The Equal Opportunity for Women in the Workplace Amendment Bill 2012 (the Bill) would amend the Equal Opportunity for Women in the Workplace Act 1999 (the Act) with the stated aim of supporting gender equality and improving workforce participation and flexibility. The Bill would extend coverage of the Act to men as well as women.

In order to support the new focus of the Act on gender equality broadly, the Bill would amend the name of:  
  - the Act to the Workplace Gender Equality Act 2012;  
  - the Equal Opportunity for Women in the Workforce Agency to the Workforce Gender Equality Agency (Agency); and  
  - the Director of the Agency to the Director of Workplace Gender Equality.

The Bill would endow the Agency with new and expanded functions, expand the Agency's advice and education functions to all employers, not just those who are required to report. The Agency would also be empowered to develop, in consultation with relevant employers and employee organisations, benchmarks in relation to gender equality indicators.

The Bill introduces a new reporting framework in which relevant employers are required to report against gender equality indicators. The changed reporting requirements will be phased-in over a number of years, starting in 2012 and concluding in 2014 when the Minister will – by legislative instrument – set minimum standards in relation to specific gender equality indicators.
The Bill would aim to improve transparency associated with compliance with the Act and the consequences of non-compliance.

Reports would be required to be accessible by employees and shareholders, and employees and employee organisations would have the opportunity to comment. The Agency would be enabled to check compliance by requiring a relevant employer to provide the Agency with relevant information. Potential consequences of non-compliance with the Act would include:  
- Naming the employer in a report to the Minister or naming the employer by electronic or other means, such as in a newspaper;  
- Ineligibility to compete for contracts under the Commonwealth procurement framework; and/or  
- Ineligibility to receive Commonwealth grants or other financial assistance.