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Elements and Performance Criteria

  1. Work within a constitutional and legislative framework
  2. Formulate strategy within the appropriate jurisdiction
  3. Advise on the validity and credibility of cases
  4. Prepare case submissions
  5. Undertake case research

Required Skills

Required skills

high level analytical and research skills to assess relevant information and to evaluate its usefulness in the case

planning and organisational skills to make sure that the case runs smoothly

well developed writing skills to prepare necessary documentation for the case

Required knowledge

academic and legal studies about employmentrelated matters

decisions of federal and state industrial and equal opportunity tribunals

labour market and other statistical information

relevant employment agreements and awards and terms and conditions of employment

relevant regional national and international legislation and regulations relating to industrial relations occupational health and safety OHS vocational education and training and equal opportunity and discrimination

union 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

Overview of assessment

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

Evidence of the following is essential

demonstrated experience in having coordinated case preparation and evidence relating to an actual employmentrelated case on behalf of the union

demonstrated ability to coordinate the preparation of a case involving a number of people to undertake detailed analysis of research to commission research to support the case and to prepare overall case outlines and submissions on behalf of the union

knowledge of relevant employment agreements and awards and terms and conditions of employment

Context of and specific resources for assessment

Assessment must ensure

access to a wide range of documentation relating to cases which the union may have run or be required to run

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

assessment of written reportsexamples of documented cases

direct questioning combined with review of portfolios of evidence and third party workplace reports of onthejob performance by the candidate

observation of presentations

oral or written questioning to assess knowledge of legislation covering industrial relations OHS environmental issues or antidiscrimination

review of options developed for resolution and review of rationale for option selected

review of documentation predicting opposing arguments and addressing key points to be made

evaluation of evidence materials prepared

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended for example

other workplace relations units


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.

Strategic decisions may involve:

application for adjournments

applications for orders restraining an employer from undertaking certain activities

referral of matters into conciliation

use of dispute resolution processes

Specialists may include:

academics

economists or other recognised persons within their field

legal counsel

pre-eminent persons

Submissions may include:

written case outline

written submissions

witness statements

Evidence materials may include:

exhibits

inspection records

precedent decisions

witness statements

written or other records

Key studies, research and other material could include:

commissioned research

government statistical and other reports

journal materials

publications

research articles

research reports