WORKPLACE GENDER EQUALITY ACT 2012 - SECT 3 Interpretation
WORKPLACE GENDER EQUALITY ACT 2012 - SECT 3
Interpretation(1) In this Act, unless the contrary intention appears:
"Agency" means the Workplace Gender Equality Agency.
"appoint" includes re - appoint.
"CEO" , when used in relation to a relevant employer, means the Chief Executive Officer (however described) of the relevant employer.
"CEO" , except when used in relation to a relevant employer, means the Chief Executive Officer of the Workplace Gender Equality Agency.
"Commonwealth company" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"discrimination" means discrimination as defined in section 5, 6, 7, 7AA or 7A of the Sex Discrimination Act 1984 .
"employee organisation" has the same meaning as in the Fair Work Act 2009 .
"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, including flexible working arrangements;
(e) 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;
(g) arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children;
(h) arrangements relating to employees with family or caring responsibilities.
"executive summary report" , for a relevant employer for a reporting period, means a report that:
(a) is given by the Agency to the relevant employer; and
(b) 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:
(a) gender composition of the workforce;
(b) gender composition of governing bodies of relevant employers;
(c) equal remuneration between women and men;
(d) 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;
(e) consultation with employees on issues concerning gender equality in the workplace;
(ea) sexual harassment, harassment on the ground of sex or discrimination;
(f) any other matters specified in an instrument under subsection (1A).
"gender equality standard" : see subsection 19(1A).
"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 .
Note: Other parts of speech and grammatical forms of "harass on the ground of sex" (for example, "harassment on the ground of sex") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
"industry benchmark" report , for a relevant employer for a reporting period, means a report that:
(a) is given by the Agency to the relevant employer; and
(b) 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 .
Note: This definition includes bodies taken to be registered higher education providers for the purposes of that Act by Schedule 3 to the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 .
"relevant employer" : see section 4.
(a) for a relevant employer that is not a Commonwealth company or a Commonwealth entity--a period referred to in subsection 13A(2); or
(b) 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 .
Note: Other parts of speech and grammatical forms of "sexually harass" (for example, "sexual harassment") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
"woman" means a member of the female sex irrespective of age.
(1A) The Minister may, by legislative instrument, specify matters for the purposes of paragraph (f) of the definition of gender equality indicators in subsection (1).
Note: See also section 33A.
(1B) The matters specified in an instrument under subsection (1A) may relate to employment matters.
(1C) Subsection (1B) does not limit subsection (1A).
(1D) An instrument under subsection (1A) has no effect in relation to a reporting period unless it is made before the first day of that period.
(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 employee organisation official is taken to be employed by the employee organisation, and not by any other employer, and this subsection has effect even if the rules of the employee organisation 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.