Gender Pay Gap Reporting: What Does It Mean and What Should You Be Doing


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DATE PUBLISHED: February 27, 2024

key takeaways

  • The Workplace Gender Equality Agency (WGEA) will publish gender pay gap information for private sector employers (with 100 or more employees) on 27 February 2024 for the period 1 April 2022 to 31 March 2023.
  • New mandatory reporting to WGEA will begin from April 2024 including employee’s age, primary workplace location and CEO remuneration; and
  • Increased reporting obligations regarding sexual harassment in the workplace.

On 27 February 2024, WGEA will publish the gender pay gap for private sector employers with a workforce of 100 or more employees.

This change is a result of the amendments to the Workplace Gender Equality Act 2012 (Act) passed by Federal Parliament in March 2023, which aims to accelerate workplace gender equality in Australia by encouraging employers to drive workplace policies and practices to assist in closing the gender pay gap.

What does this mean for employers?

The upcoming release of data will be made on 27 February 2024 and will cover the period from 1 April 2022 to 31 March 2023 for private sector organisations only.

The release of Commonwealth public sector gender pay gap data will be published in early 2025 and will be based on 1 January 2023 to 31 December 2023 reporting.

Employers do not need to provide WGEA with any additional reporting data to calculate their entities gender pay gap as the data published by WGEA will be taken from existing data supplied by employers in their gender equity reporting.

However, the changes provide companies with the opportunity to provide a statement to give context to their gender pay gap and outline their plans for action in closing the gap. Organisations should have been provided their gender pay gap result well in advance of it being made public.

Changes to reporting from April 2024

From 1 April 2024, employers will be required to report more detailed data to better understand gender inequality in Australia. The additional information includes:

  • employee age (year of birth);
  • primary workplace location; and
  • CEO, Head of Business and casual manager remuneration

Mandatory reporting means data will be provided by all employers, rather than a smaller sample that may choose to provide this data voluntarily.

Other changes include:

  • From 2023, employers must share their WGEA executive summary and industry benchmark report with their board and/or governing body; and
  • From 1 April 2024:
  • increased reporting requirements regarding the prevention and response to sexual harassment, harassment on the grounds of sex and discrimination in the workplace; and
  • large organisations with 500 or more employees will be required to have a policy or strategy that cover all six Gender Equality Indicators (being gender composition of the workforce and governing bodies; equal remuneration between women and men; employment terms and practices relating to flexible working arrangements and supports for employees’ family or caring responsibilities; consultation with employees on workplace gender equality issues; and sex-based harassment and discrimination).

Non Compliance

Organisations who fail to comply with these reporting requirements face the risk of being publicly named in WGEA’s Non-compliant organisations list, which will name those employers who have not met their obligations or WGEA’s minimum standards to show commitment to gender equality.

outstanding reforms

The legislative reforms will implement many of the 10 recommendations that were made in the 2021 Review of the Act.

The outstanding recommendations are still undergoing careful consideration and consultation including:

  • collection of information about employees who identify as non-binary
  • collection of diversity information about employees
  • setting and achieving gender equality targets
  • additional changes to support Respect@Work

how can mcw help?

McInnes Wilson Lawyers can help you with your reporting obligations and disclosures.

Get in touch with us today if you would like more information regarding the amendments to the Workplace Gender Equality Act 2012.


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