Application
This unit describes the skills required to administer and manage compliance with workplace relations legislation and provide consultation and advice to those with this responsibility. It includes assessing compliance of workplace conditions and entitlements with workplace relations legislation, reviewing non-compliant workplace conditions and entitlements and proposing resolution strategies and contributing to compliance with workplace relations legislation.
This unit applies to those working in generalist and specialist roles within the public sector.
The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.
Those undertaking this unit would work independently, performing complex tasks in a range of familiar contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA |
Elements describe the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section. |
1. Assess compliance of workplace conditions and entitlements with workplace relations legislation | 1.1 Access and interpret current, relevant workplace relations legislation and guidance information. 1.2 Evaluate workplace conditions and entitlements and identify factors that may constitute non-compliance with workplace relations legislation. 1.3 Gather and record information that will assist in the assessment of a breach as necessary. 1.4 Identify breaches of legislation, possible outcomes, course of action and refer to appropriate persons. 1.5 Record and report assessment of breach. |
2. Review non-compliant workplace conditions and entitlements and propose resolution strategies | 2.1 Gather and record information that assists in the assessment of non-compliance from advisory materials, stakeholders and workplace documents. 2.2 Review and compare information to workplace relations legislative requirements to assess non-compliance. 2.3 Assess urgency of non-compliance resolution and allocate priority to enable prompt and effective action. 2.4 Suggest or seek strategies for resolving non-compliant factors of workplace conditions and entitlements. 2.5 Contribute to resolution of non-compliance. 2.6 Complete and process records and reports. |
3. Contribute to compliance with workplace relations legislation | 3.1 Communicate compliance requirements of workplace relations legislation to relevant persons, confirm understanding and ensure consistency. 3.2 Convey potential consequences of non-compliance with workplace relations legislation using language and examples suited to individual needs. 3.3 Identify and address practices that may contribute to non |
Evidence of Performance
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.
reading, interpreting and communicating legislation, regulations, policies, procedures and guidelines relating to workplace relations
preparing reports and correspondence containing information that is impartial, validated, accurate and complete
communicating impartially and diplomatically with diverse stakeholders, including conducting open discussions and using appropriate questioning techniques
planning and prioritising work
working as a member of a team
consulting and providing advice
organising and planning skills to administer and manage records and files
Evidence of Knowledge
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.
workplace relations framework
workplace relations legislation, including conditions and entitlements
relevant support organisations
common and case law
strategies for encouraging compliance, including advice sheets and checklists and transparency of workplace arrangements
roles and responsibilities of stakeholders, including employers, employees, legal representatives, unions, advisory bodies and other government agencies
procedures and protocols for reporting non-compliance with workplace relations legislation
consequences of non-compliance with workplace relations legislation
organisational policies and procedures relating to managing compliance with workplace relations legislation
Assessment Conditions
This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
General