IA 2506 Notice of Decision Applicant.pdf

9 July 2025

Dean Allmark
Email address: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

FWO reference: IA-2506

Notice of Decision – Freedom of Information request
Dear Mr Allmark
I refer to your Freedom of Information (FOI) request submitted to the Office of the Fair Work Ombudsman
(FWO) on 30 May 2025 under the Freedom of Information Act 1982 (FOI Act).
This letter sets out my decision in relation to the documents relevant to your request which I am authorised
to make under section 23 of the FOI Act.
Scope of request
“1. Fair Work Ombudsman Request:
Provide the total number of complaints against Eastern Guruma Pty Ltd from 2020-2025, broken
down by:


* Complaint type (underpayment, probation disputes, unfair dismissal)
* Cases closed because employee didn't meet Minimum Employment Period
- Copies of all compliance notices issued to Eastern Guruma for breaching probation terms in
Enterprise Agreements”
On 16 June 2025, following consultation with the FWO, you confirmed that the word ‘complaints’ referenced
in the scope of request to mean ‘Requests for Assistance’.
Timeframe for processing the request
The 30-day statutory timeframe for processing this request commenced on the day after your request was
received (subsection 15(5) of the FOI Act). The original decision date for processing this request was 29 June
2025.
On 18 June 2025, we notified you of the requirement to consult with an affected third-party which extended
the processing timeframe by 30 days in accordance with section 15(6) of the FOI Act. Therefore, the extended
due date for a decision on access is 29 July 2025.
Matters taken into account in making this decision on access
In making my decision, I took the following matters into account:


www.fairwork.gov.au | Fair Work Infoline: 13 13 94 | ABN: 43 884 188 232

  the scope of the request
  the documents
  the FOI Act
  the Australian Information Commissioner’s FOI Guidelines
  relevant Information Commissioner (IC) decisions
  internal consultation
  consultation with an affected third-party.
Searches
I arranged for searches of the FWO’s records to identify any documents falling within the scope of your FOI
request. Records searched included those held by FWO’s Strategic and Reporting Branch, Customer Service
and Dispute Assistance Teams. The search identified 1 page in total.
DECISION

I have determined that the relevant documents can be released to you in full.

The relevant documents are outlined in the schedule at Attachment A to this letter. Attachment A lists the
exemptions and conditional exemptions relied upon under the FOI Act.

More information, including my reasons for my decision, is set out below.

Section 17 – Information stored in electronic format

Section 17 of the FOI Act requires an agency to provide a written document of information that is stored
electronically and not in a discrete written form. This includes by producing a statistical report from an
agency’s dataset. The obligation to produce a written document exists if the agency could produce a written
document containing the information by using a “computer or other equipment that is ordinarily available”
to the agency for retrieving or collating stored information.
Access to the documents

The documents are being released to you with the decision.
Website Publication

Subject to certain exceptions, section 11C of the FOI Act requires agencies to publish any information released
in response to freedom of information requests on the online Disclosure Log. Section 11C contains some
exceptions to this general requirement. These exceptions include when the document contains business or
personal information that it would be unreasonable to publish.
Noting that a the third party has been consulted with during the FOI process, the relevant document is suitable
for publication on the FWO’s Disclosure Log.
Review rights
I have attached a document setting out your rights of review of this decision at Attachment B.

Contact details
For further information, please email xxx@xxx.xxx.xx.
Yours sincerely

Assistant Director Information Governance
Fair Work Ombudsman

Attachment A – Schedule of Documents

Document Page
Date
Description
Decision
Applicable Provision (s) being
Number
considered
1 001
2020-2025
Requested
data
Release in full
n/a

Attachment B
INFORMATION ON RIGHTS OF REVIEW & COMPLAINTS
Rights of review
If you are dissatisfied with this decision, you can apply for internal review by this agency (Option 1 below) or
external review by the Australian Information Commissioner (IC Review) (Option 2 below).
You do not have to apply for internal review before seeking IC review. However, the Information Commissioner has
expressed the view that it is preferable for a person to seek internal review by the agency before applying for IC
Review. If you choose Option 1 (internal review), you can also apply for IC review of the internal review decision
within 60 days after receiving notice of our review decision.
Option 1 – Internal review
You can seek internal review of the decision. An application for internal review must be made in writing within 30
days after the date you were notified of the decision, or within such further period as the Fair Work Ombudsman
allows. The internal review will be conducted by a senior officer who had no involvement in the initial decision.
There is no particular form required to make a request for internal review. However, it would help the reviewer if
you said, in writing, why you think the decision should be reviewed. An application for an internal review of the
decision should be sent to:
Email: xxx@xxx.xxx.xx
FOI Manager
GPO Box 9887
MELBOURNE VIC 3001
Option 2 – Review by the Australian Information Commissioner
Alternatively, you can apply to the Australian Information Commissioner for IC review of the decision.
An application for IC Review must be made within 30 days after the day you were given notice of this decision and
the decision relates to an access grant decision (s 54M(2)(a))1 or 60 days where the decision relates to an ‘access
refusal decision’ (s 54L(s)(a)):2
In making your application, you need to provide an address for notices to be sent (this can be an email address)
and a copy of this decision. It would also help the Australian Information Commissioner if you set out the reasons
for seeking IC review in your application.
To apply for IC review, you can file your application via the Information Commissioner review application form.
Complaints
You can complain to the Australian Information Commissioner about action taken by the Fair Work Ombudsman in
relation to your freedom of information request. Your complaint must be in writing and it is the Information
Commissioner’s preference that an online complaint form is completed. You can lodge your compliant via the
OAIC’s FOI complaint form.

1 An “access grant decision” is defined in s 53B of the FOI Act to mean a decision to grant access to a document
where there is a requirement to consult with a third party under ss 26A, 27 or 27A.
2 An “access refusal decision” is defined in s 53A of the FOI Act and Part 10 of the FOI Guidelines at
https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-10-review-by-the-information-
commissioner/