Enterprise Agreement ballots - were employees informed of what data about them was used in the ballot?
Dear Department of the Environment and Energy,
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
Dear Mr Smith
The Department of the Environment and Energy acknowledges receipt of your
request on 4 April 2017.
The Department is required to process valid requests within 30 days after
the day a request was received. This 30 day processing period may be
extended under certain circumstances, for example, where the Department
decides it reasonable to consult with third parties. If the processing
period is extended, the applicant will be informed of the extension and
the reasons for it.
As at the date of writing, we have not scoped your request. If it is a
valid request under the FOI Act the statutory deadline for providing a
decision on this request is 4 May 2017.
The Department makes two assumptions that affect the scope of your
request. These are set out below.
It is the usual practice of the Department:
• not to disclose the personal information of junior
officers or the personal contact details of senior officers of the State
or Federal governments (including those of the Department). The names of
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on the assumption that you do not intend to capture these details within
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• not to release duplicates of any document captured
within the scope of the request. Further, where two documents fall within
the scope one differs from the other only with respect to minor editorial
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or documents that the Department considers duplicates (as per the above
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Regards
FOI Contact Officer | Climate Change, Science and Corporate Legal Section
|General Counsel Branch Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2098
e: [1][Department of the Environment and Energy request email]
Dear Mr Smith
Please see attached correspondence relating to FOI request (ref: 170402)
received by the Department of the Environment and Energy on 4 April 2017.
Kind regards
FOI Officer
General Counsel Branch
Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2603
e: [1][Department of the Environment and Energy request email]
References
Visible links
1. mailto:[Department of the Environment and Energy request email]
Dear Mr Smith
Please see the attached FOI decision letter and document.
Regards
FOI Contact Officer | Climate Change, Science and Corporate Legal
Section |General Counsel Branch
Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2098
e: [1][Department of the Environment and Energy request email]
References
Visible links
1. mailto:[Department of the Environment and Energy request email]