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Elements and Performance Criteria

  1. Assess compliance of workplace conditions and entitlements with workplace relations legislation
  2. Review non-compliant workplace conditions and entitlements and propose resolution strategies
  3. Contribute to compliance with workplace relations legislation

Required Skills

Required skills

language and literacy skills to

read interpret and communicate legislation regulations policies procedures and guidelines relating to workplace relations

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

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

timemanagement skills to plan and prioritise work

interpersonal and teamwork skills to

work as a member of a team

consult and provide advice

organising and planning skills to administer and manage records and files

Required knowledge

workplace relations framework

workplace relations legislation including conditions and entitlements

relevant support organisations

common and case law

strategies for encouraging compliance such as

advice sheets and checklists

transparency of workplace arrangements

roles and responsibilities of stakeholders including employers employees legal representatives unions advisory bodies and other government agencies

procedures and protocols for reporting noncompliance with workplace relations legislation

consequences of noncompliance with workplace relations legislation

organisational policies and procedures relating to managing compliance with workplace relations legislation

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

interpret and communicate workplace relations information to diverse stakeholders

identify and assess potential breaches of workplace relations legislation

research specific details of workplace relations legislation

participate in resolution of workplace relations noncompliance issues

Consistency in performance

Competency should be demonstrated by managing or providing consultation to the management on a range of workplace relations noncompliance issues in a variety of contexts

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

conditions and entitlements

types of industrial instruments

common noncompliance issues and strategies for resolution

observation of the candidate assessing a variety of noncompliance issues and proposing options for resolution

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.

Workplace relations legislation and guidance information may include:

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

immigration

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)

enterprise agreement

single enterprise agreement

multi enterprise agreement

notional agreement preserving state award (NAPSA)

preserved state agreement (PSA)

greenfields agreement

federal award

state award

contract for award-free employees

Workplace conditions and entitlements may include:

maximum weekly hours of work

leave, including:

annual leave

parental leave and related entitlements

personal/carer's leave and compassionate leave

community service leave

long service leave

requests for flexible working arrangements

public holidays

notice of termination and redundancy pay

minimum wages

any other conditions or entitlements contained in industrial instruments, legislation or employment contracts

Advisory materials may be sourced from:

organisational knowledge sources, such as computer databases

training manuals and modules

appropriate websites

Stakeholders may include:

employees

employers

interested third parties

trainees and apprentices

employee representatives

employer representatives

union representatives

employer associations

government departments

Workplace documents may include:

contracts

knowledge articles

written advice

memos

bulletins

organisational policies and procedures

guides

modules

time and wage records

rosters

manuals