Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Agency" means the Equal Opportunity for Women in the Workplace Agency.
(a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than a higher education institution;
(b) the holder of an office established for a public purpose by or under a law of the Commonwealth or of a State or Territory; and
(c) an incorporated company over which the Commonwealth, a State, a Territory or a body referred to in paragraph (a) is in a position to exercise control.
"appoint" includes re-appoint.
"club" means an association (whether incorporated or not) of not less than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes that:
(a) provides and maintains its facilities, in whole or in part, from the funds of the association; and
(b) sells or supplies liquor for consumption on its premises.
"confidential report" means a confidential report referred to in section 14.
"discrimination" means discrimination as defined in section 5, 6 or 7 of the Sex Discrimination Act 1984 .
"Director" means the Director of Equal Opportunity for Women in the Workplace.
"employer" means an individual, or a body or association (whether incorporated or not), that employs an individual:
(a) under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or
(b) under a contract for services; or
(c) as described in subsection (5) or (6).
"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;
(g) arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children.
"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.
"higher education institution" means a university or other institution of higher education that is included in:
(a) the Australian Qualifications Framework Register of Authorities empowered by Government to Accredit Post‑Compulsory Education and Training; or
(b) the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications;
as an institution authorised to issue higher education awards (within the meaning of Higher Education Support Act 2003 ).
"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.
(a) a higher education institution that is an employer; or
(b) a natural person, or a body or association (whether incorporated or not), being the employer of 100 or more employees in Australia;
but does not include the Commonwealth, a State, a Territory or an authority.
(a) an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009 ; or
(b) a trade union within the meaning of a State Act or law of a Territory.
"woman" means a member of the female sex irrespective of age.
"workplace profile" , in relation to a relevant employer, means factual information as to the composition of the employer's workforce.
"workplace program" is short for equal opportunity for women in the workplace program.
(2) For the purpose of paragraph (b) of the definition of relevant employer in subsection (1):
(a) a corporation employs a person where the person is employed by another corporation which is a subsidiary of the first‑mentioned corporation; and
(b) the question whether a corporation is a subsidiary of another corporation shall be determined as it would be determined for the purposes of the Corporations Act 2001 .
(3) Where, in accordance with section 4, this Act extends to Norfolk Island, a reference in this Act to Australia includes a reference to Norfolk Island.
(4) Nothing in this Act shall be taken to require a relevant employer to take any action incompatible with the principle that employment matters should be dealt with on the basis of merit.
(5) For the purposes of this Act, an elected trade union official is taken to be employed by the trade union, and not by any other employer, and this subsection has effect even if the rules of the trade union have an effect contrary to this subsection, or do not deal with the question at all.
(6) For the purposes of this Act, during any time when a Group Training Scheme:
(a) is receiving funding support from the Commonwealth Government; and
(b) has placed a trainee in employment with a host employer; and
(c) 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.
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