24 March 2017
Jeremy Nadel
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Nadel,
Freedom of Information – Notice of Extended Timeframe Due to Third Party Consultation
FOI Reference number: 16/17-34
I refer to your email received by the Fair Work Commission (
Commission) on 23 March 2017 in
which you seek access to the following documents under the
Freedom of Information Act 1982 (
FOI Act):
In accordance with the Freedom of Information Act 1982, I am requesting the document Catalyst Services
Enterprise Agreement 2014 AG2014/10012. In regards to this document I also request:
1)
The Form F17-Employer’s statutory declaration in support of an application for approval of an
enterprise bargaining agreement made by Robert Malpass on behalf of Catalyst Recruitment
Services Pty Ltd (the F17).
(a)
In regards to the F17, I also request that the following information contained within it not be
redacted:
(i)
How many employees cast a vote;
(ii)
How many employees voted to approve the agreement;
(iii)
The signature and date of the person making the F17;
(iv)
The signature and date of the person witnessing the declaration of the F17.
2)
The Form F16 - Application for approval of an enterprise bargaining agreement made by Robert
Malpass on behalf of Catalyst Recruitment Services Pty Ltd (the F16)
a)
In regards to the F16, I also request that the following information not be redacted:
i)
all names;
ii)
all signatures and dates;
iii)
all names and/or signatures in the box titled “signature of person making the agreement;
iv)
on page 5/5 the name and signature of the signatory whose position/capacity is IR/ER.
3)
In regards to the Catalyst Services Enterprise Agreement 2014 AG2014/10012, I request that the
following information not be redacted:
a)
All names and/or signature in all boxes titled “signatories to the agreement”;
b)
All names and signatures included in the box titled “authorised employee representative details”;
c)
The name written in all spaces that are labelled “A person duly authorised to give this undertaking
on behalf of the employer.”;
d)
The name of the addresser of the email sent to deputy president Kovacic on the 18th of December
2014 titled “AG2014/10012 Application FOR approval of the Catalyst Services Enterprise
Agreement 2014”.
The 30 day statutory time period for processing your request commenced on the day after the
day on which your request was received (subsection 15(5) of the FOI Act).
Personal Information – Consultation Process
As your request covers documents which contain the personal information of another individual,
the Commission is required to consult with that individual (under section 27A of the FOI Act)
11 Exhibition Street
Telephone: (03) 8656 4856
Melbourne VIC 3000
Email: xxx@xxx.xxx.xx
GPO Box 1994
Melbourne VIC 3001
before making a decision on the release of those documents.
For this reason the period for processing your request has been extended by 30 days in order to
allow the Commission time to consult with that individual (section 15(6) of the FOI Act). The due
date for a decision on your request is therefore
22 May 2017.
The consultation mechanism under section 27A of the FOI Act applies if an FOI request is made
for documents and it appears to the Commission that the individual may wish to contend that the
documents are conditionally exempt under section 47F of the FOI Act (personal privacy) and that
release of the documents would, on balance, be contrary to the public interest.
We will take into account any comments we receive from the individual concerned but the final
decision about whether to grant you access to the documents you requested rests with the
Commission.
Please note that any information released under the FOI Act may later be published online on the
Commission’s disclosure log, subject to certain exceptions (for example, personal information will
not be published where this would be unreasonable).
We will contact you using the email address you have provided.
Should you have any queries about this matter, please feel free to contact me on (03) 8656 4856
or by email at
xxx@xxx.xxx.xx.
Yours sincerely
Haydar Tuncer
Freedom of Information Officer
Reporting, Planning and Legal
Fair Work Commission
Phone: 03 8656 4856
Email: xxx@xxx.xxx.xx
