Labour hire documents - AAT

John Smith made this Freedom of Information request to Administrative Appeals Tribunal

Waiting for an internal review by Administrative Appeals Tribunal of their handling of this request.

From: John Smith

Delivered

Dear Administrative Appeals Tribunal,

I request the following documents:

1. The five most recent contracts (as at the date of this email) between the AAT, and the labour hire provider 'Launch Recruitment'.

2. A copy of the AAT's policy & procedures regarding the use of labour hire firms. Please narrow this request to only include documents that meet this description that are, or have been available on the AAT's intranet, for use by the AAT's managerial staff when procuring labour hire services.

3. The total number of labour hire staff presently working at the AAT. (Or a document, if it exists, that would detail that fact)

4. The names of the labour hire firms presently offering labour hire services to the AAT. (Or a document, if it exists, that would detail that fact)

5. The amount spent by the AAT in the first quarter of 2020 on labour hire services. This is a distinct figure from the amount spent on contractors generally, a figure available in the annual reports. What I am interested in is the amount spent by the AAT on labour hire contractors that are fulfilling roles functionally identical to ordinary APS staff. (This would exclude, for example; an amount spent on a contractor electricians, or contractor management consultant etc).
If this figure cannot be found in an existing document, please exclude it from the FOI request.

6. Any emails or instant message chat records within the inbox of either Chris Sutton or Sera Clemens that discuss the story: https://www.michaelwest.com.au/boomers-v...
Please include only emails or skype records from the dates 9th & 10th of April inclusive. Please include deleted or achived emails for these two dates.

-Purpose-

The purpose of this FOI request is to determine the nature of labour hire arrangements within the AAT. Although the amount the AAT spends on labour hire arrangements is included within the annual reports as a line item, the annual reports contain no details of these arrangements.

These FOI requests will clarify:
(a) The working conditions that employees of 3rd parties are faced with, when working within the walls of the department. By direct access to the contracts, we will be able to compare these working conditions to that of the publicly available EBA & award.
(b) The internal policies & procedures of the department in how it carries out its labour hire arrangements. These are not available publicly, or in the annual report.
(c) The degree to which the AAT engages in labour hire practices.
(d) The internal responses (if they exist) of senior management to recent public criticism of labour hire practices within the department

This request is firmly within the public interest, as there is reason to believe that the use of labour hire arrangements by Commonwealth agencies is outlawed by the public service act. This FOI request will help clarify whether the AAT has been in breach of the act, or even whether the labour hire contracts at the AAT are in breach of the award.

I ask that, given the recent public interest in the use of labour hire arrangements by Commonwealth departments, that the ordinarily applicable FOI fees be waived in this instance.

Yours faithfully,
John Smith

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From: John Smith

Delivered

Dear Administrative Appeals Tribunal,

Please amend the fourt part of the request to read 'presently supplying' rather than 'presently offering'

I apologise for the typo.

Yours faithfully,

John Smith

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From: FOI
Administrative Appeals Tribunal


Attachment Acknowledgement letter 2020 0048.pdf
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Dear Mr Smith,

 

Please find attached a letter acknowledging your FOI request lodged with
the Tribunal on 19 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

show quoted sections

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From: John Smith

Delivered

Dear FOI,

Should I expect a decision regarding this FOI request by COB today?

Otherwise, I note that this request is overdue.

Yours sincerely,

John Smith

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From: FOI
Administrative Appeals Tribunal


Attachment FOI notice applicant liable pay charge 2020 0048.pdf
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Dear Mr Smith and Mr Thornton,

 

Please find attached a letter regarding your FOI requests lodged with the
Tribunal on 19 May and 29 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

show quoted sections

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From: FOI
Administrative Appeals Tribunal


Attachment FOI notice applicant liable pay charge 2020 0048.pdf
78K Download View as HTML


Dear Mr Smith and Mr Thornton,

 

Please find attached a letter regarding your FOI requests lodged with the
Tribunal on 19 May and 29 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

show quoted sections

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From: John Smith

Delivered

Dear FOI,

I request that as this FOI request has been made for a reason that is relevant to the public interest, that the ordinarily applicable FOI fees be waived in this instance.

If the department is not willing to waive the fee on that basis, I request a waiver on the basis of financial hardship.

If the fee cannot be waived on either of those grounds, I request an internal review of the charges that have been proposed.

Yours sincerely,
John Smith (a pseudonym)

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From: John Smith

Delivered

Dear FOI,

As the FOI requests of my colleague Jack Thornton & myself have been combined; I propose that I take over the correspondence for the combined request from this point forward.

Yours sincerely,

John Smith

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From: John Smith

Delivered

Dear FOI,

By the way, as stated in the initial FOI request; I do wish for the request to include deleted or archived emails & skype records (where I have specified).

If the present fee quote charge does not reflect this, please amend the fee quote to reflect the charge that would be imposed if deleted or archived emails are to be included.

Yours sincerely,

John Smith

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From: FOI
Administrative Appeals Tribunal


Attachment FOI ref.2020 0048 Consultation following applicant contention.pdf
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Dear Mr Smith,

 

Thank you for your email.

 

Please find attached a letter regarding your FOI request (FOI ref:
2020/0048).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

show quoted sections

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From: John Smith

Delivered

Dear FOI,

I agree to limit the scope of the FOI request to emails and skype records on the exchange server; only if the retention period on the emails and skype records that are the subject of this FOI have not already lapsed.

What is the retention period for the emails & skype messages?

Regarding the public interest ground; the recent outsourcing of public servant positions to external businesses is a matter that is of public interest. Multiple news articles have been written about the topic.

Additionally, there is a public interest in information about the AAT's unorthodox staffing practices; and internal discussions about those practices, by the officers responsible for those practices.

Regarding the financial hardship ground; I have a low-income health card. I am willing to provide evidence of that being the case.

Yours sincerely,

John Smith

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Things to do with this request

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