Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024

High-Level Summary
The bill proposes to amend the Workplace Gender Equality Act 2012 to require employers with 500 or more employees to set and meet gender equality targets, reporting their progress to the Workplace Gender Equality Agency. It grants the Minister for Women the power to specify target selection rules.

Summary
The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 aims to modify the Workplace Gender Equality Act 2012. It introduces a requirement for relevant employers, defined as those with 500 or more employees, to select and meet specified gender equality targets within a three-year cycle, and report their progress to the Workplace Gender Equality Agency. The bill empowers the Minister for Women to set the targets and selection rules via a legislative instrument, following consultation with the Agency. The targets could involve numeric goals or actions, and must include at least one numeric target in each cycle. If employers fail to meet these targets or demonstrate improvements, they are considered non-compliant with the Act, potentially affecting their eligibility for government contracts under the Commonwealth procurement framework. The bill also explicitly includes subsidiaries with 100 or more employees as relevant employers. According to the explanatory memorandum, these changes are part of implementing Recommendation 3.1(a) from the Review of the Workplace Gender Equality Act 2012. The bill is designed to ensure that gender equality practices evolve with employer experiences and emerging best practices.

Argument For
Normative Bases
  1. Egalitarianism
  2. Non-Discrimination

The bill should be supported because it enhances gender equality in the workplace by requiring large employers to actively pursue and report on specific gender equality targets. This aligns with the principle of egalitarianism, ensuring more equitable treatment and opportunities for all genders in the workplace. By setting clear targets and holding employers accountable, the bill aims to reduce gender-based disparities and foster a more inclusive work environment. Additionally, the bill addresses the issue of non-discrimination by mandating that employers take concrete steps to promote gender equality, thus helping to dismantle systemic barriers that have historically disadvantaged certain genders. The flexibility in target selection allows employers to tailor their strategies to their unique contexts while ensuring progress is made in critical areas of gender equality [Judgment].


Argument Against
Normative Bases
  1. Propertarianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because it imposes additional regulatory burdens on large employers, which may be perceived as onerous and inconsistent with efficient business operations. From a propertarian perspective, the requirement for companies to meet government-mandated targets could be seen as an overreach that infringes on the autonomy of private enterprises. It may lead to increased administrative costs and divert resources away from other business priorities. Furthermore, the compulsory nature of the targets could result in employers focusing on compliance rather than genuine improvements in gender equality, potentially leading to tokenistic measures rather than meaningful change [Judgment]. Additionally, the bill could adversely affect business competitiveness in government procurement processes, as non-compliance would limit access to government contracts, impacting revenue and growth opportunities.


Date:

2024-11-20

Status:

Passed Both Houses

Sponsor:

Unspecified

Portfolio:

Women

Categories:

Discrimination / Human Rights, Labour, Civics

Timeline:
20/11/2024
26/03/2025

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