Enterprise bargaining - what information is provided to department about employees' votes?

James Smith made this Freedom of Information request to Department of Defence

The request was successful.

From: James Smith

Delivered

Dear Department of Defence,

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

I request all documents wherein the outcome of any enterprise bargaining ballots were communicated to the department by the entity who undertook the ballots.

This shall include the YES/NO vote amounts or percentages as well as any additional information related to the vote. For example, a breakdown of the vote by employee location, or APS level.

The scope of this request covers any such documents that were received as a result of EBA offers made to staff under:

Workplace Bargaining Policy 2015
or
Australian Government Public Sector Workplace Bargaining Policy 2014

I thank you in advance for processing this request.

Yours faithfully,

James Smith

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From: FOI
Department of Defence

UNCLASSIFIED

Good morning

Thank you for your email. Your email has been forwarded for consideration/action.

Kind regards

FOI Operations
FOI @defence.gov.au
(02) 62662200
http://www.defence.gov.au/foi/

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From: Hanna, Nicole MS
Department of Defence

UNCLASSIFIED

Good afternoon Mr Smith

 

I refer to your email dated 26 February 2017 where you sought information
regarding Defence's Enterprise Agreement. Specifically, you sought:

"....all documents wherein the outcome of any enterprise bargaining
ballots were communicated to the department by the entity who undertook
the ballots. This shall include the YES/NO vote amounts or percentages
as well as any additional information related to the vote. For example,
a breakdown of the vote by employee location, or APS level.

The scope of this request covers any such documents that were received
as a result of EBA offers made to staff under: Workplace Bargaining
Policy 2015 or Australian Government Public Sector Workplace Bargaining
Policy 2014."

Defence has decided to provide a response to your request
administratively, outside the provisions of the Freedom of Information Act
1982. 

The Director of Defence APS Workplace relations has advised that for each
of the three employee votes held (25 February - 1 March 2016, 28 April - 3
May 2016 and 1 - 6 December 2016) voting was conducted by the company
ORIMA Research, which used a voting database based on the eligible voter
roll prepared by Defence and passed by hand from APS Workplace Relations
to the ORIMA Research Returning Officer. The data in the eligible voter
roll only included the following information - employee’s first name, last
name, date of birth, and PMKeYS Employee ID, which was provided for
validation purposes only.  As no further information was provided to ORIMA
Research, such as the classification level or work location of each
employee, the Yes/No data cannot be broken down along those lines.  No
individual can be identified from the Yes/No result provided by ORIMA
Research to Defence.

The vote outcome for each vote is as follows:

 

+------------------------------------------------------------------------+
|Vote result date |Eligible voter roll|Valid votes cast| Yes | No |
|-----------------+-------------------+----------------+--------+--------|
|1 March 2016 | 18,951 | 15,342 | 7,531 | 7,811 |
| | | | | |
| | | (80.96%) |(49.09%)|(50.91%)|
|-----------------+-------------------+----------------+--------+--------|
|3 May 2016 | 18,687 | 15,705 | 7,089 | 8,616 |
| | | | | |
| |   | (84.04%) |(45.14%)|(54.86%)|
|-----------------+-------------------+----------------+--------+--------|
|6 December 2016 | 18,212 | 15,312 | 6,366 | 8,946 |
| | | | | |
| | | (84.08%) |(41.58%)|(58.42%)|
+------------------------------------------------------------------------+

 

I trust that this information satisfies your request.

 

Kind regards 

 

FOI Operations
[1][email address]
(02) 6266 2200
[2]http://www.defence.gov.au/foi/
 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

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From: James Smith

Delivered

Dear Ms Hanna

Please process this request in accordance with the FOI act. I'd like to see the relevant documents in scope of the request.

Yours sincerely,

James Smith

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From: Beacroft, Melanie DR
Department of Defence

UNCLASSIFIED

Dear Mr Smith

 

I refer to your correspondence, dated 26 February 2017, in which you
sought access, under the Freedom of Information Act 1982 (FOI Act), to:

 

“I request all documents wherein the outcome of any enterprise bargaining
ballots were communicated to the department by the entity who undertook
the ballots.

 

This shall include the YES/NO vote amounts or percentages as well as any
additional information related to the vote. For example, a breakdown of
the vote by employee location, or APS level.

 

The scope of this request covers any such documents that were received as
a result of EBA offers made to staff under:

 

Workplace Bargaining Policy 2015 or

Australian Government Public Sector Workplace Bargaining Policy 2014”

 

The Department of Defence excludes personal email addresses, signatures,
personnel (PMKeyS) numbers and mobile telephone numbers contained in
documents that fall within the scope of a FOI request unless you
specifically request such details.

 

If you do require these personal details, please inform us within five
days of receipt of this email so that the decision maker can consider your
request.

 

On 2 March 2017, Theresa Stinson, Assistant Director FOI, decided that
there are no charges associated with processing your request as the
documents you are requesting relate to your own personal information.
Accordingly, the statutory deadline for you to receive a response to your
request expires on 28 March 2017.

 

Should you have any questions relating to your request, please do not
hesitate to contact our office via telephone on (02) 6266 2200 or via
email to [1][email address].

 

Yours sincerely

 
Dr Melanie Beacroft
Case Manager, Freedom of Information
Information Management and Access
Governance and Reform Division
 
Department of Defence
CP1-06-005A
PO Box 7910 Canberra ACT 2610
(02) 6266 3685
I work Monday, Tuesday, Wednesday, Thursday
 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

References

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1. mailto:[email address]

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From: James Smith

Delivered

Dear Beacroft, Melanie DR,

Thank you once again for providing the requested information.

I have decided to withdraw this FOI request as the information you have provided informally is sufficient.

Yours sincerely,

James Smith

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From: Beacroft, Melanie DR
Department of Defence

UNCLASSIFIED

Thanks James.

Melanie

Dr Melanie Beacroft
Case Manager, Freedom of Information
Information Management and Access
Governance and Reform Division

Department of Defence
CP1-06-005A
PO Box 7910 Canberra ACT 2610
(02) 6266 3685
I work Monday, Tuesday, Wednesday, Thursday

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