This unit applies to individuals with a sound theoretical knowledge base in unionism and industrial relations who provide leadership to members and staff in the union workplace. They carry moderate levels of responsibility and are authorised to coordinate cases before a tribunal.

This activity may be undertaken with advice from legal counsel.

ELEMENT

PERFORMANCE CRITERIA

1. Work within a constitutional and legislative framework

1.1. Identify relevant court, tribunal and administrative bodies to respond to each employment-related matter

1.2. Apply knowledge of the constitutional or legislative framework to work

1.3. Consider scope of jurisdiction and industrial matters

1.4. Explain and apply practical application of key employment laws

2. Formulate strategy within the appropriate jurisdiction

2.1. Apply knowledge of the appropriate jurisdiction

2.2. Apply knowledge of employment laws to achieve best outcomes

2.3. Ensure strategic decisions are informed by an understanding of the jurisdiction's powers

3. Advise on the validity and credibility of cases

3.1. Gather relevant information with sufficient detail for an accurate evaluation to be made

3.2. Consult specialists in instances where expert interpretation or advice is required

3.3. Make judgements on the basis of clear and accurate information

3.4. Evaluate likelihood of success using valid and reliable case information

3.5. Inform interested parties of likely outcomes with a clear rationale given for anticipated results

3.6. Develop a full range of options for resolution and explain rationale for option selection

3.7. Advise interested parties of rationale and provide them with information about their options where the union will not support the case

3.8. Store relevant information accurately and securely and disclose confidential information only with the express permission of the member and only to appropriate parties

4. Prepare case submissions

4.1. Identify case objectives

4.2. Identify and assess key strengths and weaknesses, including gap areas requiring further research

4.3. Predict opposing arguments and address key points to be made

4.4. Check case regularly for its validity and likely outcomes

4.5. Prepare sufficient and appropriate rebuttal of opposing party's case or build into the submission

4.6. Prepare appropriate submissions

4.7. Ensure established procedures and time lines for submission of written material and responses are met

5. Undertake case research

5.1. Identify relevant supporting and opposing precedents and arguments

5.2. Prepare evidence materials

5.3. Identify key studies, research and other material in support of the case or that support opposing arguments

5.4. Re-evaluate the case against research outcomes

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 employment-related 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.

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 employment-related 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 reports/examples of documented cases

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

observation of presentations

oral or written questioning to assess knowledge of legislation covering industrial relations, OHS, environmental issues, or anti-discrimination

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.

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

Unit sector

Workforce Development - Workplace Relations

This unit contains employability skills.