The objects of the Act are set out in s.2A and are to:

• Promote the principle that employment for women should be dealt with on the basis of merit.
• Promote, amongst employers, the elimination of discrimination against, and the provision of equal opportunity for, women in relation to "employment matters".
• Foster workplace consultation between employers and employees on issues concerning equal opportunity for women in relation to employment.

There is a specific provision in s.3(4) of the Act which provides that nothing in the 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.

"Employment matters" are defined in s. 3 to include recruitment procedure and selection criteria, conditions of service, promotion and transfer, termination, training and development, work organisation, arrangements for dealing with sexual harassment, and arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding.

Workplace Programs

Sections 3, 6 and 8 of the Act require higher education institutions and employers with 100 or more employees to develop and implement an "Equal Opportunity for Women in the Workplace Program", designed to ensure that:

• Appropriate action is taken to eliminate all forms of discrimination by the relevant employer against women in relation to employment matters.
• Measures are taken by the relevant employer to contribute to the achievement of equal opportunity for women in relation to employment matters.

Before developing a workplace program, the employer must consult with employees or their nominated representatives, particularly employees who are women and allocate a manager with responsibility for the program, including its continuous review. Employers must prepare a workplace profile, setting out the composition of the employer's workforce, and an analysis of the issues that need to be addressed.

A new program must be prepared each year and provide for actions to be taken in relation to priority issues and for evaluation of the effectiveness of the program.

Under the reporting arrangements, organisations must:

• assign responsibility for the programme to a person who is senior and influential enough to take action;
• consult with employees or their representatives, particularly women;
• analyse the issues for women in the workplace considering each of the employment matters:
• recruitment and selection;
• training and development;
• promotions, transfer and termination;
• work organisation;
• conditions of service;
• arrangements for dealing with sex-based discrimination;
• arrangements for dealing with pregnant or potentially pregnant employees or employees who are breastfeeding.
• prioritise the issues;
• take action to address the priority issues; and,
• evaluate the effectiveness of the actions.

The EOWA may waive the reporting requirements in respect of any relevant employer only if the relevant employer has complied with the requirements of the Act for a period of not less than 3 consecutive reporting years. The EOWA must also be satisfied that the employer has taken all reasonably practicable measures to address the issues relating to employment matters that affect equal opportunity for women in the employer's workplace.

Employers must provide any additional information that the EOWA requests. The identity of employers who fail to lodge a report or provide additional requested information, may be published in EOWA's annual report, which is tabled in Parliament.

Section 31 of the Act provides for advisory committees to advise the Minister and EOWA on workplace programs, the functions of the EOWA or of the Act. The Minister has established the Equal Opportunity Advisory Board to give advice to the Minister regarding matters relating to workplace programmes, the functions of the EOWA and the operation of the Act.