BSBWRK508A
Manage and oversee bargaining

This unit describes the performance outcomes, skills and knowledge required to effectively manage the process of bargaining to ensure collective agreements are implemented that maintain and promote rights and conditions for union members.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

Application

This unit applies to individuals with a well established, 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, work at a senior level in the organisation and are authorised to coordinate bargaining processes.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for bargaining

1.1. Analyse workplace structures to support bargaining processes

1.2. Identify training and development needs

1.3. Identify existing industrial arrangements and impact of legislation relevant to bargaining

1.4. Prepare an initial draft of claims and ensure compliance

1.5. Develop bargaining strategy and negotiating tactics which complement organising activities

2. Oversee and develop workplace organisation

2.1. Develop and implement methods to identify issues in the workplace

2.2. Establish consultative and communication processes

2.3. Develop key campaign messages

2.4. Ensure recruitment of workers is undertaken and members are moved towards activism

2.5. Inoculate members to possible employer strategies and propose union responses

2.6. Coordinate, plan and commence workplace activities

3. Undertake negotiations and take action

3.1. Participate in formal negotiations

3.2. Keep records of formal meetings and outcomes

3.3. Initiate action against employer where appropriate

3.4. Apply negotiating techniques to achieve a favourable outcome

3.5. Respond to employer positions, strategy and tactics as appropriate

4. Reach and evaluate outcomes

4.1. Finalise agreed outcomes of negotiations and document agreement

4.2. Seek approval of endorsement process with members on final agreement

4.3. Ensure agreement is lodged and ballots are conducted appropriately by the employer

4.4. Review outcomes against initial plan with members

4.5. Establish a plan for implementation of the agreement

Required Skills

Required skills

communication skills to consult and negotiate

leadership skills to gain the support of and motivate others

organisational and analytical skills.

Required knowledge

industrial laws and processes to ensure that agreements are consistent with legislative requirements, including discrimination legislation, especially as it pertains to employment

relevant industry and workforce

union rules, policies, practices and protocols.

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:

examples of agreements and a range of supporting documents generated prior to lodgement

documented analysis of a bargaining process with descriptions and critique of bargaining strategies employed

knowledge of relevant industry and workforce.

Context of and specific resources for assessment

Assessment must ensure:

access to workplace and union 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

observation of demonstrated techniques in negotiation

observation of presentations

oral or written questioning to assess knowledge of industrial laws and processes

review of documentation about training and development needs

review of bargaining strategy and negotiating tactics

evaluation of agreement documentation

review of plan established to implement the agreement.

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.

Workplace structures may include:

delegates and activists

membership numbers and union workplace density

union workplace committees or structures

workplace organising committees

Training and development needs may include:

formal training in bargaining and other skills

information and awareness raising for all members and workers

one-to-one development in campaign skills

workplace meetings to discuss issues

Methods to identify issues may include:

one-to-one contact with members and workers

surveys

workplace meetings to discuss issues

Consultative and communication processes may include:

email, newsletters, union memos

one-to-one contact by delegates and activists

phone trees

regular workplace meetings

workplace organising committee meetings

Possible employer strategies may include:

benevolence

contracting out

creating a climate of fear and hostility

creating an in-house union

non union agreements

terminating agreements

Action may include:

petitions

protected industrial action including strikes, bans, limitations

resolutions

using the media or other bodies or groups to exert pressure or seek influence

workplace meetings

Negotiating techniques may include:

changing of position

gathering information

preparing a compromise

referring back

spiralling

taking action

using third parties

Endorsement process may include:

ballot processes

workplace meetings of members


Sectors

Unit sector


Competency Field

Workforce Development - Workplace Relations


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.