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 high levels of responsibility and are authorised by the union to appear before a tribunal.

ELEMENT

PERFORMANCE CRITERIA

1. Utilise and promote the legal basis which underpins employment rights and conditions

1.1. Apply knowledge of employment rights and conditions in a range of jurisdictions

1.2. Ensure legislative and industrial instruments are understood and applied where appropriate

1.3. Identify non-compliance with legislative, regulatory or industrial instruments and respond appropriately

2. Use dispute resolution processes for grievances and disputes

2.1. Use dispute resolution processes to achieve outcomes

2.2. Use dispute resolution powers and procedures strategically

2.3. Use dispute resolution processes to respond effectively to employer or respondent applications

2.4. Use appropriate tactics to secure the best outcome for the case

2.5. Make realistic assessments of case proceedings and alternative options

3. Advocate case before tribunal

3.1. Seek to have powers of the tribunal applied according to rules and procedures

3.2. Apply order of submissions, including giving opening and final addresses and establishing purpose and key facts

3.3. Provide written case outlines and submissions

3.4. Employ appropriate techniques for addressing a court or tribunal strategically

3.5. Seek adjournments, where appropriate, in a timely manner

3.6. Ensure appropriate documentation is tendered in accordance with required rules and procedures

3.7. Ensure relevant decisions and precedents are referred to and distinguished appropriately

3.8. Ensure issues raised by respondents or tribunal members are addressed, neutralised or rebutted in an articulate way

Required skills

high level communication skills to advocate and speak persuasively in formal situations

presentation skills to outline key facts

listening skills and negotiation skills suited to the tribunal environment

analytical skills to assess the merits of various arguments.

Required knowledge

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

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

union policies and procedures

relevant court and tribunal etiquette, rules and procedures

rules of evidence.

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 ability to prepare for and advocate an effective case before a tribunal

demonstration of a range of dispute resolution approaches that would apply to union member grievances and disputes

knowledge of relevant court and tribunal etiquette, rules and procedures.

Context of and specific resources for assessment

Assessment must ensure:

an actual or simulated tribunal environment

access to relevant documents.

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:

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

review of documented assessments of case proceedings and alternative options

demonstration of techniques

observation of demonstrated techniques in advocating a case before a tribunal

oral or written questioning to assess knowledge of legislation and industrial relations

review of written case outlines and submissions.

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 resolution powers and procedures may include:

arbitration

conciliation

mediation

Appropriate tactics may involve:

seeking adjournments to reconsider own position in light of respondent arguments/new evidence

using discovery processes to elicit further information from respondent/employer

using witnesses, including hostile witnesses, to draw out relevant evidence

Appropriate techniques for addressing a court or tribunal include:

delivery, for example, voice, tone, rate of speech and inflection

different styles of questioning

examining witnesses

focusing attention by involving the tribunal

gestures and movements

listening

mannerisms

oral submissions

rebutting submissions or evidence

use of appropriate protocol in addressing tribunal members and other representatives

use of humour or other tactics

use of notes

verbal arguments

Unit sector

Workforce Development - Workplace Relations

This unit contains employability skills.