Information related to employment of 457 visa holders

Robert Hudson made this Freedom of Information request to NBN Co Limited

The request was partially successful.

From: Robert Hudson

Delivered

Dear NBN Co Limited,

With over 8000 members, the IT Professionals Association is the peak body representing Australian IT Professionals (including IT Support Technicians and Systems Administrators). We have received a number of complaints from members about being displaced by lower priced workers being bought in on 457 Visas and we are also concerned about the growth in the number of 457 Visas being awarded for IT Support and System Administration roles.

Under the Freedom of Information Act, could we please be provided with the number of workers holding 457 Visas hired by NBN over the last 18 months.

The details we are seeking are:
· Descriptions of the roles that were filled
· The salary/wage brackets that were / are being paid to 457 visa holders in these roles
· The market testing that was done to prove that local workers were not available to fill the roles filled by workers holding 457 visas.

Yours faithfully,

Robert Hudson
President, ITPA

Link to this

Locutus Sum left an annotation ()

Note to the applicant. Some of your request might be treated as invalid because it asks for information and not for documents. The part of the request that is asking for a number of this-and-that type of person should be accepted by the NBN Co Limited because it is a type of request that is covered by s 17 of the Freedom of Information Act. However, not every agency correctly understands and applies s 17 and maybe they will say your request is invalid. If this happens, please have a look at my annotation on the "Average Hold Data" page (https://www.righttoknow.org.au/request/a... ).

The part of your request that maybe could be genuinely invalid is the request for (information about) "the market testing that was done to prove that local workers were not available to fill the roles filled by workers holding 457 visas." It might be of assistance to you if you quickly write an additional email on this Right to Know page, and say that you want any documents referring to market testing conducted for the purpose of discovering if local workers could fill these positions. Also it would be helpful to say a limited time period of documents that you want to NBN Co Limited to find.

Link to this

From: David Mesman
NBN Co Limited


Attachment 02.Request to Clarify.pdf
513K Download View as HTML


nbn-Confidential: INTERNAL + RESTRICTED ACCESS ONLY
Please find attached a letter in relation to your FOI request. Feel free to ring me to discuss.

Best, djm.

show quoted sections

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

Thank you for your reply to our FOI request. To respond to your requests for clarification:

"Role descriptions – The first dot point refers to “descriptions of the roles” and it is unclear as to what sort of document you are seeking – a formal job description, a specific job title or other information? "

We are not looking for full formal job descriptions. Job titles (particularly when a title is associated with many individual employees who carry out a similar job role) and "tiering" information (as per many government roles fitting into levels, with associated pay grades, if these are applicable to the roles related to this request). We are specifically not looking for any private or personally identifying data.

"Salary/wage brackets – The second dot point appears to be seeking different things, i.e. a specific salary versus a wage bracket, which I presume may be a salary band? However, this is unclear. Please also note that nbn has, in the past, refused access to information concerning specific salaries and salary bands as relating to nbn’s commercial activities. This was in the context of executive salaries. In that regard, I refer you to the paragraph, below, concerning nbn’s commercial activities. Again, I have not yet begun to examine any relevant documents,
nor am I making a formal decision in that regard, it is likely that I would make similar findings regarding the potential release of salaries and bands."

As noted above, salary bands, as applicable to many government employment contracts, would be sufficient in this case, unless specific salary/wage details are already public knowledge - in which case, we would appreciate being pointed towards this specific information.

It is our belief that salary/wage brackets are not commericially sensitive, and would be made available to anyone considering applying for a role with nbn as a part of the standard recruitment process. I am happy to discuss this matter further if this would assist in clarifying our request.

Regarding the limitations on time spent fulfilling our FOI request, we would be agreeable to putting a constraint on the timeframe for which the position, salary band and market testing documentation would come from - we would be happy to constrain our request to information for roles filled since 1st July 2015.

Please let me know if this clarification is helpful in allowing nbn to fulfil our FOI request.

Yours sincerely,

Robert Hudson

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

It has been suggested that we clarify our request for "The market testing that was done to prove that local workers were not available to fill the roles filled by workers holding 457 visas."

To clarify this request - we would like to be provided with documentation around this market testing - job ads which were produced, documentation of where, when and for how long the ads were run, and any documentation (with personally identifiable information redacted if necessary) around the response/s that nbn received to this market testing.

I hope this provides further clarity to our request.

Yours sincerely,

Robert Hudson

Link to this

From: David Mesman
NBN Co Limited


Attachment 05.2nd Request to Clarify.pdf
520K Download View as HTML


nbn-Confidential: INTERNAL + RESTRICTED ACCESS ONLY
Please refer to my attached letter.

Please also feel free to contact our team on the numbers provided.

Best, djm.

show quoted sections

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

Thanks for your prompt reply.

In response to your requests for clarification:

"If you could please confirm that you are seeking a
list of individual (unnamed) staff members’ salaries and their job titles, previously referred to as the “description of the roles
that were filled”."

We would be happy to know the job titles and salary bands which were considered when offering the roles. This information is often be shared with job candidates who ask questions either prior to a job application, or as part of the job application process. We believe that this information would be documented as part of a standard recruitment process.

"You also seem to be requesting individual job seekers’ details and copies of their job applications with personal information redacted. Please confirm if that it is the case."

We would like to see copies of documents around the market testing - the job ads which were run in Australia for any roles eventually filled by 457 visa applicants, the salaries which were offered locally for these roles, and aggregate data on applicants, such as the number of applicants who applied for those roles based on job advertising within Australia. We believe that this information would be documented as evidence that appropriate local market testing had occurred before proceeding with the hiring of 457 visa holders.

We are specifically NOT seeking any information which would link job titles and salaries to individuals.

I hope that has provided further clarification of our request.

Yours sincerely,

Robert Hudson

Link to this

From: David Mesman
NBN Co Limited

I am out of the office until Tuesday 18 April 2017. If you have any urgent
issues, please contact Kate Friedrich on [email address] or by
telephone on (02) 9927 4118.

Best regards, David J Mesman

Link to this

From: David Mesman
NBN Co Limited


Attachment 07.RCP Notice.pdf
525K Download View as HTML


nbn-Confidential: INTERNAL + RESTRICTED ACCESS ONLY
Please refer to the attached.

show quoted sections

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

Thank you for your correspondence.

In relation to your requests for clarification:

"In relation to point 4a), I presume that you are seeking i) the text of any job advertisement, and ii) a list of where any such advertisements ran, i.e. in social or other media. Please confirm if that is the case. I raise this point as it would significantly increase any processing fees (particularly for retrieval) and/or would likely be considered a diversion of resources, if your FOI request were seeking screen shots and copies of any and all job advertisements."

Yes, that is what we are seeking - this documentation would be required to provide evidence to the Department of Immigration under the 457 visa scheme that appropriate market testing had taken place before roles are filled by 457 visa recipients, and we do not believe that retrieval of this documentation would be onerous.

"In relation to point 4c), your email indicated that you were seeking “aggregate data, such as the number of applicants…” It is unclear if you are seeking only the number of applicants. Please confirm that you are only seeking the information as I outlined at 4c), rather than further information."

Under section 4c of your email, we are only requesting the number of overseas applicants for roles under the 457 visa scheme, and no further details of those applicants individually.

Yours sincerely,

Robert Hudson

Link to this

From: David Mesman
NBN Co Limited


Attachment image005.png
2K Download

Attachment image006.png
2K Download

Attachment image007.png
2K Download

Attachment image008.png
2K Download

Attachment image009.png
2K Download

Attachment image014.jpg
2K Download

Attachment image015.png
1K Download

Attachment image016.jpg
2K Download

Attachment image017.png
16K Download

Attachment 10A.ADR.pdf
532K Download View as HTML


nbn-Confidential: INTERNAL + RESTRICTED ACCESS ONLY

Please find attached a notice in relation to your FOI matter.

 

David J
Mesman                                                                                     

General Counsel – FOI, Privacy & Knowledge Management

P +61 2 8918 8596| E [1][email address]

Level 10, 100 Arthur Street, North Sydney, NSW 2066

[2]cid:67DF297C-E4F7-4057-B96D-81E38821B52C   
[3]cid:2A7730FD-888B-430F-A80B-19FF030ECB54 
[4]cid:96E8DD86-300F-4E07-90CA-584EFAF1831A 
[5]cid:F6EF3436-8BDE-4B7F-A675-8FDAFD10DE91 
[6]cid:E93E7EFA-A9D8-4689-915B-7649E37C40C4 
[7]cid:E95F0813-5FB7-4B66-8796-5FFD5FF8FC80 
[8]cid:4EA8D93D-C8C4-4162-BD29-AFDAA18B3714

         [9]LWR Weekly Award               [10]ACC004_Icons_GovLawyer_SML

 

References

Visible links
1. mailto:[email address]
2. http://www.nbn.com.au/
3. http://www.facebook.com/nbnaustralia
4. http://au.linkedin.com/company/nbn-co-li...
5. http://www.twitter.com/nbn_australia
6. http://www.youtube.com/nbnco
7. http://www.nbn.com.au/blog
8. https://nbncojobs.taleo.net/careersectio...

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

Thank you for your latest update on this matter.

ITPA agrees to the costs as outlined in your last email, and will shortly transfer 31.88 into the nbn bank account as detailed as the required deposit on the estimated costs to satisfy our request.

I will confirm once this transfer is complete.

Yours sincerely,

Robert Hudson
President, ITPA

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

ITPA has paid the required deposit.

Yours sincerely,

Robert Hudson

Link to this

From: Robert Hudson

Delivered

Dear David Mesman,

As per your finding, ITPA has paid the required deposit for the processing fee as per your determination.

Please confirm receipt of these funds, as well as a timeline for further responses to our request.

Yours sincerely,

Robert Hudson

Link to this

From: David Mesman
NBN Co Limited

nbn-Confidential: INTERNAL + RESTRICTED ACCESS ONLY
Yes, we received your advance deposit payment on 10 May 2017.

nbn's FOI group will finalise its access decision within the statutory deadlines - the due date is 6 June 2017 - and will inform you closer to the date if it can be completed earlier.

Best, David Mesman

show quoted sections

Link to this

Things to do with this request

Anyone:
NBN Co Limited only: