Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

PSPWPR502A Mapping and Delivery Guide
Manage compliance with workplace relations legislation

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency PSPWPR502A - Manage compliance with workplace relations legislation
Description This unit covers the ability to administer and manage compliance with workplace relations legislation and provide consultation and advice to those with this responsibility. It includes evaluating workplace conditions and entitlements to assess compliance or non-compliance with relevant workplace relations legislation, examining issues of non-compliance, and selecting strategies that could be implemented to contribute to compliance. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application In practice, people responsible for administering and managing compliance with workplace relations legislation may be working as:researcher or advisor in advisory organisationsworkplace relations issues inspector or investigatorsenior human resources officer with responsibility for compliance with workplace relations and other employment legislation
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Not applicable.
Competency Field Workplace Relations.
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Assess compliance of workplace conditions and entitlements with workplace relations legislation
  • Current, relevant workplace relations legislation and guidance information are accessed and interpreted.
  • Workplace conditions and entitlements are evaluated and factors that may constitute non-compliance with workplace relations legislation are identified.
  • Information that will assist in the assessment of a potential or possible breach is gathered and recorded as necessary.
  • Potential or possible breaches of legislation and possible outcomes and courses of action are identified and referred to appropriate persons for timely action.
  • Assessment of potential or possible breach is recorded and reported according to organisational and legislative requirements.
       
Element: Review non-compliant workplace conditions and entitlements and propose resolution strategies
  • Information that assists in the assessment of non-compliance is gathered from advisory materials, stakeholders and workplace documents and recorded according to organisational policies and procedures.
  • Information is reviewed and compared to workplace relations legislative requirements to assess non-compliance.
  • Urgency of non-compliance resolution is assessed and priority allocated to enable timely and effective action.
  • Strategies for resolving non-compliant factors of workplace conditions and entitlements are suggested or sought from appropriate persons.
  • Participation in and contribution to resolution of non-compliance is made according to organisational procedures.
  • Records and reports are completed and processed according to organisational and legislative requirements.
       
Element: Contribute to compliance with workplace relations legislation
  • Compliance requirements of workplace relations legislation are communicated to relevant persons to confirm understanding and ensure consistency of interpretation and application.
  • Potential consequences of non-compliance with workplace relations legislation are conveyed using language and examples suited to individual needs.
  • Practices that may contribute to non-compliance are identified and addressed.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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 non-compliance issues.

Consistency in performance

Competency should be demonstrated by managing, or providing consultation to the management, on a range of workplace relations non-compliance 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 non-compliance issues and strategies for resolution

observation of the candidate assessing a variety of non-compliance issues and proposing options for resolution

feedback from peers and/or 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.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

time-management 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 non-compliance with workplace relations legislation

consequences of non-compliance with workplace relations legislation

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

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

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Current, relevant workplace relations legislation and guidance information are accessed and interpreted. 
Workplace conditions and entitlements are evaluated and factors that may constitute non-compliance with workplace relations legislation are identified. 
Information that will assist in the assessment of a potential or possible breach is gathered and recorded as necessary. 
Potential or possible breaches of legislation and possible outcomes and courses of action are identified and referred to appropriate persons for timely action. 
Assessment of potential or possible breach is recorded and reported according to organisational and legislative requirements. 
Information that assists in the assessment of non-compliance is gathered from advisory materials, stakeholders and workplace documents and recorded according to organisational policies and procedures. 
Information is reviewed and compared to workplace relations legislative requirements to assess non-compliance. 
Urgency of non-compliance resolution is assessed and priority allocated to enable timely and effective action. 
Strategies for resolving non-compliant factors of workplace conditions and entitlements are suggested or sought from appropriate persons. 
Participation in and contribution to resolution of non-compliance is made according to organisational procedures. 
Records and reports are completed and processed according to organisational and legislative requirements. 
Compliance requirements of workplace relations legislation are communicated to relevant persons to confirm understanding and ensure consistency of interpretation and application. 
Potential consequences of non-compliance with workplace relations legislation are conveyed using language and examples suited to individual needs. 
Practices that may contribute to non-compliance are identified and addressed. 

Forms

Assessment Cover Sheet

PSPWPR502A - Manage compliance with workplace relations legislation
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

PSPWPR502A - Manage compliance with workplace relations legislation

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: