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Elements and Performance Criteria

  1. Analyse and clarify complex workplace relations issues
  2. Research information applicable to complex issues
  3. Provide advice and information

Required Skills

Required skills

language and literacy skills to

communicate impartially and diplomatically with diverse stakeholders including conducting open discussions and using appropriate questioning techniques

read interpret and communicate historic records case law legislation regulations policies procedures and guidelines relating to workplace relations

prepare records written reports and correspondence containing information that is impartial validated accurate and complete

timemanagement skills to plan and prioritise work

interpersonal and teamwork skills to

work as a member of a team

consult and provide advice

planning and organising skills to administer and manage records and files

Required knowledge

historical records and legal information relevant to particular workplace relations issues

workplace relations framework

workplace relations legislation at federal and state levels including conditions and entitlements

roles and responsibilities of stakeholders including employers employees unions and advisory bodies

organisational policies and procedures

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to

analyse complex workplace relations issues

research legislation including common and case law to identify appropriate and accurate responses

seek expert legal advice as required

communicate complex workplace relations information in plain English to diverse stakeholders

Consistency in performance

Competency should be demonstrated by providing advice on a range of complex workplace relations enquiries involving

a variety of types of industrial instruments

a range of issues regarding conditions and entitlements

diverse enquirers

Context of and specific resources for assessment

Assessment must comply with

organisational client management and health and safety procedures

applicable regulations and codes

Access may be required to

a simulated work environment

organisational policies and procedures

workplace relations information

Guidance information for assessment

The following assessment methods are suggested

oral questioning about

workplace relations information sources

case law applicable to complex workplace relations enquiries

range of expert advice available

examples of complex workplace relations issues

observation of the candidate providing advice on a range of complex workplace relations issues to diverse enquirers

feedback from peers andor supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly Questioning techniques should suit the language and literacy levels of the candidate


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Complex workplace relations issues may relate to:

making, varying or terminating a workplace agreement

operational and notification requirements

award coverage

wage rates

conditions and entitlements of employment

incorrect record keeping

unfair or unlawful termination

discrimination

OHS

working conditions

redundancy

training

superannuation

Stakeholders may include:

employees

employers

trainees and apprentices

employee representatives

employer representatives

union representatives

employer associations

Nature and extent of information may include:

proof of identity

business name

employer association

constitutional corporation

industry

duties and occupations

business pre and post-reform

parties involved

Relevant legal documentation may include:

case law and historical information

legislation, codes and standards relevant to the workplace, such as:

Workplace Relations Act 1996

workplace relations regulations

Fair Work Act 2009

Independent Contractors Act 2006

other relevant federal, state or territory, and local legislation relating to:

OHS

human rights and equal employment opportunity

industrial relations

superannuation

workers compensation

long service leave

relevant industry codes of practice

note: legislation, codes and standards are subject to change and current relevant versions should be researched

relevant awards, employment contracts or industrial instruments, such as:

employee collective agreement (ECA)

union collective agreement (UCA)

employee greenfield agreement (EGA)

union greenfield agreement (UGA)

Australian workplace agreement(AWA)

individual transitional employment agreement (ITEA)

enterprise bargaining agreement (EBAs)

multiple business agreement (MBA)

common law contract (CLC)

notional agreement preserving state award (NAPSA)

preserved state agreement (PSA)

enterprise agreement

multi enterprise agreement

single enterprise agreement

greenfields agreement

federal award

state award

contract for award-free employees