Employee information provided to ballot agents in Enterprise Agreement bargaining
Dear Australian Sports Commission,
This is a request for information under the Freedom of Information Act.
I request the document(s) which describe the data provided to the external organisation(s) responsible for conducting the ballot(s) for all Enterprise Agreements put to staff for a vote.
The scope of this request is limited only to those ballots undertaken for enterprise agreements which were proposed to take effect after 30 June 2014.
The document shall describe the data given to the ballot agent. For example, employee name, employee identification number, employee email address, etc. I exclude the data for specific employees here; I am only after the 'meta-data'.
If it assists you to treat this as an administrative request for information I encourage you to do so. Otherwise, please consider this a formal FOI request.
Yours faithfully,
James Smith
17 February 2017
James Smith
[1][FOI #3084 email]
Dear Mr Smith
Freedom of Information Request – Notice of Decision
I refer to your application for access to documents under the Freedom of
Information Act 1982 (the Act), which were made to the Australian Sports
Commission (the ASC) on 17 February 2017.
I confirm that in your request to the ASC you sought access to:
document(s) which describe the data provided to the external
organisation(s) responsible for conducting the ballot(s) for all
Enterprise Agreements put to staff for a vote. The scope of this request
is limited only to those ballots undertaken for enterprise agreements
which were proposed to take effect after 30 June 2014.
I am an officer authorised under section 23 of the Act to make decisions
in relation to requests for access to documents. This letter sets out my
decision in relation to your request being dealt with by the ASC and the
reasons for that decision.
In regards to the request I have been able to identify information which I
have decided to grant access under the Act. The information is available
in electronic format only and is provided below – noting that the
information in its original state was contained within text headers within
a spreadsheet.
· Employee Number
· Surname
· First name
· Postal – Address
· Postal - City/Suburb
· Postal - State
· Postal - Postcode
· Work/Personal Email Address
· Date of Birth
· EMP Type
· Comments
If you do not agree with my decision, you have an opportunity to apply for
a review of that decision or to make a complaint. I have provided
information on your review rights at Attachment A.
If you have any queries about this letter please do not hesitate to
contact me.
Yours faithfully
Edgar Crook
Assistant Director, IT Governance and Compliance
[2][ASC request email]
Attachment A
Rights of Review
Right to Review of the Decision
If you are dissatisfied with this decision you can apply for internal
review by the ASC or for review by the Information Commissioner (IC). You
do not have to apply for internal review before seeking IC review.
Internal review
If you seek internal review another ASC officer will be appointed to
conduct the review and make a completely fresh decision based on the
merits of the case.
You may seek internal review by making an application in writing to the
ASC within 30 days of being notified of this decision or 15 days after
access to the released documents is given, whichever is the longer
period.
Your application for internal review should be addressed to:
Corporate Counsel
Australian Sports Commission
PO Box 176
Belconnen ACT 2616
OR
[ASC request email]
Information Commissioner review
Alternatively, you may apply in writing for review by the IC. Refer to
www.oaic.gov.au for further information. In making your application you
need to provide:
• an address for notices to be sent (this can be an email
address); and
• a copy of this decision
It would also help if you sent out the grounds on which you believe that
the decision should be reviewed.
Right to Complain
You may make a complaint to the IC about action taken by the ASC in
relation to your application. The complaint needs to be in writing and
identify the agency against which the complaint is made. Further
information is available at: http://www.ombudsman.gov.au
You can submit your complaint using the form on the above website or sent
it to:
Commonwealth Ombudsman
GPO Box 442
CANBERRA ACT 2601
The complaint should set out the ground/s on which you consider the action
should be investigated.
-----Original Message-----
From: James Smith [mailto:[FOI #3084 email]]
Sent: Thursday, 16 February 2017 7:51 PM
To: foi officer
Subject: Freedom of Information request - Employee information provided to
ballot agents in Enterprise Agreement bargaining
Dear Australian Sports Commission,
This is a request for information under the Freedom of Information Act.
I request the document(s) which describe the data provided to the external
organisation(s) responsible for conducting the ballot(s) for all
Enterprise Agreements put to staff for a vote.
The scope of this request is limited only to those ballots undertaken for
enterprise agreements which were proposed to take effect after 30 June
2014.
The document shall describe the data given to the ballot agent. For
example, employee name, employee identification number, employee email
address, etc. I exclude the data for specific employees here; I am only
after the 'meta-data'.
If it assists you to treat this as an administrative request for
information I encourage you to do so. Otherwise, please consider this a
formal FOI request.
Yours faithfully,
James Smith
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #3084 email]
Is [4][ASC request email] the wrong address for Freedom of
Information requests to Australian Sports Commission? If so, please
contact us using this form:
[5]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:
[6]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.
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this communication or the information in it is strictly prohibited and may
be unlawful. If you receive this message in error, please delete it and
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References
Visible links
1. mailto:[FOI #3084 email]
2. mailto:[ASC request email]
3. mailto:[FOI #3084 email]
4. mailto:[ASC request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
7. http://www.ausport.gov.au/
Dear Mr Crook,
Thank you responding to my request so quickly.
I would like to know what the the 'EMP Type' is. Does this refer to an employee's classification level? Why was this field needed in order for the ballot provider to conduct the vote?
If you need me to submit a new FOI request to obtain this information, please let me know.
Yours sincerely,
James Smith
Dear Mr Smith
The 'EMP Type' field refers to the type of employment of an individual
e.g. ongoing, fixed term or casual. I understand that this was used as
part of the ASC's statistical analysis and the ballot company's
verification process.
Kind regards
Edgar
Edgar Crook
Assistant Director, IT Governance and Compliance
Office of the CIO
Digital Information Management & Technology
Australian Sports Commission
Tel: +61 2 6214 1372
[1][email address]
-----Original Message-----
From: James Smith [mailto:[FOI #3084 email]]
Sent: Friday, 17 February 2017 6:36 PM
To: foi officer
Subject: Re: Notification of Decision - Mr James Smith - Employee
information provided to ballot agents in Enterprise Agreement bargaining -
2017
Dear Mr Crook,
Thank you responding to my request so quickly.
I would like to know what the the 'EMP Type' is. Does this refer to an
employee's classification level? Why was this field needed in order for
the ballot provider to conduct the vote?
If you need me to submit a new FOI request to obtain this information,
please let me know.
Yours sincerely,
James Smith
-----Original Message-----
17 February 2017
James Smith
[1][FOI #3084 email]
Dear Mr Smith
Freedom of Information Request – Notice of Decision
I refer to your application for access to documents under the Freedom of
Information Act 1982 (the Act), which were made to the Australian Sports
Commission (the ASC) on 17 February 2017.
I confirm that in your request to the ASC you sought access to:
document(s) which describe the data provided to the external
organisation(s) responsible for conducting the ballot(s) for all
Enterprise Agreements put to staff for a vote. The scope of this request
is limited only to those ballots undertaken for enterprise agreements
which were proposed to take effect after 30 June 2014.
I am an officer authorised under section 23 of the Act to make decisions
in relation to requests for access to documents. This letter sets out my
decision in relation to your request being dealt with by the ASC and the
reasons for that decision.
In regards to the request I have been able to identify information which
I have decided to grant access under the Act. The information is
available in electronic format only and is provided below – noting that
the information in its original state was contained within text headers
within a spreadsheet.
· Employee Number
· Surname
· First name
· Postal – Address
· Postal - City/Suburb
· Postal - State
· Postal - Postcode
· Work/Personal Email Address
· Date of Birth
· EMP Type
· Comments
If you do not agree with my decision, you have an opportunity to apply
for a review of that decision or to make a complaint. I have provided
information on your review rights at Attachment A.
If you have any queries about this letter please do not hesitate to
contact me.
Yours faithfully
Edgar Crook
Assistant Director, IT Governance and Compliance
[2][ASC request email]
Attachment A
Rights of Review
Right to Review of the Decision
If you are dissatisfied with this decision you can apply for internal
review by the ASC or for review by the Information Commissioner (IC).
You do not have to apply for internal review before seeking IC review.
Internal review
If you seek internal review another ASC officer will be appointed to
conduct the review and make a completely fresh decision based on the
merits of the case.
You may seek internal review by making an application in writing to the
ASC within 30 days of being notified of this decision or 15 days after
access to the released documents is given, whichever is the longer
period.
Your application for internal review should be addressed to:
Corporate Counsel
Australian Sports Commission
PO Box 176
Belconnen ACT 2616
OR
[ASC request email]
Information Commissioner review
Alternatively, you may apply in writing for review by the IC. Refer to
[2]www.oaic.gov.au for further information. In making your application
you need to provide:
• an address for notices to be sent (this can be an email
address); and
• a copy of this decision
It would also help if you sent out the grounds on which you believe that
the decision should be reviewed.
Right to Complain
You may make a complaint to the IC about action taken by the ASC in
relation to your application. The complaint needs to be in writing and
identify the agency against which the complaint is made. Further
information is available at: [3]http://www.ombudsman.gov.au
You can submit your complaint using the form on the above website or sent
it to:
Commonwealth Ombudsman
GPO Box 442
CANBERRA ACT 2601
The complaint should set out the ground/s on which you consider the
action should be investigated.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #3084 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:
[5]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.
-------------------------------------------------------------------
--------------------------------------------------------------------------
Keep up to date with what's happening in Australian sport visit
[6]www.ausport.gov.au
This message is intended for the addressee named and may contain
confidential and privileged information. If you are not the intended
recipient please note that any form of distribution, copying or use of
this communication or the information in it is strictly prohibited and may
be unlawful. If you receive this message in error, please delete it and
notify the sender.
--------------------------------------------------------------------------
References
Visible links
1. mailto:[email address]
2. http://www.oaic.gov.au/
3. http://www.ombudsman.gov.au/
4. mailto:[FOI #3084 email]
5. https://www.righttoknow.org.au/help/offi...
6. http://www.ausport.gov.au/