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.

For further information, refer to Reporting Compliance. 

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
• Reporting Compliance. 

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

For information on how this might affect the ability to tender for contracts, receive Commonwealth grants or other financial assistance, 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 or may exercise its discretion not to name the employer.

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 a relevant employer is 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.