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.

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for dispute resolution

1.1. Establish facts and issues surrounding the dispute

1.2. Analyse key strengths and weaknesses of own and opposing case

1.3. Determine and analyse dispute resolution process to be applied

1.4. Identify evidence that can be used to support own case

1.5. Make an assessment of realistic outcomes that may be achieved and agree on objectives for participating in the processes

1.6. Develop an appropriate strategy to deal with the dispute through agreed or established processes

1.7. File appropriate documentation in accordance with the agreed procedure and/or tribunal requirements

2. Participate in dispute resolution processes

2.1. Present an outline of position to support own case and respond to and/or rebut opposing arguments

2.2. Identify common areas of agreement, seek to minimise areas of disagreement and achieve an outcome that will align with your objective/s

3. Reach an outcome to dispute resolution

3.1. Use communication techniques to put forward options for resolution of the dispute

3.2. Seek agreement on identified options that are consistent with own objectives

3.3. Consult with appropriate parties over authority to reach agreement on particular options

3.4. Refer to appropriate tribunal/person in accordance with the dispute resolution process where agreement cannot be reached

3.5. Clarify agreement or withdraw from dispute resolution process

4. Evaluate and review outcome against objectives

4.1. Report back to members and union on outcomes

4.2. Review outcome with members and union against objectives

4.3. Review dispute resolution processes for effectiveness

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 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.

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)

Unit sector

Workforce Development - Workplace Relations

This unit contains employability skills.