)   the CEO or equivalent; or
(c)    a casual manager.
 
Matters that must be included in the report
3.1  Disaggregated data regarding the remuneration profile of managers and non-managers by gender and by workplace profile categories including:
3.1.1  annualised average full-time equivalent base salary; and
3.1.2  annualised average full-time equivalent total remuneration, except for remuneration components paid on a non-pro-rata or fixed-amount basis; and
3.1.3  a fixed total remuneration amount for remuneration components paid on a non-pro-rata or fixed-amount basis.
3.2  The existence of a remuneration policy or strategy.
3.3  The gender pay equity objectives, if any, which are included in the remuneration policy or strategy.
3.4  Whether any gender remuneration gap analysis has been undertaken and, if so, when.
3.5  The actions taken, if any, as a result of a gender remuneration pay analysis.
3        Clause 4
Repeal the clause, substitute:
 
4     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
                
                     Each relevant employer is to report on 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.
 
                     Matters that must be included in the report
 
4.1  The existence of employer funded paid parental leave for primary carers, additional to any government funded parental leave scheme for primary carers.
4.2  The existence of employer funded paid parental leave for secondary carers, additional to any government funded parental leave scheme for secondary carers.
4.3  Disaggregated data by gender and manager/non-manager on the utilisation of parental leave.
4.4  The method and quantum of employer funded paid parental leave for primary carers.
4.5  The quantum of employer funded paid parental leave for secondary carers.
4.6  The proportion of the workforce who has access to employer funded paid parental leave for primary carers.
4.7  The proportion of the workforce who has access to employer funded paid parental leave for secondary carers.
4.8  The proportion of employees who took a period of parental leave who ceased employment during, or at the end of that period (including where the parental leave is taken continuously with any other leave type), by gender and manager/non-manager.
4.9  Disaggregated data by gender and manager/non-manager on the availability of employment terms, conditions and practices including:
4.9.1   flexible hours of work;
4.9.2   compressed working weeks;
4.9.3   time-in-lieu;
4.9.4   telecommuting;
4.9.5   part-time work;
4.9.6   job sharing;
4.9.7   carer’s leave;
4.9.8   purchased leave;
4.9.9   unpaid leave; and
4.9.10    other.
4.10The existence of a flexible working arrangements policy or strategy.
4.11The existence of policies or strategies to support employees with family or caring responsibilities.
4.12The existence of any non-leave based measures to support employees with family or caring responsibilities.
4.13The existence of a policy or strategy to support employees who have or are experiencing family or domestic violence.
4.14Measures, if any, to support employees who have or are experiencing family or domestic violence.
 
 
5                 Repeal of Schedule 2
                   Repeal Schedule 2 commencing immediately after the start of 1 April 2015.
                        Note: Item 5 repeals Schedule 2 as amended by item 4 of this Schedule.