Review of the Equal Opportunity for Women in the Workplace Act 1999 

• 3.1 Objects and coverage of the EOWW Act
• 3.2 Workplace programs, reporting and compliance
• 3.3 The role and activities of EOWA

This section provides a brief overview of the EOWW Act and EOWA. In particular, it outlines the objects and key provisions of the EOWW Act; the current role and functions of EOWA; and the relationship of the EOWW Act to other Australian legislation.

The EOWW Act is an important component of Australia’s workplace and human rights legislation. The EOWW Act came into effect on 1 January 2000, renaming and updating the Affirmative Action (Equal Employment Opportunity for Women) Act 1986, which underwent a review in 1998–99 ¹⁴.

3.1 Objects and coverage of the EOWW Act

3.1.1 Objects of the EOWW Act

The EOWW Act requires certain employers to promote equal opportunity for women in employment. The principal objects of the EOWW Act are to:

• promote the principle that employment for women should be dealt with on the basis of merit;
• promote the elimination of discrimination, both direct and indirect, and the provision of equal employment opportunity for women in relation to employment matters among employers; and
• foster workplace consultation between employers on issues concerning equal opportunity for women in relation to employment ¹⁵.

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3.1.2 Coverage of the EOWW Act

The EOWW Act applies to organisations with 100 or more employees, including from private sector organisations; not-for-profit/community organisations; non-government schools; trade unions; higher education institutions and group training organisations. These organisations are collectively known as 'reporting organisations'. The identification of reporting organisations is largely based on self-identification and disclosure by organisations.

As of July 2009, there are 2,890 reporting organisations that submit reports on behalf of a total of 9,333 organisations. The difference in these numbers is because employers can either report on their workplace program themselves or be reported on by another organisation in their corporate structure. In the 2007–08 reporting period, there were 1.2 million female employees covered by reports to EOWA. A further 80,000 women worked in 154 organisations that did not submit a report in that year as their reporting obligations had been waived. There were a total of 4,930,100 women employed in the Australian workforce in July 2009 ¹⁶.

The EOWW Act does not include as ‘employees’ equity partners in professional firms or non-executive board members, meaning that employment outcomes for women in these positions are not necessarily captured in workplace programs or organisational reporting.

The issue of extending the EOWW Act to other equal employment opportunity groups was considered during the 1998 legislative review ¹⁷. It was determined at that time that the focus of this legislation should remain on the full range of employment opportunities for women, as they continue to face significant equity issues in terms of employment outcomes.

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3.2 Workplace programs, reporting and compliance

3.2.1 Preparation of workplace programs

The EOWW Act requires that employers develop strategies to prevent discrimination and achieve equal employment opportunity for women. It requires reporting organisations to develop and implement an annual workplace program aimed at eliminating discrimination and contributing to equal opportunity for women in the workplace, and to report annually to EOWA on the program’s effectiveness.

Before developing a workplace program, an employer must:

• confer responsibility for the development and implementation of the program on a person having sufficient authority and status within the management of the organisation ¹⁸; and
• consult with employees, particularly employees who are women ¹⁹

When preparing a workplace program, an employer is required to:

• prepare a workplace profile ²⁰; and
• prepare an analysis of issues relating to employment matters that need to be addressed in order to achieve equal opportunity for women in the workplace ²¹;
• The term "employment matters" is defined to include: recruitment procedure and selection criteria; promotion, transfer and termination; training and development; work organisation; conditions of service; arrangements for dealing with sex based harassment of women; and arrangements for dealing with pregnant or potentially pregnant employees and those breastfeeding their children.

A workplace program must provide for:

• actions to be taken in relation to priority issues identified in the analysis; and
• evaluation of the effectiveness or otherwise of actions taken.

Organisations can use a number of indicators to chart the effectiveness of their programs, for example: increased productivity, reduced absenteeism and turnover, improved rates of women in management and in non-traditional roles, and the reduction or elimination of discrimination-related complaints.

Developing and implementing a workplace program can impose costs on employers. For example, additional costs may relate to dedicated human resources staff and implementation costs of new programs and activities across the organisation.

Many of these practices also confer benefits in terms of enhanced productivity, reduced absenteeism and turnover, improved staff morale, and a positive corporate image.

There is a growing body of evidence concerning the benefits of gender diversity to the productive capacity of organisations and, in turn, to the economy. A recent report from Catalyst, for example, found that in four out of five industries in the United States, the companies with the highest women’s representation on their top management teams experienced a higher total return to shareholders than the companies with the lowest representation of women ²².

Other research indicates that a lack of women in leadership positions results in greater scarcity in talent within organisations and reduced employee engagement ²³.

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3.2.2 Reporting obligations

Relevant employers must prepare an annual public report about the outcomes of their workplace programs.

This public report must contain the workplace profile; an analysis of the issues in their workplace relating to equal opportunity for women; the actions taken to address the priority issues identified in the analysis; and the actions that the employer plans to take in the next reporting period that are still necessary to achieve equal opportunity for women in their workplace.

Employers must also submit an evaluation of the effectiveness of the actions taken in the previous 12 months to achieve equal opportunity for women in their workplace. This evaluation may be submitted to EOWA as either part of the public report, or be submitted separately on a confidential basis.

These reports are retrospective, and cover a 12-month period (1 April to 31 March). Reports are due to EOWA by 31 May of each year.

Reporting requirements may be waived by EOWA if the employer has complied for a period of no less than three consecutive years and can demonstrate to EOWA that all reasonably practical measures have been taken to address equal opportunity for women in their workplace.

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3.2.3 Compliance and enforcement

TThe EOWW Act’s enforcement provisions focus on the situation where a reporting organisation fails to lodge an annual report or fails to comply with a direction by EOWA to provide further information. In these circumstances, EOWA may identify non-compliant organisations in its annual report to the Minister. This annual report is tabled in Parliament.

Compliance reports and names of non-compliant organisations are also listed on EOWA’s website. As of 17 October 2008, there were over 2,500 reporting organisations that complied with requirements of the EOWW Act and 12 organisations that were deemed to be non-compliant ²⁴.

A further compliance incentive is that the Australian Government Procurement Guidelines prevent government departments from buying goods and services from, or entering into contracts with, non-compliant organisations. Non-compliant organisations may also be ineligible for grants under specified industry assistance programs.

EOWA does not have the power to conduct self-initiated action or investigations. In practice, EOWA relies significantly on cooperative relations with employers through education and promotion activities, implementation of performance incentives (award schemes), and a staged process of issuing reminders and offers of assistance to employers prior to sending letters signalling an intention to name a non-compliant organisation in Parliament.

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3.3 The role and activities of EOWA

3.3.1 Organisational structure, resourcing and staffing

EOWA is an Australian Government statutory authority. Following the change of government in 2007, EOWA joined the portfolio of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) from the former Employment and Workplace Relations portfolio. The Director of EOWA reports directly to the Minister for the Status of Women. EOWA has a total annual revenue of $3.4 million.

EOWA employs 17 full-time equivalent staff, and recruits an additional 10 staff each year for between two and five months to receive and assess compliance reports.

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3.3.2 Role and functions of EOWA

The primary role of EOWA is to administer the EOWW Act and to provide information, advice, education and communication to reporting organisations and members of the broader community to achieve equal opportunity for women in the workplace ²⁵. Broadly, EOWA is required to:

• advise and assist relevant employers in the development and implementation of workplace programs;
• issue guidelines to assist relevant employers achieve the purposes of the EOWW Act;
• monitor the lodging of reports by relevant employers as required by the EOWW Act and to review those reports and deal with them in accordance with the Act;
• monitor and evaluate the effectiveness of workplace programs in achieving the purposes of the EOWW Act;
• undertake research, educational programs and other programs for the purpose of promoting equal opportunity for women in the workplace;
• promote understanding and acceptance, and public discussion of equal opportunity for women in the workplace;
• review the effectiveness of the EOWW Act in achieving its purposes; and
• report to the Minister on such matters in relation to equal opportunity for women in the workplace ²⁶.

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3.3.3 Key activities

Reviewing workplace programs and reports

EOWA advises and assists relevant employers in the development and implementation of their workplace programs and monitors the lodging of reports by relevant employers.

EOWA collects, analyses, and benchmarks this information and provides reporting organisations with feedback and advice to further enhance each organisation’s EEO programs for women. For every report assessed, an EOWA representative telephones and emails the organisation to provide personalised and detailed feedback on their workplace program.

Should a report be initially assessed as non-compliant, EOWA works with that organisation to attempt to obtain the necessary additional information for the organisation to comply with the EOWW Act ²⁷.

EOWA also prepares an annual report to the Minister for the Status of Women on its operations, including details of any reporting organisations that have failed to meet the requirements of the EOWW Act. This annual report is tabled in the Australian Parliament.

Provision of information, advice and education

EOWA is also active in offering a range of education programs, events, awards and workplace tools to support and encourage Australian employers to improve equal opportunity outcomes for women in the workplace.

EOWA also has a broader role to promote public discussion of equal opportunity for women in the workplace. The EOWA awards and research, for example, receive media attention and are of interest to an audience beyond those organisations covered by the EOWW Act.

Some examples of EOWA’s education and awareness activities are as follows.

• The Employer of Choice for Women Award. This is a prestigious annual citation awarded to organisations that are recognising and advancing women in the workplace. This program commenced in 2001 with 55 organisations awarded the citation, and growing to 111 organisations in 2009. Receiving a citation is seen by many employers as providing significant positioning in a competitive market place.
• EOWA undertakes and/or commissions a range of research. Since 2002 the EOWA Australian Census of Women in Leadership has measured the status of women on boards and women executive managers in Australia’s top 200 organisations listed on the Australian Stock Exchange. This research is internationally comparable. Other research includes further analysis of the Census data, such as Pay, Power and Position: Beyond the 2008 EOWA Australian Census of Women in Leadership and (A)Gender in the Boardroom. EOWA also publishes a regular e-newsletter which is distributed to over 7,000 subscribers, and provides a comprehensive website.
• Public education programs. EOWA offers workshops across all states and territories. In 2008–09, EOWA held 20 such workshops, including: "Developing an EOWA program and preparing a compliance report", "Positioning your business for waiving”, and “EOWA Employer of Choice for Women and Business Achievement Awards".

Other events, awards, tools and research

• EOWA runs various events throughout the year. The flagship event is the annual EOWA Business Achievement Awards which recognise those organisations at the forefront of driving change for a more equitable workplace.
• EOWA also provides workplace tools to assist organisations to achieve the objectives of the EOWW Act including the Pay Equity Toolto help employers audit and analyse the gender pay distribution throughout their workplace, and the Bullying and Harassment Prevention Tool.
• EOWA networks with the broader community as a member of a number of external organisations, including equal employment opportunity practitioners' associations; guest speaking at numerous events; holding events targeting a wide span of audiences, including government departmental staff, parliamentarians, women's groups and academics; and supporting strategic projects and events such as the Macquarie Graduate School of Management's Women, Management and Employment Relations Conference.

14. Department of Workplace Relations and Small Business, Affirmative Action Review Secretariat: Affirmative Action (Equal Employment Opportunity for Women) Act 1986. Issues Paper. March 1998.
15. Equal Opportunity for Women in the Workplace Act 1999 (Cth), s2A and Equal Opportunity for Women in the Workplace Agency, Equal Opportunity for Women in the Workplace Act 1999: The Act at a Glance. Australian Government, Canberra.
16. ABS (2009) Labour Force, Australia, cat. 6202.0, Table 03, Labour force status by Sex.
17. Australian Government (1998) Unfinished Business: Equity for Women in Australian Workplaces. Final Report of the Regulatory Review of the Affirmative Action (Equal Opportunity for Women) Act 1986.
18. Equal Opportunity for Women in the Workplace Act 1999 (Cth) s 8(1)(a).
19. Ibid s 8(1)(b).
20. Ibid s 8(2).
21. Ibid s 8(3).
22. Catalyst (2004) The Bottom Line: Connecting Corporate Performance and Gender Diversity, New York, p.2.
23. An overview of this research is provided in Chief Executive Women (2009) The Business Case for Women as Leaders: One Woman is Not Enough, pp.4-7. Available on the Chief Executive Women website [PDF 2.40MB], accessed 10 August 2009.
24. Equal Opportunity for Women in the Workplace Agency. Annual Report 2007-2008. Commonwealth Government of Australia.
25. Ibid, p.10.
26. Australian Government Equal Opportunity for Women in the Workplace Act 1999. (Act 91, prepared 1 January 2004).
27. Australian Government Equal Opportunity in the Workplace Agency (October 2008). Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the effectiveness of the Commonwealth Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality.