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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Equal
Opportunity for Women in the Workplace Amendment
Bill 1999
No.
, 1999
(Employment, Workplace Relations and Small
Business)
A Bill for an Act to amend the
Affirmative Action (Equal Employment Opportunity for Women) Act 1986, and
for related purposes
ISBN: 0642 409315
Contents
Part 1—Amendment of the Equal Opportunity for Women in the Workplace
Act 1999 3
Part 2—Amendment of the Equal Employment Opportunity (Commonwealth
Authorities) Act 1987 11
Affirmative Action (Equal Employment Opportunity for Women) Act
1986 12
A Bill for an Act to amend the Affirmative Action
(Equal Employment Opportunity for Women) Act 1986, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Equal Opportunity for Women in the
Workplace Amendment Act 1999.
(1) Sections 1, 2, 3 and 4 and Schedule 2 commence on the day on which
this Act receives the Royal Assent.
(2) Schedules 1 and 3 commence on 1 January 2000.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
In a Schedule to this Act, unless the contrary intention appears,
Equal Opportunity for Women in the Workplace Act means:
(a) so far as the context relates to a time before the day on which this
Act receives the Royal Assent—the Affirmative Action (Equal
Employment Opportunity for Women) Act 1986 as in force at that
time; or
(b) otherwise—the Equal Opportunity for Women in the Workplace
Act 1999.
Note: Item 1 of Schedule 2 to this Act changes the short
title of the Affirmative Action (Equal Employment
Opportunity for Women) Act
1986 to the Equal Opportunity for Women in the
Workplace Act 1999.
Part
1—Amendment of the Equal
Opportunity for Women in the Workplace Act 1999
1 Title
Omit “Affirmative Action” (twice occurring), substitute
“Equal Opportunity for Women in the Workplace”.
2 After section 2
Insert:
The principal objects of this Act are:
(a) to promote the principle that employment for women should be dealt
with on the basis of merit; and
(b) to promote, amongst employers, the elimination of discrimination
against, and the provision of equal opportunity for, women in relation to
employment matters; and
(c) to foster workplace consultation between employers and
employees on issues concerning equal opportunity for women in relation to
employment.
3 Subsection 3(1) (definition of affirmative
action program)
Repeal the definition.
4 Subsection 3(1) (definition of
Agency)
Omit “Affirmative Action”, substitute “Equal Opportunity
for Women in the Workplace”.
5 Subsection 3(1) (definition of amalgamated
institution)
Repeal the definition.
6 Subsection 3(1) (definition of
Director)
Omit “Affirmative Action”, substitute “Equal Opportunity
for Women in the Workplace”.
7 Subsection 3(1) (definition of employment
matters)
Repeal the definition, substitute:
employment matters includes the following:
(a) the recruitment procedure, and selection criteria, for appointment or
engagement of persons as employees;
(b) the promotion, transfer and termination of employment of
employees;
(c) training and development for employees;
(d) work organisation;
(e) conditions of service of employees;
(f) arrangements for dealing with sex-based harassment of
women in the workplace.
8 Subsection 3(1)
Insert:
equal opportunity for women in the workplace program, in
relation to a relevant employer, means a program designed to ensure
that:
(a) appropriate action is taken to eliminate all forms of discrimination
by the relevant employer against women in relation to employment matters;
and
(b) measures are taken by the relevant employer to contribute to the
achievement of equal opportunity for women in relation to employment
matters.
9 Subsection 3(1) (definition of operative
day)
Repeal the definition.
10 Subsection 3(1)
Insert:
workplace profile, in relation to a relevant employer, means
factual information as to the composition of the employer’s
workforce.
11 Subsection 3(1)
Insert:
workplace program is short for equal opportunity for women in
the workplace program.
12 Subsection 5(4)
Omit “an affirmative action”, substitute “a
workplace”.
13 Part II (heading)
Repeal the heading, substitute:
14 Section 6
Repeal the section, substitute:
(1) An employer:
(a) who is a relevant employer on the commencement of this section;
or
(b) who becomes a relevant employer after the commencement of this
section;
must develop and implement workplace programs.
(2) If, at any time, an employer ceases to be a relevant employer because
the number of employees of the employer falls below 100, this Act continues to
apply to the employer as if the employer were a relevant employer unless and
until the number of employees falls below 80.
15 Sections 7 and 8
Repeal the sections, substitute:
(1) In preparing a workplace program, a relevant employer must prepare a
workplace profile. The workplace profile must relate to the employer’s
workplace at a specified date occurring not more than 6 months before the start
of the period to which the program relates.
(2) After preparing the profile, the relevant employer must prepare an
analysis of the issues relating to employment matters that the employer would
need to address to achieve equal opportunity for women in the employer’s
workplace.
(3) The program must provide for:
(a) actions to be taken in relation to priority issues identified in the
analysis; and
(b) evaluation of the effectiveness of the actions in achieving equal
opportunity for women in the employer’s workplace.
(4) A workplace program of a relevant employer may contain any other
provision that the relevant employer thinks fit that is not inconsistent with
the objects of this Act.
(5) A relevant employer must have a workplace program for each reporting
period (see section 13A).
16 Part III (heading)
Repeal the heading, substitute:
17 Subsections 8A(1) and
(2)
Omit “Affirmative Action”, substitute “Equal Opportunity
for Women in the Workplace”.
Note: The heading to section 8A is altered by omitting
“Affirmative Action” and substituting “Equal
Opportunity for Women in the Workplace”.
18 Subsection 9(1)
Omit “Affirmative Action”, substitute “Equal Opportunity
for Women in the Workplace”.
19 Paragraphs 10(1)(a) and
(d)
Omit “affirmative action”, substitute
“workplace”.
20 Paragraphs 10(1)(e), (f) and
(h)
Omit “affirmative action to achieve equal employment opportunity for
women”, substitute “equal opportunity for women in the
workplace”.
21 Sections 13, 13A and 14
Repeal the sections, substitute:
(1) A relevant employer must prepare, in respect of each reporting period
(see section 13A), a public report in writing about the outcomes of the
employer’s workplace program.
(2) The public report must:
(a) set out the workplace profile; and
(b) describe the employer’s analysis of the issues in the
employer’s workplace relating to equal opportunity for women;
and
(c) describe the actions taken by the employer during the reporting period
to address the priority issues identified in the analysis; and
(d) describe the actions that the employer plans to take in the next
reporting period to address issues in the employer’s workplace relating to
employment matters that the employer would need to address to achieve equal
opportunity for women in the employer’s workplace.
(3) The report may contain an evaluation of the effectiveness of the
actions in achieving equal opportunity for women in the employer’s
workplace. If the public report does not contain such an evaluation, the
evaluation must be submitted in a confidential report under section
14.
(1) A relevant employer must lodge with the Agency public reports in
respect of each of the periods set out in this section unless subsection (4)
applies to the employer in respect of a reporting period.
(2) A relevant employer must prepare a public report in respect of the
period of 12 months commencing on 1 April 2000.
(3) A relevant employer must prepare a public report in respect of the
period of 2 years commencing on 1 April 2001 and after that, in respect of each
consecutive period of 2 years.
(4) If the relevant employer had the status of relevant employer for less
than 6 months of a particular reporting period, the employer does not have to
comply with an obligation under this section to report in respect of that
particular period.
Unless a relevant employer has received an extension of time in which to
lodge a report under section 17, the employer must lodge a public report under
section 13A within 2 months after the end of the period to which the report
relates.
(1) The Agency may waive the reporting requirements set out in sections
13, 13A and 13B in respect of a relevant employer:
(a) on application in writing made to it by the relevant employer;
or
(b) on its own initiative.
(2) Before the Agency waives the reporting requirements in respect of a
relevant employer, the Agency must be satisfied that the employer has taken all
reasonably practicable measures to address the issues relating to employment
matters that affect equal opportunity for women in the employer’s
workplace.
(3) In making a decision under subsection (2), the Agency must have regard
to regulations, if any, made for the purposes of subsection (5).
(4) The waiver must be in writing and specify the period for which the
waiver operates.
(5) The regulations may prescribe matters to be taken into account by the
Agency when determining if it is satisfied that a relevant employer has taken
all reasonably practicable measures to address the issues relating to employment
matters that affect equal opportunity for women in the employer’s
workplace.
(1) A relevant employer may choose to lodge, as a confidential report, the
employer’s evaluation of the actions taken by the employer to address the
issues in the employer’s workplace relating to equal opportunity for
women.
(2) In the evaluation, the employer must assess the effectiveness of the
actions in achieving equal opportunity for women in the workplace.
(3) A confidential report must be in writing and lodged with the Agency
during the same period that the public report, of which the confidential report
is a part, is required to be lodged.
22 Subsection 17(1)
Omit “subsection 13(2)”, substitute “section
13B”.
23 Section 18
Repeal the section, substitute:
If a public report or confidential report has been lodged with the Agency
by a relevant employer, the Agency may, by notice in writing, request the
employer to provide to the Agency such information as is specified in the notice
concerning any aspect of:
(a) the employer’s workplace program; or
(b) the preparation of the report; or
(c) the report itself.
24 Part V (heading)
Repeal the heading, substitute:
25 Subsection 31(1)
Omit “affirmative action”, substitute
“workplace”.
26 Paragraphs 31(3)(e) and
33(5)(a)
Omit “affirmative action”, substitute
“workplace”.
Part
2—Amendment of
the
Equal Employment Opportunity (Commonwealth Authorities) Act
1987
27 Subsection 3(1) (paragraph (b) of the
definition of authority)
Omit “Affirmative Action (Equal Employment Opportunity for Women)
Act 1986”, substitute “Equal Opportunity for Women in the
Workplace Act 1999”.
Affirmative
Action (Equal Employment Opportunity for Women) Act
1986
1 Section 1
Omit “Affirmative Action (Equal Employment Opportunity for Women)
Act 1986”, substitute “Equal Opportunity for Women in the
Workplace Act 1999”.
1 Definitions
In this Schedule:
Agency means the Equal Opportunity for Women in the Workplace
Agency.
amended Equal Opportunity for Women in the Workplace Act
means the Equal Opportunity for Women in the Workplace Act as in force on and
after 1 January 2000.
Director means the Director of Equal Opportunity for Women in
the Workplace.
old Equal Opportunity for Women in the Workplace Act means
the Equal Opportunity for Women in the Workplace Act as in force immediately
before 1 January 2000.
2 Continuity of Agency and Director not
affected
To avoid doubt:
(a) the continuity of the Agency’s existence; and
(b) the continuity of the Director’s appointment;
is not affected by the change to the Agency’s name or
Director’s title, or by any other amendment, made by Schedule 1 or
2.
3 Waiver of reporting
obligations
A waiver given under section 13A of the old Equal Opportunity for Women in
the Workplace Act continues in force according to its terms as if it were issued
under section 13C of the amended Equal Opportunity for Women in the Workplace
Act.