Assessor Resource

PSPGEN072
Manage compliance with workplace relations legislation

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to administer and manage compliance with workplace relations legislation and provide consultation and advice to those with this responsibility. It includes assessing compliance of workplace conditions and entitlements with workplace relations legislation, reviewing non-compliant workplace conditions and entitlements and proposing resolution strategies and contributing to compliance with workplace relations legislation.

This unit applies to those working in generalist and specialist roles within the public sector.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently, performing complex tasks in a range of familiar contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)


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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Assess compliance of workplace conditions and entitlements with workplace relations legislation

1.1 Access and interpret current, relevant workplace relations legislation and guidance information.

1.2 Evaluate workplace conditions and entitlements and identify factors that may constitute non-compliance with workplace relations legislation.

1.3 Gather and record information that will assist in the assessment of a breach as necessary.

1.4 Identify breaches of legislation, possible outcomes, course of action and refer to appropriate persons.

1.5 Record and report assessment of breach.

2. Review non-compliant workplace conditions and entitlements and propose resolution strategies

2.1 Gather and record information that assists in the assessment of non-compliance from advisory materials, stakeholders and workplace documents.

2.2 Review and compare information to workplace relations legislative requirements to assess non-compliance.

2.3 Assess urgency of non-compliance resolution and allocate priority to enable prompt and effective action.

2.4 Suggest or seek strategies for resolving non-compliant factors of workplace conditions and entitlements.

2.5 Contribute to resolution of non-compliance.

2.6 Complete and process records and reports.

3. Contribute to compliance with workplace relations legislation

3.1 Communicate compliance requirements of workplace relations legislation to relevant persons, confirm understanding and ensure consistency.

3.2 Convey potential consequences of non-compliance with workplace relations legislation using language and examples suited to individual needs.

3.3 Identify and address practices that may contribute to noncompliance.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

reading, interpreting and communicating legislation, regulations, policies, procedures and guidelines relating to workplace relations

preparing reports and correspondence containing information that is impartial, validated, accurate and complete

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

planning and prioritising work

working as a member of a team

consulting and providing advice

organising and planning skills to administer and manage records and files

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

workplace relations framework

workplace relations legislation, including conditions and entitlements

relevant support organisations

common and case law

strategies for encouraging compliance, including advice sheets and checklists and 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

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, 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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Assess compliance of workplace conditions and entitlements with workplace relations legislation

1.1 Access and interpret current, relevant workplace relations legislation and guidance information.

1.2 Evaluate workplace conditions and entitlements and identify factors that may constitute non-compliance with workplace relations legislation.

1.3 Gather and record information that will assist in the assessment of a breach as necessary.

1.4 Identify breaches of legislation, possible outcomes, course of action and refer to appropriate persons.

1.5 Record and report assessment of breach.

2. Review non-compliant workplace conditions and entitlements and propose resolution strategies

2.1 Gather and record information that assists in the assessment of non-compliance from advisory materials, stakeholders and workplace documents.

2.2 Review and compare information to workplace relations legislative requirements to assess non-compliance.

2.3 Assess urgency of non-compliance resolution and allocate priority to enable prompt and effective action.

2.4 Suggest or seek strategies for resolving non-compliant factors of workplace conditions and entitlements.

2.5 Contribute to resolution of non-compliance.

2.6 Complete and process records and reports.

3. Contribute to compliance with workplace relations legislation

3.1 Communicate compliance requirements of workplace relations legislation to relevant persons, confirm understanding and ensure consistency.

3.2 Convey potential consequences of non-compliance with workplace relations legislation using language and examples suited to individual needs.

3.3 Identify and address practices that may contribute to noncompliance.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

reading, interpreting and communicating legislation, regulations, policies, procedures and guidelines relating to workplace relations

preparing reports and correspondence containing information that is impartial, validated, accurate and complete

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

planning and prioritising work

working as a member of a team

consulting and providing advice

organising and planning skills to administer and manage records and files

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

workplace relations framework

workplace relations legislation, including conditions and entitlements

relevant support organisations

common and case law

strategies for encouraging compliance, including advice sheets and checklists and 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

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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
Access and interpret current, relevant workplace relations legislation and guidance information. 
Evaluate workplace conditions and entitlements and identify factors that may constitute non-compliance with workplace relations legislation. 
Gather and record information that will assist in the assessment of a breach as necessary. 
Identify breaches of legislation, possible outcomes, course of action and refer to appropriate persons. 
Record and report assessment of breach. 
Gather and record information that assists in the assessment of non-compliance from advisory materials, stakeholders and workplace documents. 
Review and compare information to workplace relations legislative requirements to assess non-compliance. 
Assess urgency of non-compliance resolution and allocate priority to enable prompt and effective action. 
Suggest or seek strategies for resolving non-compliant factors of workplace conditions and entitlements. 
Contribute to resolution of non-compliance. 
Complete and process records and reports. 
Communicate compliance requirements of workplace relations legislation to relevant persons, confirm understanding and ensure consistency. 
Convey potential consequences of non-compliance with workplace relations legislation using language and examples suited to individual needs. 
Identify and address practices that may contribute to noncompliance. 
Access and interpret current, relevant workplace relations legislation and guidance information. 
Evaluate workplace conditions and entitlements and identify factors that may constitute non-compliance with workplace relations legislation. 
Gather and record information that will assist in the assessment of a breach as necessary. 
Identify breaches of legislation, possible outcomes, course of action and refer to appropriate persons. 
Record and report assessment of breach. 
Gather and record information that assists in the assessment of non-compliance from advisory materials, stakeholders and workplace documents. 
Review and compare information to workplace relations legislative requirements to assess non-compliance. 
Assess urgency of non-compliance resolution and allocate priority to enable prompt and effective action. 
Suggest or seek strategies for resolving non-compliant factors of workplace conditions and entitlements. 
Contribute to resolution of non-compliance. 
Complete and process records and reports. 
Communicate compliance requirements of workplace relations legislation to relevant persons, confirm understanding and ensure consistency. 
Convey potential consequences of non-compliance with workplace relations legislation using language and examples suited to individual needs. 
Identify and address practices that may contribute to noncompliance. 

Forms

Assessment Cover Sheet

PSPGEN072 - Manage compliance with workplace relations legislation
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Assessment Record Sheet

PSPGEN072 - Manage compliance with workplace relations legislation

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

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