under a contract of service, whether on a full-time, part-time, casual or temporary basis; or

under a contract for services; or

as described in subsection (5) or (6).

employment matters includes the following: the recruitment procedure, and selection criteria, for appointment or engagement of persons as employees; the promotion, transfer and termination of employment of employees; training and development for employees; work organisation, including flexible working arrangements; conditions of service of employees, including equal remuneration between women and men; (f) arrangements for dealing with sexual harassment, or harassment on the ground of sex, of employees in the workplace, or discrimination against employees in the workplace; arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children; arrangements relating to employees with family or caring responsibilities. executive summary report, for a relevant employer for a reporting period, means a report that: is given by the Agency to the relevant employer; and contains a summary of the information contained in a public report prepared by the relevant employer in respect of the reporting period.

the recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;

the promotion, transfer and termination of employment of employees;

training and development for employees;

work organisation, including flexible working arrangements;

conditions of service of employees, including equal remuneration between women and men;

(f) arrangements for dealing with sexual harassment, or harassment on the ground of sex, of employees in the workplace, or discrimination against employees in the workplace;

arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children;

arrangements relating to employees with family or caring responsibilities.

executive summary report, for a relevant employer for a reporting period, means a report that:

is given by the Agency to the relevant employer; and

contains a summary of the information contained in a public report prepared by the relevant employer in respect of the reporting period.

gender equality indicators means the following: gender composition of the workforce; gender composition of governing bodies of relevant employers; equal remuneration between women and men; 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; consultation with employees on issues concerning gender equality in the workplace; sexual harassment, harassment on the ground of sex or discrimination; any other matters specified in an instrument under subsection (1A). gender equality standard: see subsection 19(1A). gender equality target: see subsection 17B(2).

gender composition of the workforce;

gender composition of governing bodies of relevant employers;

equal remuneration between women and men;

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;

consultation with employees on issues concerning gender equality in the workplace;

sexual harassment, harassment on the ground of sex or discrimination;

any other matters specified in an instrument under subsection (1A).

gender equality standard: see subsection 19(1A).

gender equality target: see subsection 17B(2).

governing body of a relevant employer means the body, or group of members of the employer, with primary responsibility for the governance of the employer.

harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.

industry benchmark report, for a relevant employer for a reporting period, means a report that:

is given by the Agency to the relevant employer; and

compares the information contained in a public report prepared by the relevant employer in respect of the reporting period with the information contained in public reports prepared by similar relevant employers in respect of the reporting period.

man means a member of the male sex irrespective of age.

personal information has the same meaning as in the Privacy Act 1988.

potentially pregnant has the meaning given by section 4B of the Sex Discrimination Act 1984.

public report means a public report referred to in section 13.

registered higher education provider means a person or body that is a registered higher education provider for the purposes of the Tertiary Education Quality and Standards Agency Act 2011.

relevant employer: see section 4.

reporting period means:

for a relevant employer that is not a Commonwealth company or a Commonwealth entity—a period referred to in subsection 13A(2); or

for a relevant employer that is a Commonwealth company or Commonwealth entity—a period referred to in subsection 13A(2A).

sexually harass has the same meaning as in the Sex Discrimination Act 1984.

target cycle: see section 17A.

woman means a member of the female sex irrespective of age.

is receiving funding support from the Commonwealth Government; and

has placed a trainee in employment with a host employer; and

pays the trainee, and receives payments from the host employer, for the services rendered by the trainee to the host employer;

the trainee is taken to be employed by the Scheme and not by the host employer.

a registered higher education provider that is an employer; or

a natural person, or a body or association (whether incorporated or not), that is an employer of 100 or more employees in Australia; or

a Commonwealth company that is an employer of 100 or more employees in Australia; or

a Commonwealth entity that is an employer of 100 or more employees in Australia.

a State; or

a Territory; or

a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory, other than a registered higher education provider; or

the holder of an office established for a public purpose by or under a law of a State or Territory; or

an incorporated company over which a State, a Territory or a body referred to in paragraph (c) is in a position to exercise control.

(a) if an employer is a body corporate that is a subsidiary (within the meaning of the Corporations Act 2001) of one or more other bodies corporate, and the subsidiary employs a person, the subsidiary and each of the other bodies corporate are taken to employ the person; and

(b) if the relevant employer is a Commonwealth company—a Commonwealth company employs a person if the person is employed by another Commonwealth company which is a subsidiary (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the first-mentioned Commonwealth company; and

(c) if the relevant employer is a Commonwealth entity that is a corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013)—the corporate Commonwealth entity employs a person if the person is employed by another corporate Commonwealth entity which is a subsidiary (within the meaning of that Act) of the first-mentioned corporate Commonwealth entity.

the relevant employer employs 500 or more employees at any time; and

the relevant employer is not already a designated relevant employer at that time.

the number of employees of the employer falls below 400 for a continuous period of 6 months; or

the employer ceases to be a relevant employer.

between Australia and a place outside Australia;

between the States; or

within a Territory, between a State and a Territory, or between two Territories.

the Convention on the Elimination of all Forms of Discrimination Against Women, done at New York on 18 December 1979 ([1983] ATS 9); or

the ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, done at Geneva on 29 June 1951 ([1975] ATS 45); or

the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, done at Geneva on 25 June 1958 ([1974] ATS 12); or

the ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, done at Geneva on 23 June 1981 ([1991] ATS 7); or

the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966 ([1976] ATS 5); or

the Convention on the Rights of the Child, done at New York on 20 November 1989 ([1991] ATS 4).

the Agency is a listed entity; and

the CEO is the accountable authority of the Agency; and

the persons referred to in subsection (2) are officials of the Agency; and

the purposes of the Agency include the functions of the Agency referred to in section 10.

to advise and assist employers in promoting and improving gender equality in the workplace; and

to develop, in consultation with relevant employers and employee organisations, benchmarks in relation to gender equality indicators; and

to issue guidelines to assist relevant employers to achieve the purposes of this Act; and

to review compliance with this Act by relevant employers, to review public reports lodged by relevant employers and to deal with those reports in accordance with this Act; and

to collect and analyse information provided by relevant employers under this Act to assist the Agency to advise the Minister in relation to legislative instruments made under this Act; and

to undertake research, educational programs and other programs for the purpose of promoting and improving gender equality in the workplace; and

to work with employers to maximise the effectiveness of the administration of this Act, including by minimising the regulatory burden on employers; and

to promote and contribute to understanding and acceptance, and public discussion, of gender equality in the workplace; and

to review the effectiveness of this Act in achieving its purposes; and

to report to the Minister on such matters in relation to gender equality in the workplace as the Agency thinks fit (including a review under paragraph (g)).

a report on the operations of the Agency during the period to which the report relates; or

a report in respect of any matter relating to, or connected with, the exercise of the powers, or the performance of the functions, of the Agency under this Act.

the 2-year period ending on 31 May 2016; and

each later 2-year period;

submit to the Minister a report on the progress achieved in relation to the gender equality indicators in that period.

that relates to the employer’s compliance with this Act or to the employer’s performance against the gender equality standards; and

that is specified in the notice.

a relevant employer fails to lodge a public report on time (see sections 13A, 13B and 17); and

a relevant employer fails to inform employees, shareholders or members of the employer that a public report has been lodged (see section 16); and

a relevant employer fails to inform employees and relevant employee organisations as required by sections 16A and 16B; and

a relevant employer fails to give the Agency information under section 19A; and

a designated relevant employer fails to select gender equality targets for a target cycle (see subsection 13(3AA)).

Naming employer in Agency report

subsection 12(2); or

(b) Public Governance, Performance and Accountability Act 2013.section 46 of the

Naming employer in other ways

name an employer in a report under:

subsection 12(2); or

(ii) Public Governance, Performance and Accountability Act 2013; orsection 46 of the

name an employer under subsection (3) of this section;

the Agency must:

give the employer notice in writing of the proposal and the reasons for the proposal; and

invite the employer to make written representations to the Agency about the proposal within the period of 28 days beginning on the day the notice is given; and

have regard to any written representations made by the employer within that period.

a relevant employer lodges a public report under section 13A in respect of a reporting period; and

the report is lodged within the time allowed by section 13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, the Agency must not give the employer a notice under subsection (4) of this section in relation to the lodgement of that report.

such remuneration as is determined by the Remuneration Tribunal; and

such allowances as are prescribed.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

engages, except with the approval of the Minister, in paid employment outside the duties of the office of CEO;

is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or 28 days in any 12 months; or

without reasonable excuse, contravenes:

section 27; or

(ii) Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;section 29 of the

the Governor-General shall terminate the appointment of the CEO.

during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the CEO is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of CEO;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the CEO; and

terminate such an appointment at any time.

the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

the CEO is the Head of that Statutory Agency.

representing industry or business (including a part of an industry); or

representing employee organisations; or

representing registered higher education providers; or

having special knowledge or interest in relation to gender equality in the workplace, the functions of the Agency or the operation of this Act.

make a record of, or divulge or communicate to any person, any confidential information acquired by the first-mentioned person by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised;

make use of any information as is mentioned in paragraph (a); or

produce to any person a document relating to confidential information of another person furnished for the purposes of this Act.

performing a duty or function, or exercising a power, under, or in connection with, this Act; or

performing a function, or exercising a power, under an arrangement in force under section 33.

to divulge or communicate to a court any confidential information acquired by the first-mentioned person by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised; or

to produce in a court a document relating to confidential information of which the first- mentioned person has custody, or to which that person has access, by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised;

except where it is necessary to do so for the purposes of this Act.

divulging or communicating information, or producing a document, to the Agency or an officer of a State, in accordance with an arrangement in force under section 33; or

divulging or communicating information, or producing a document, that is required or permitted by an Act to be divulged, communicated or produced, as the case may be.

a person referred to in subsection 29(1); or

an officer in respect of whom an arrangement is in force under subsection (4);

all or any of the powers and functions of the Agency under this Act other than this power of delegation.