Enterprise Agreement ballots - were employees informed of what data about them was used in the ballot?
Dear Attorney-General's Department,
Through a previous FOI request, you have indicated the department has used certain information relating to your employees to conduct your enterprise agreement ballots for at least one enterprise agreement proposed under either the governments current bargaining policy or the one before it.
In one or more of your ballots, I have determined you passed on information about your employees that goes beyond the minimum required in order to conduct the ballots.
This may include information such as classification level, branch within the department, employment type, etc.
I would like to determine to what extent the department explained to employees what information about them was required for ballots, and what information about them was used in ballots.
I would also like to understand the rationale of the department in using employee information to profile employees' votes (in a breakdown of results), and I would like to know who authorised the decision to use such data.
I therefore request:
1. All documents sent to all employees which explain what information about them was passed onto the ballot provider for each ballot.
2. Any documents sent to the relevant decision maker(s) who approved the use of the data that was used in the ballots.
3. Any documents which explain the rational for obtaining breakdowns of votes
4. Any documents which mention benefits to the department or to the bargaining process in obtaining a breakdown of votes.
5. Any documents between the departmental bargaining team and the departmental Executive which discuss breakdowns of votes and suggest how that information should be used or otherwise taken into consideration by the department.
6. Any documents from the APSC that mention what information about employees can or should be used in ballots.
Yours faithfully,
James Smith
UNCLASSIFIED
FOI17/066; 17/4330
7 April 2017
Mr James Smith
By email: [FOI #3339 email]
Dear Mr Smith
Freedom of Information Request FOI17/066
I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents concerning Enterprise agreement ballots. I
have taken your request to be for:
‘1. All documents sent to all employees which explain what information
about them was passed onto the ballot provider for each ballot.
2. Any documents sent to the relevant decision maker(s) who approved the
use of the data that was used in the ballots.
3. Any documents which explain the rational for obtaining breakdowns of
votes
4. Any documents which mention benefits to the department or to the
bargaining process in obtaining a breakdown of votes.
5. Any documents between the departmental bargaining team and the
departmental Executive which discuss breakdowns of votes and suggest how
that information should be used or otherwise taken into consideration by
the department.
6. Any documents from the APSC that mention what information about
employees can or should be used in ballots’
If you disagree with this interpretation of your request, please let me
know as soon as possible.
We received your request on 4 April 2017 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 5 May 2017. The period of 30
days may be extended if we need to consult third parties or for other
reasons. We will advise you if this happens.
It is the usual practice of the department to not disclose the names and
contact details of junior officers of the department and other government
agencies, where that personal information is contained in documents within
the scope of a request. The names and contact details of senior officers
will generally be disclosed. We will take it that you agree to the
removal of junior officers’ personal information unless you advise that
you would like us to consider releasing that information as part of the
documents you have requested.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[1]http://www.ag.gov.au/RightsAndProtection...,
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 provided. Please advise if
you would prefer us to use an alternative means of contact.
If you have any questions, please contact [2][AGD request email].
Yours sincerely
FOI Officer
Freedom of Information and Privacy Section
Australian Government Attorney-General's Department | 3 - 5 National
Circuit, Barton ACT 2600
T: +61 (02) 6141 6666 E: [3][AGD request email]
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