5.3 How do I show compliance?

Overview

You will comply with the Act if you:

  • submit an annual report with the required data on time
  • have your CEO sign the public report
  • comply with notification and access requirements 
  • meet the minimum standards in this section or, if you haven’t, improve against them within two reporting periods
  • give us information to review your compliance if we ask
  • do not include anything false or misleading in your report or in the extra compliance information we request.

The Agency issues compliance letters to confirm that an organisation is compliant with its obligations under the Act. For reporting organisations, compliance letters are available to download from the online portal once an employer has been assessed as compliant. Compliance letters are issued 28 days after the organisation has submitted a fully compliant report (there must be no outstanding data quality items to be addressed).

Employers will receive an email informing them when their compliance letter is available to download from the portal.

For more information, downlaod the Procurement Principles and User Guide below. 

Procurement principles and user guide

The Workplace Gender Equality Procurement Principles and User Guide (the Principles) outlines the steps employers who wish to participate in Government procurement processes must take to comply with the policy.

 

Provide accurate data

Standardised reporting under the Act lets us give you:

  • customised, confidential Competitor Analysis Benchmark Reports (CABRs) to help you understand your relative performance and set strategies for long-term change
  • aggregated national public benchmark data by industry.

But quality CABRs depend on the data you give us in your report. To ensure benchmark data is meaningful and comparable over time, you must:

  • accurately classify your employees in the manager and non-manager categories in section 2.3 for each entity in a corporate structure
  • accurately calculate remuneration data in your workplace profile 
  • make sure your answers in the questionnaire reflect shared industry interpretations of key workplace gender equality concepts and terms.

When you upload your workplace profile to our online portal in line with section 1.4, we will:

  • validate your data 
  • tell you about possible data entry or quality errors.

For more information, see the data quality troubleshooting section of our website. 

Review your compliance

We can review your compliance with the Act:

  • by asking you for more information
  • randomly
  • after assessing comments your employees or employee organisations have made.

We issue compliance letters:

  • to confirm that you meet your obligations under the Act
  • 28 days after you submit a fully compliant report
  • that you can download from our online portal once we deem you compliant, and we will email you to tell you this.

But if you do not comply:

  • we can name your organisation in a report to the Minister that is tabled in both Houses of Parliament, and by electronic or other means
  • you may not be eligible to tender for contracts under Commonwealth and some state procurement frameworks
  • you may not be eligible for some Commonwealth grants or other financial help

See our website for a current list of non-compliant organisations.

Demonstrate compliance when tendering 

Organisations tendering for government contracts may need to satisfy a requirement to be compliant with the Workplace Gender Equality Act 2012.

  • For organisations that have reported, your compliance letter fulfils this requirement. 
  • For non-public sector organisations with 100 or more employees who are not registered with the Agency you will need to register with WGEA to be compliant until your first submission is due. Please visit the Do you need to report? section.
  • For organisations that are not required to report as they have less than 100 employees across their entire structure, please contact the Agency via email to request a tender letter. In your request please include the following information: 
    • legal name of organisation
    • ABN
    • total employee count across all employing entities
    • address
    • name, title and salutation of the CEO/head of business 
    • the name of the government department or agency you are tendering.