Employee information provided to ballot agents in Enterprise Agreement bargaining

James Smith made this Freedom of Information request to Australian Sports Commission

The request was successful.

From: James Smith

Delivered

Dear Australian Sports Commission,

This is a request for information under the Freedom of Information Act.

I request the document(s) which describe the data provided to the external organisation(s) responsible for conducting the ballot(s) for all Enterprise Agreements put to staff for a vote.

The scope of this request is limited only to those ballots undertaken for enterprise agreements which were proposed to take effect after 30 June 2014.

The document shall describe the data given to the ballot agent. For example, employee name, employee identification number, employee email address, etc. I exclude the data for specific employees here; I am only after the 'meta-data'.

If it assists you to treat this as an administrative request for information I encourage you to do so. Otherwise, please consider this a formal FOI request.

Yours faithfully,

James Smith

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From: foi officer
Australian Sports Commission

17 February 2017

 

James Smith

[1][FOI #3084 email]

 

 

Dear Mr Smith

 

Freedom of Information Request – Notice of Decision

 

I refer to your application for access to documents under the Freedom of
Information Act 1982 (the Act), which were made to the Australian Sports
Commission (the ASC) on 17 February 2017.

 

I confirm that in your request to the ASC you sought access to:

document(s) which describe the data provided to the external
organisation(s) responsible for conducting the ballot(s) for all
Enterprise Agreements put to staff for a vote. The scope of this request
is limited only to those ballots undertaken for enterprise agreements
which were proposed to take effect after 30 June 2014.

 

I am an officer authorised under section 23 of the Act to make decisions
in relation to requests for access to documents.  This letter sets out my
decision in relation to your request being dealt with by the ASC and the
reasons for that decision.

In regards to the request I have been able to identify information which I
have decided to grant access under the Act.  The information is available
in electronic format only and is provided below – noting that the
information in its original state was contained within text headers within
a spreadsheet.

 

·         Employee Number

·         Surname

·         First name

·         Postal – Address

·         Postal - City/Suburb       

·         Postal - State    

·         Postal - Postcode            

·         Work/Personal Email Address   

·         Date of Birth     

·         EMP Type           

·         Comments

 

 

If you do not agree with my decision, you have an opportunity to apply for
a review of that decision or to make a complaint. I have provided
information on your review rights at Attachment A.  

 

If you have any queries about this letter please do not hesitate to
contact me.

 

Yours faithfully

 

Edgar Crook

Assistant Director, IT Governance and Compliance

[2][ASC request email]

 

 

Attachment A

 

Rights of Review

 

 

Right to Review of the Decision

 

If you are dissatisfied with this decision you can apply for internal
review by the ASC or for review by the Information Commissioner (IC).  You
do not have to apply for internal review before seeking IC review.

 

Internal review

If you seek internal review another ASC officer will be appointed to
conduct the review and make a completely fresh decision based on the
merits of the case.

 

You may seek internal review by making an application in writing to the
ASC within 30 days of being notified of this decision or 15 days after
access to the released documents is given, whichever is the longer
period.    

 

Your application for internal review should be addressed to:

Corporate Counsel

Australian Sports Commission 

PO Box 176

Belconnen  ACT  2616

 

OR

 

[ASC request email]

 

Information Commissioner review

Alternatively, you may apply in writing for review by the IC.  Refer to
www.oaic.gov.au for further information.  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 if you sent out the grounds on which you believe that
the decision should be reviewed.

 

 

Right to Complain

 

You may make a complaint to the IC about action taken by the ASC in
relation to your application.  The complaint needs to be in writing and
identify the agency against which the complaint is made.  Further
information is available at: http://www.ombudsman.gov.au

 

You can submit your complaint using the form on the above website or sent
it to:

                Commonwealth Ombudsman

                GPO Box 442

CANBERRA ACT 2601

The complaint should set out the ground/s on which you consider the action
should be investigated.

 

 

 

 

 

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From: James Smith

Delivered

Dear Mr Crook,

Thank you responding to my request so quickly.

I would like to know what the the 'EMP Type' is. Does this refer to an employee's classification level? Why was this field needed in order for the ballot provider to conduct the vote?

If you need me to submit a new FOI request to obtain this information, please let me know.

Yours sincerely,

James Smith

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From: foi officer
Australian Sports Commission


Attachment image003.jpg
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Dear Mr Smith

 

The 'EMP Type' field refers to the type of employment of an individual
e.g. ongoing, fixed term or casual. I understand that this was used as
part of the ASC's statistical analysis and the ballot company's
verification process.

 

Kind regards

 

Edgar

 

 

Edgar Crook

Assistant Director, IT Governance and Compliance

Office of the CIO

Digital Information Management & Technology

Australian Sports Commission
Tel:   +61 2 6214 1372
[1][email address]

 

 

 

 

 

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Things to do with this request

Anyone:
Australian Sports Commission only: