WRITTEN BY Chelsea Francis-Hartman
On Friday 18 September 2026, Chelsea Francis-Hartman, Associate in BAL Lawyers’ Employment Law and Investigations team, presented this month’s HR Breakfast Club session, examining what a genuine “DEI workplace” looks like under Australian law and unpacking recent reforms to the Workplace Gender Equality Act 2012 (Cth) (the WGE Act).
Chelsea opened by distinguishing broader diversity, equity and inclusion initiatives from the specific obligations the WGE Act imposes on employers. While “DEI” is often used as a catch all term, the WGE Act regulates gender equality directly: pay, representation, flexible work, caring responsibilities and harassment, rather than policing every diversity initiative an organisation might adopt.
The session then turned to why this area of law is attracting so much attention right now. Significant amendments commencing in April 2025 introduced a new obligation for large employers to select measurable Gender Equality Targets, with the first targets being selected and reported through 2026. This sits alongside the positive duty under the Sex Discrimination Act 1984 (Cth), now enforceable by the Australian Human Rights Commission, and the public release of employer-level gender pay gap data, which has sharpened scrutiny of individual organisations rather than national averages alone.
Attendees were taken through the practical obligations that apply to employers and HR teams, including the distinction between a “relevant employer” (100 or more employees) and a “designated relevant employer” (500 or more direct employees), the annual reporting obligations that flow from that status, and the requirement for designated relevant employers to select three Gender Equality Targets from a prescribed menu and report on progress over a three-year period.
A highlight of the morning was an interactive workshop segment, in which attendees worked through each of the six Gender Equality Indicators (GEIs): workforce composition, governing body composition, equal remuneration, flexible work and caring support, employee consultation, and sexual harassment or sex-based discrimination, considering how their own organisations might approach the numeric and action targets available under each indicator. Working in small groups, attendees tested potential targets against their organisations’ current data and policies, identifying which options were realistic and which policy or practice changes would be needed to support a chosen target in practice.
Chelsea closed the formal session with the legal risks of non-compliance, including public naming by the regulator, exclusion from Commonwealth contracts and grants, potential criminal liability for false or misleading reporting, and the reputational and ESG exposure that can follow a poor pay gap result or a “bluewashed” public commitment. She then turned to the opportunities these reforms present, encouraging attendees to treat Gender Equality Targets as more than a compliance formality and to use the process to address structural issues such as career interruptions linked to caring responsibilities and the undervaluation of feminised roles, aligning WGEA reporting with related obligations such as positive duty compliance and psychosocial risk management.
Attendee feedback singled out the workshop component in particular, with many noting that working through the GEIs against their own organisations’ circumstances made the obligations feel more concrete and actionable.
BAL Lawyers thanks everyone who attended, and looks forward to seeing you at next month’s HR Breakfast Club session.
If you have any questions or queries about the information in this summary, or if you are experiencing any issues and need advice, please contact the BAL Lawyers Employment & Investigations team on 02 6274 0999.