Enterprise Agreement ballots - were employees informed of what data about them was used in the ballot?

James Smith made this Freedom of Information request to Department of the Environment and Energy

The request was partially successful.

From: James Smith

Delivered

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

Link to this

From: FOI Contact Officer
Department of the Environment and Energy

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
senior officers will generally be released. Your request will be processed
on the assumption that you do not intend to capture these details within
its scope.

•                    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
changes (such as spelling or grammar corrections), only the later version
of the document  will be treated as within scope.  Your request will be
processed on the assumption that you do not intend to capture duplicates
or documents that the Department considers duplicates (as per the above
explanation) within the scope of your request.

 

Please inform us if you do not agree to your request being processed by
the Department on the above assumptions.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log.

 

We will contact you using the email you provided. Please advise if you
would prefer us to use an alternative means of contact.

 

If you have any questions, please contact the FOI team on (02) 6274 2098.

 

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]  

 

 

show quoted sections

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 170402 notification of consultation decision.pdf
70K Download View as HTML


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]

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 170402 decision letter.pdf
638K Download View as HTML

Attachment FOI 170402 Document 01 Redacted.pdf
398K Download View as HTML


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]

Link to this

Things to do with this request

Anyone:
Department of the Environment and Energy only: