Consequences of non-compliance

The Workplace Gender Equality Act 2012 (the Act) specifies a relevant employer’s obligations as well as the consequences for non-compliance. If an employer does not meet all compliance requirements, WGEA may:

• name the employer in a report to the Minister that is tabled in both Houses of Parliament
• name the employer publicly by electronic or other means
• not issue the employer with a Certificate of Compliance.

A relevant employer can be a corporate group with 100 or more employees in total across all employing ABNs (subsidiaries).

Failure by a subsidiary to meet all compliance requirements will result in the corporate group and/or the parent company being non-compliant and liable to be named as non-compliant as they are ultimately responsible for the subsidiary.

For further information, refer to Corporate Structures.

Relevant employers that do not meet their compliance requirements will not receive a Certificate of Compliance from WGEA.

Without this certificate, they may be ineligible to:

• tender for contracts under the Commonwealth Procurement Framework
• receive Commonwealth grants or other financial assistance.

For further information, refer to Government tenders.

If WGEA identifies potential non-compliance, we will give relevant employers the opportunity to explain why they are non-compliant before any formal action is taken.

Notification process for relevant employer’s before naming as non-compliant:

1. Initial notice (Section 19A)

• WGEA will notify the employer of the potential non-compliance (section 19A notice) and request the employer provide additional information to WGEA.
• The employer is given 14 days to provide additional information about the circumstances and the reason for the alleged non-compliance.

2. Assessment of Employer’s Response

• If the employer provides a reasonable excuse, they will remain non-compliant but will not be publicly named.
• If the employer fails to respond or does not provide a reasonable excuse, WGEA will proceed to the next step.

3. Final Warning (Section 19D)

• WGEA will inform the employer of its intention to publicly name them.
• The employer has 28 days to provide written representations explaining why they should not be named.

4. Final decision

• After considering the employer’s written response, WGEA will decide whether to publicly name them.
• Then, the employer’s non-compliance status will generally be published on WGEA’s website.

WGEA assesses an employer’s response and context before making a final decision on public naming.

WGEA considers the employer’s response (alongside information regarding the employer’s context, size, compliance history, etc.) in deciding whether to take compliance action in respect of a relevant employer.

Where relevant employers are repeatedly non-compliant, WGEA is more likely to publicly name them as non-compliant. WGEA is unlikely to accept the following reasons as a reasonable excuse for non-compliance:

• the employer was busy during the lodgement period
• there were changes to the CEO or other key personnel during the lodgement period
• corporate structural changes, such as selling a subsidiary or whole group.