What the Act Is About
This law requires certain Commonwealth authorities (public bodies and government-owned corporations with 40+ employees) to develop and implement Equal Employment Opportunity (EEO) programs. Its purpose is to ensure women and other designated groups have fair access to employment, free from discrimination.
Key Definitions (relevant to women)
- Woman: explicitly defined as “a member of the female sex irrespective of age.”
- Designated groups: categories of people to be protected, including:
- Aboriginal and Torres Strait Islander people
- Migrants (and children of migrants) whose first language is not English
- Persons with physical or mental disabilities
- Discrimination: linked to existing anti-discrimination laws (Racial Discrimination Act 1975, Sex Discrimination Act 1984), as well as unfavourable treatment of people with disabilities.
How the Act Works
- Programs (Part II)
- Each authority must design a program to eliminate discrimination and promote equal opportunity for women and designated groups.
- The program must include:
- Informing employees of their rights and program results.
- Assigning responsibility to senior management.
- Consulting with unions and employees (especially women and designated groups).
- Collecting and recording statistics about jobs, gender breakdowns, and representation.
- Reviewing policies and practices to identify barriers.
- Setting objectives and measurable indicators.
- Monitoring and evaluating effectiveness.
- Reporting (Part III)
- Authorities must lodge annual reports with their responsible Minister.
- Reports must show progress, data collected, and assessment against program goals.
- Ministers can request special reports and issue recommendations.
- Ministerial Oversight (Part IV)
- The Minister may issue directions to ensure authorities meet obligations.
- Corporate plans of authorities can be revised to align with EEO duties.
Focus on Women
- The law explicitly names women as a protected group alongside others.
- It recognises that women historically face discrimination in employment and requires active steps to improve equality.
- The Act does not redefine “woman”; it anchors the definition biologically (“member of the female sex”), which provides clarity for sex-based protections.
- By mandating data collection, consultation, and measurable goals, the Act was designed to highlight where women were underrepresented or disadvantaged in Commonwealth employment.
How It Affects Women
- Positive impacts:
- Requires public authorities to examine their own hiring, promotion, training, and workplace conditions.
- Provides a legal framework for addressing underrepresentation and systemic barriers for women in government employment.
- Holds authorities accountable via reporting and parliamentary scrutiny.
- Limitations:
- The Act applies only to Commonwealth authorities (not private sector employers, who are covered under the Workplace Gender Equality Act 2012).
- Success depends on how robustly authorities implement and monitor their programs.
Summary
The Equal Employment Opportunity (Commonwealth Authorities) Act 1987 is a framework law ensuring that women and other disadvantaged groups receive fair and equal treatment in employment within federal authorities. It defines women as members of the female sex, requires data-driven programs, and ensures ministerial oversight. For women, it is intended to create structural accountability against discrimination and support greater participation in public employment.