- BSBWRK409A - Prepare for and participate in dispute resolution
Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners
BSBWRK409A Mapping and Delivery Guide
Prepare for and participate in dispute resolution
Version 1.0
Issue Date: April 2024
| Qualification | - |
Unit of Competency | BSBWRK409A - Prepare for and participate in dispute resolution |
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| Description | This unit describes the performance outcomes, skills and knowledge required to prepare for and participate in a dispute resolution process including a dispute over the application of terms and conditions of employment or bargaining. It covers preparation of a case, participation in a dispute resolution process and the process of appearing before a tribunal or body to assist in the resolution of the dispute.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 | This unit applies to individuals who have knowledge of unionism and industrial relations, and a commitment to advancing social justice principles. They provide leadership and guidance to workers and union members.Individuals who perform this task of dispute resolution will be generally working with union staff. | ||
| Duration and Setting | X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting. |
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| Prerequisites/co-requisites | |||
| Competency Field | Workforce Development - 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 | |
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| Elements of Competency | Performance Criteria | |||||||
| Element: Prepare for dispute resolution |
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| Element: Participate in dispute resolution processes |
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| Element: Reach an outcome to dispute resolution |
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| Element: Evaluate and review outcome against objectives |
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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. | |
Overview of assessment | |
Critical aspects for assessment and evidence required to demonstrate competency in this unit | Evidence of the following is essential: documented case relating to an individual grievance, workplace dispute or related matter, with supporting evidence of how facts were gathered and analysed, and the process that occurred to achieve a resolution analysis of the roles of the parties involved in the dispute and the effectiveness of strategies used in the dispute resolution knowledge of common law rights and obligations. |
Context of and specific resources for assessment | Assessment must ensure: access to a range of documents relating to a dispute. |
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: analysis of responses to case studies and scenarios demonstration of techniques direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate assessment of analysis of key strengths and weaknesses of own and opposing case review of documentation outlining position to support own case and responding to and/or rebutting opposing arguments review of how outcomes were reported back to members and union. |
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. |
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.
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Required skills |
analytic skills to determine relevant facts and issues surrounding the dispute communication skills to obtain information from relevant parties and to attain agreement literacy skills to read reports and to prepare appropriate documentation teamwork skills to work with others effectively. |
Required knowledge |
common law rights and obligations precedents for similar issues/matters relevant policies and procedures relevant employment agreements, awards and terms, and conditions of employment relevant legislation relating to industrial relations, vocational education and training, occupational health and safety, discrimination and equal employment opportunity. |
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. | |
Dispute may relate to: | bargaining dispute grievance under an award or agreement term of legislation, award or agreement |
Dispute resolution processes may include: | agreed dispute resolution processes dispute resolution processes in workplace agreements model dispute resolution processes |
Evidence may include: | custom and practice documented interviews precedents relevant policies statements |
Communication techniques may include: | active and involved listening, reframing, summarising, reflecting, clarifying, paraphrasing body language interpersonal and language style problem solving questioning (use of open or closed questions) |
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 |
|---|---|---|---|
| Establish facts and issues surrounding the dispute | |||
| Analyse key strengths and weaknesses of own and opposing case | |||
| Determine and analyse dispute resolution process to be applied | |||
| Identify evidence that can be used to support own case | |||
| Make an assessment of realistic outcomes that may be achieved and agree on objectives for participating in the processes | |||
| Develop an appropriate strategy to deal with the dispute through agreed or established processes | |||
| File appropriate documentation in accordance with the agreed procedure and/or tribunal requirements | |||
| Present an outline of position to support own case and respond to and/or rebut opposing arguments | |||
| Identify common areas of agreement, seek to minimise areas of disagreement and achieve an outcome that will align with your objective/s | |||
| Use communication techniques to put forward options for resolution of the dispute | |||
| Seek agreement on identified options that are consistent with own objectives | |||
| Consult with appropriate parties over authority to reach agreement on particular options | |||
| Refer to appropriate tribunal/person in accordance with the dispute resolution process where agreement cannot be reached | |||
| Clarify agreement or withdraw from dispute resolution process | |||
| Report back to members and union on outcomes | |||
| Review outcome with members and union against objectives | |||
| Review dispute resolution processes for effectiveness |
Forms
Assessment Cover Sheet
BSBWRK409A - Prepare for and participate in dispute resolution
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
BSBWRK409A - Prepare for and participate in dispute resolution
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: