ABCC iBenefit employee benefits program
Dear Australian Building and Construction Commission,
The ABCC reveals the following information on its website:
[ iBenefit employee benefits program
The ABCC provides staff with membership to the iBenefit program. Employees can enjoy significant savings, convenience and preferential treatment through around 400 providers and additional dining offers. ]
Under FOI I seek access to the document (or documents) that contains the detail of the arrangement(s) between the ABCC and the promoter of the IBenefit program. I also seek access to the document (or documents) that contains the detail of the significant savings, convenience and preferential treatment through around 400 providers and additional dining offers that employees of the ABCC obtain through membership of the IBenefit program.
Yours faithfully,
JS
OFFICIAL: Sensitive
Dear JS
We refer to your email dated 17 February 2020 to the Australian Building
and Construction Commission (ABCC) in which you sought access to documents
under the Freedom of Information Act 1982 (Cth) (FOI Act) (the FOI
Request).
We confirm receipt of the FOI Request pursuant to subsection 15(5) of the
FOI Act.
We note that section 15 of the FOI Act sets out applicable timeframes for
the processing of requests made under the FOI Act.
Should you have any questions regarding the FOI Request, please contact us
by reply email.
Regards
FOI Section
Australian Building and Construction Commission
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 19 February 2020 regarding
the FOI Request.
In processing the FOI Request, we have determined that a third party
should be consulted under sections 27 and 27A of the FOI Act on whether
access should be provided to documents that fall within the scope of the
FOI Request.
We therefore give notice, pursuant to subsection 15(6) of the FOI Act,
that we have determined that the requirements of sections 27 and 27A of
the FOI Act make it appropriate to extend the processing period by a
further 30 days.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[1][email address]>
Sent: Wednesday, 19 February 2020 3:23 PM
To: JS <[2][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to your email dated 17 February 2020 to the Australian Building
and Construction Commission (ABCC) in which you sought access to documents
under the Freedom of Information Act 1982 (Cth) (FOI Act) (the FOI
Request).
We confirm receipt of the FOI Request pursuant to subsection 15(5) of the
FOI Act.
We note that section 15 of the FOI Act sets out applicable timeframes for
the processing of requests made under the FOI Act.
Should you have any questions regarding the FOI Request, please contact us
by reply email.
Regards
FOI Section
Australian Building and Construction Commission
Dear JS
We refer to our previous correspondence dated 13 March 2020 regarding the
FOI Request.
We attach the decision in relation to your FOI Request.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[1][email address]>
Sent: Friday, 13 March 2020 5:15 PM
To: JS <[2][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 19 February 2020 regarding
the FOI Request.
In processing the FOI Request, we have determined that a third party
should be consulted under sections 27 and 27A of the FOI Act on whether
access should be provided to documents that fall within the scope of the
FOI Request.
We therefore give notice, pursuant to subsection 15(6) of the FOI Act,
that we have determined that the requirements of sections 27 and 27A of
the FOI Act make it appropriate to extend the processing period by a
further 30 days.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[3][email address]>
Sent: Wednesday, 19 February 2020 3:23 PM
To: JS <[4][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to your email dated 17 February 2020 to the Australian Building
and Construction Commission (ABCC) in which you sought access to documents
under the Freedom of Information Act 1982 (Cth) (FOI Act) (the FOI
Request).
We confirm receipt of the FOI Request pursuant to subsection 15(5) of the
FOI Act.
We note that section 15 of the FOI Act sets out applicable timeframes for
the processing of requests made under the FOI Act.
Should you have any questions regarding the FOI Request, please contact us
by reply email.
Regards
FOI Section
Australian Building and Construction Commission
Dear ABCC - FOI,
Thank you for your letter of 17 April 2020.
The Agency identified 5 documents and consulted with third parties about these documents. The Agency received submissions from and on behalf of third parties and the Agency speculates on the motivation (at least in part) for the submissions.
In circumstances where the identity of the organisation is not disclosed and the schedule of documents does not contain a document with the description “contract’, the Agency reveals that the total contract value is already publicly disclosed on the Australian Government website AusTender.
The Agency has decided to release the 5 redacted documents. However, those consulted have review and appeal rights and the FOI Act prevents document access being given before these review and appeal rights have been exhausted, which may change the access decision.
I await the outcome of the review and appeal rights of those consulted.
Yours sincerely,
JS
OFFICIAL: Sensitive
Dear JS
We refer to your FOI Request and the decision notice dated 17 April 2020.
We now attach documents relevantly described in the FOI decision notice.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[1][email address]>
Sent: Friday, 17 April 2020 3:42 PM
To: JS <[2][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
Dear JS
We refer to our previous correspondence dated 13 March 2020 regarding the
FOI Request.
We attach the decision in relation to your FOI Request.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[3][email address]>
Sent: Friday, 13 March 2020 5:15 PM
To: JS <[4][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 19 February 2020 regarding
the FOI Request.
In processing the FOI Request, we have determined that a third party
should be consulted under sections 27 and 27A of the FOI Act on whether
access should be provided to documents that fall within the scope of the
FOI Request.
We therefore give notice, pursuant to subsection 15(6) of the FOI Act,
that we have determined that the requirements of sections 27 and 27A of
the FOI Act make it appropriate to extend the processing period by a
further 30 days.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI <[5][email address]>
Sent: Wednesday, 19 February 2020 3:23 PM
To: JS <[6][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to your email dated 17 February 2020 to the Australian Building
and Construction Commission (ABCC) in which you sought access to documents
under the Freedom of Information Act 1982 (Cth) (FOI Act) (the FOI
Request).
We confirm receipt of the FOI Request pursuant to subsection 15(5) of the
FOI Act.
We note that section 15 of the FOI Act sets out applicable timeframes for
the processing of requests made under the FOI Act.
Should you have any questions regarding the FOI Request, please contact us
by reply email.
Regards
FOI Section
Australian Building and Construction Commission
Dear Australian Building and Construction Commission,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Building and Construction Commission's handling of my FOI request 'ABCC iBenefit employee benefits program'.
Thank you for providing access to five documents (redacted). I seek an internal review of the decision because access has not been granted to documents containing details of the significant savings, convenience and preferential treatment through around 400 providers and additional dining offers.
For example access has not be granted to the Directory (or its digital replacement if applicable) listed in document 5. Access has not been granted to a document that confirms that a current arrangement is in place between the ABCC and REWARD GATEWAY PTY LTD ABN 40141363564 in respect of Employee Benefit Program nor has access been granted to a document or documents that contain details of about 380 traders.
The documents to which access has been granted reveal that:
On 8 Sept 2014 the ABCC (formerly FWBC) entered into a two year program agreement (doc 5) with Australian Post-Tel Institute trading as API Leisure and Lifestyle (API) located in NSW. Provisions in the agreement include:
a) The API Leisure & Lifestyle products to be provided to Fair Work Build[ng and Construction employees will be those set out in the Directory, together with varied or new products to be developed at the discretion of API from time to time. The Program will include provision of the API Leisure & Lifestyle annual Dirrectory, Lifestyle magazine, API Identification Card, website, emails and agreed presentations to employees.
b) Directory means the annual hard copy communication which lists the API Leisure & lifestyle range of products and services.
In Mar 2015 API advised ABCC of the merger of API’s employee benefits business into Reward Gateway (doc 4). Immediate benefits of the merged program were listed as:
Much improved discounts on online shopping with Reward Gateway’s pioneering Cashback system
• Dozens of new, premium retailer offers including Hotels.com, Expedia and Apple
• Faster savings when shopping in-store with InstantInstore™
• Almost all savings are in addition to existing retailer promotions
• Real time, detailed reporting on everything your employees use
• Significantly better technology and user experience leading to improved utilisation
• 24/7 employee support, 365 days per year
• Even lower prices and improved range on event and cinema tickets
• Employer branded mobile and tablet experience replacing the API branded App
• Much improved employer branding and employer tailoring options
• Fully integrated employee recognition technology. In addition, Reward Gateway is able to offer their world-leading SmartHub™ product which enables HR departments to build a single, consolidated employee benefits, recognition and engagement hub. It’s already in use by some of the UK’s biggest employers and Reward Gateway are now bringing it to Australia.
The agreement between the ABCC and REWARD GATEWAY PTY LTD ABN 40141363564 was renewed several times and continued until 30 June 2019. Document 3 of the released documents is a report by Reward Gateway based in Bulgaria on the use of the program by ABCC employees for the period 1 July 2018 to 30 June 2019.
Published in July 2017 Austender website records CN3438211 between ABCC and REWARD GATEWAY PTY LTD ABN 40141363564 covering the period 9-Jun-2017 to 30-Jun-2018 ($19,8000) in respect of Employee Benefit Program. Published in June 2018 Austender website records CN3517641 between ABCC and REWARD GATEWAY PTY LTD ABN 40141363564 covering the period 9 Jun 2018 to 8 June 2019 ($15,972 ) in respect of Employee Benefit Program.
The Austender website does not contain details of a contact between the ABCC and Reward Gateway Pty Ltd ABN 40141363564 covering the period from July 2019 to date in respect of an Employee Benefit Program. Yet, on its website - under the tab careers - the ABCC publishes information about the iBenefit employee benefits program. The ABCC publishes:
“The ABCC The ABCC provides staff with membership to the iBenefit program. Employees can enjoy significant savings, convenience and preferential treatment through around 400 providers and additional dining offers.”
Documents 1 and 2 of the released documents are emails with attachments sent by Reward Gateway, Bulgaria to the ABCC in Oct and Nov 2019. The documents contain details of about 20 traders only. Access has not been granted to documents that contain details of the other 380 traders.
In Dec 2019 details of a contract CN3645151($16000) between the ABCC and REWARD GATEWAY PTY LTD ABN 40141363564 concerning a 2019/20 subscription for Professional Associations and covering the period 9 Mar 2019 to 8 Mar 2020 was published on Austender. Clearly this contract is not relevant to the iBenefit program that enables employees of the ABCC obtain goods and services from around 400 traders at a lower price than that payable by the general public.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
JS
OFFICIAL
Dear JS
We refer to your email dated 9 June 2020.
You have requested an internal review of the FOI decision issued by the ABCC on 17 April 2020. Access to five documents (redacted) described in the FOI decision were provided to you on 18 May 2020.
Your request for internal review is outside the statutory time limit set out in section 54B of the Freedom of Information Act 1982 (FOI Act).
As stated in the FOI decision, an application for internal review must be made by whichever date is the later between:
- 30 days of you receiving the FOI decision; or
- 15 days of you receiving the documents to which you have been granted access.
Given you received the documents on 18 May 2020, the time for making an application for internal review expired prior to your email dated 9 June 2020.
If you believe the ABCC should exercise its discretion to allow a further period for making an application for internal review, please outline on what basis you believe this should be the case.
Regards
FOI Section
Australian Building and Construction Commission
Dear ABCC - FOI,
Thank you for your email.
In Sept 2014 Nigel Hadgkiss and a HR Advisor of the FWBC (now ABCC) authorised the use of public funds for the private purposes of all FWBC employees. In addition the FWBC took on the burden of vetting and approving promotional material about the availability of the private benefits. Each year since 2014 the ABCC has used public funds for the private purposes of all ABCC employees.
In 2019 153 employees of the ABCC were eligible to obtain private benefits flowing from the use of the public funds.
ABCC publications reveal:
At 30 June 2019, the ABCC employed 144 employees under the 2017–2020 Enterprise Agreement, one contractor, two SES officers by common law contracts, and four POHs.
At 30 June 2019, the ABCC employed 124 ongoing and 23 non-ongoing staff members (including one contractor), as well as four full-time ongoing POHs.
Average staffing level (number) 142
Potentially all current employees including the four POHs are eligible to obtain the private benefits.
I accept that the time for making an application for internal review had expired. However, the ABCC has a discretion to allow a further period for making an application for internal review.
If the ABCC believes that it has released all documents within scope of the application then it should not exercise its discretion. In my view not all relevant documents have been released.
Yours sincerely,
JS
OFFICIAL
Dear JS
We refer to your email dated 19 June 2020.
The ABCC has considered this matter and has decided to exercise its discretion to allow a further period for making an application for internal review.
We will extend the period for making an application until today’s date, and treat your existing request for internal review as being made on 14 July 2020.
The decision on internal review is due on Thursday 13 August 2020 (being within 30 days after today’s date).
Regards
FOI Section
Australian Building and Construction Commission
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 14 July 2020.
We attach the internal review decision in relation to your FOI Request.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
Important:
This transmission is intended for the use of the addressee and may contain
confidential, protected or legally privileged information. If you are not
the intended recipient you must not review, copy, disseminate, disclose to
others, or take action in reliance of any material contained within this
email. If you have received this transmission in error, please notify me
immediately by return email and delete all copies of this transmission
together with any attachments.
OFFICIAL: Sensitive
Dear JS
We refer to your FOI Request and the internal review decision dated 13
August 2020.
We attach documents 6 to 21 described in the decision.
A second email will follow with the remaining documents.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI
Sent: Thursday, 13 August 2020 9:39 AM
To: JS <[FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC - iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 14 July 2020.
We attach the internal review decision in relation to your FOI Request.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
Important:
This transmission is intended for the use of the addressee and may contain
confidential, protected or legally privileged information. If you are not
the intended recipient you must not review, copy, disseminate, disclose to
others, or take action in reliance of any material contained within this
email. If you have received this transmission in error, please notify me
immediately by return email and delete all copies of this transmission
together with any attachments.
OFFICIAL: Sensitive
Dear JS
We attach documents 22 to 38 described in the internal review decision.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI
Sent: Tuesday, 1 September 2020 10:07 AM
To: 'JS' <[FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC - iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to your FOI Request and the internal review decision dated 13
August 2020.
We attach documents 6 to 21 described in the decision.
A second email will follow with the remaining documents.
Regards
FOI Section
Australian Building and Construction Commission
From: ABCC - FOI
Sent: Thursday, 13 August 2020 9:39 AM
To: JS <[1][FOI #6168 email]>
Subject: RE: Freedom of Information request - ABCC - iBenefit employee
benefits program [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear JS
We refer to our previous correspondence dated 14 July 2020.
We attach the internal review decision in relation to your FOI Request.
If you have any questions about this matter, please contact us by reply
email.
Regards
FOI Section
Australian Building and Construction Commission
Important:
This transmission is intended for the use of the addressee and may contain
confidential, protected or legally privileged information. If you are not
the intended recipient you must not review, copy, disseminate, disclose to
others, or take action in reliance of any material contained within this
email. If you have received this transmission in error, please notify me
immediately by return email and delete all copies of this transmission
together with any attachments.
References
Visible links
1. mailto:[FOI #6168 email]
Dear ABCC - FOI,
Thank you for providing the documents.
A new contract on Austender ( an arrangement unique to the ABCC it seems) :
CN3715369
Agency:
Australian Building and Construction Commission
Publish Date: 7-Sep-2020
Category: Professional associations
Contract Period: 9-Sep-2020 to 8-Sep-2021
Contract Value (AUD): $16,177.70
Description: Subscription - 2020/21 PRPO-1183
Procurement Method: Limited tender
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: No
Agency Reference ID: 4500137233
Supplier Details
Name: Reward Gateway Pty Ltd
Sydney AUSTRALIA
ABN: 40 141 363 564
Yours sincerely,
JS