ABCC iBenefit employee benefits program

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

-----Original Message-----
From: JS <[FOI #6168 email]>
Sent: Monday, 17 February 2020 3:49 PM
To: ABCC - FOI <[email address]>
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[1][FOI #6168 email]

Is [2][ABCC request email] the wrong address for Freedom of Information
requests to Australian Building and Construction Commission? If so, please
contact us using this form:

[3]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[4]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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]
2. mailto:[ABCC request email]
3. https://www.righttoknow.org.au/change_re...
4. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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

-----Original Message-----
From: JS <[3][FOI #6168 email]>
Sent: Monday, 17 February 2020 3:49 PM
To: ABCC - FOI <[4][email address]>
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[5][FOI #6168 email]

Is [6][ABCC request email] the wrong address for Freedom of Information
requests to Australian Building and Construction Commission? If so, please
contact us using this form:

[7]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[8]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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:[email address]
2. mailto:[FOI #6168 email]
3. mailto:[FOI #6168 email]
4. mailto:[email address]
5. mailto:[FOI #6168 email]
6. mailto:[ABCC request email]
7. https://www.righttoknow.org.au/change_re...
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

2020 04 17 JS FOI Decision.pdf

345K Download View as HTML

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

-----Original Message-----
From: JS <[5][FOI #6168 email]>
Sent: Monday, 17 February 2020 3:49 PM
To: ABCC - FOI <[6][email address]>
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[7][FOI #6168 email]

Is [8][ABCC request email] the wrong address for Freedom of Information
requests to Australian Building and Construction Commission? If so, please
contact us using this form:

[9]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[10]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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:[email address]
2. mailto:[FOI #6168 email]
3. mailto:[email address]
4. mailto:[FOI #6168 email]
5. mailto:[FOI #6168 email]
6. mailto:[email address]
7. mailto:[FOI #6168 email]
8. mailto:[ABCC request email]
9. https://www.righttoknow.org.au/change_re...
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Document 1 iBenefit Friday and Daily Deals.pdf

1.9M Download View as HTML
Document 2 ReminderEducational iBenefit.pdf

1023K Download View as HTML
Document 3 iBenefit Annual Report June 2019.pdf

437K Download View as HTML
Document 4 Anouncement.pdf

627K Download View as HTML
Document 5 API LEISURE LIFESTYLE 2 year PROGRAM AGREEMENT.pdf

1.4M Download View as HTML

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

-----Original Message-----
From: JS <[7][FOI #6168 email]>
Sent: Monday, 17 February 2020 3:49 PM
To: ABCC - FOI <[8][email address]>
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[9][FOI #6168 email]

Is [10][ABCC request email] the wrong address for Freedom of Information
requests to Australian Building and Construction Commission? If so, please
contact us using this form:

[11]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[12]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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:[email address]
2. mailto:[FOI #6168 email]
3. mailto:[email address]
4. mailto:[FOI #6168 email]
5. mailto:[email address]
6. mailto:[FOI #6168 email]
7. mailto:[FOI #6168 email]
8. mailto:[email address]
9. mailto:[FOI #6168 email]
10. mailto:[ABCC request email]
11. https://www.righttoknow.org.au/change_re...
12. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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

-----Original Message-----
From: JS <[FOI #6168 email]>
Sent: Tuesday, 9 June 2020 3:58 PM
To: ABCC - FOI <[email address]>
Subject: Internal review of Freedom of Information request - ABCC iBenefit employee benefits program

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

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6168 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

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

-----Original Message-----
From: JS <[FOI #6168 email]>
Sent: Friday, 19 June 2020 1:39 AM
To: ABCC - FOI <[email address]>
Subject: RE: Internal review of Freedom of Information request - ABCC iBenefit employee benefits program [SEC=OFFICIAL]

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

-----Original Message-----