ELEMENT

PERFORMANCE CRITERIA

1. Identify and clarify the nature of workplace disputes

1.1 Potential and actual workplace disputes are identified, or reported disputes noted, and resolution procedures initiated according to workplace procedures.

1.2 Facts and issues surrounding dispute are established through separate consultations with each disputing party and appropriate organisational research.

1.3 Relevant information is documented, collated and disseminated to the disputing parties and other appropriate persons according to organisational and legislative requirements.

2. Select and explain dispute-resolution procedures

2.1 Dispute-resolution procedures are analysed, explained to and discussed with relevant parties.

2.2 Dispute-resolution procedures and objectives are negotiated with relevant parties and decisions are verified and documented.

2.3 Roles and responsibilities of parties in the dispute-resolution process are determined and explained to participants.

2.4 Dispute-resolution procedures are scheduled and initiated according to organisational and legislative requirements.

2.5 Dispute-resolution procedures conducted by either statutory agencies or external dispute-resolution providers are analysed and explained.

2.6 Referrals to statutory agencies or external dispute-resolution providers are made, as necessary, according to workplace procedures.

3. Implement dispute-resolution procedures

3.1 Appropriate conduct of disputing parties during dispute-resolution procedures is explained and confirmed as understood.

3.2 Communication strategies are employed during the resolution process to ensure timely progress and promote positive outcomes.

3.3 Negotiation between parties is facilitated and supported to encourage agreement to a course of action.

3.4 Agreed courses of action are clarified, documented and validated by all parties or reasons for failure to agree are documented and dispute-resolution procedures are closed.

3.5 Unresolved disputes are referred to appropriate tribunal or person according to organisational and legislative requirements.

4. Report on and evaluate resolution procedures

4.1 Outcomes of dispute-resolution procedures are reported to relevant parties according to organisational and legislative requirements.

4.2 Outcomes are compared to objectives and any issues preventing satisfactory resolution are reviewed.

4.3 Strategies for improving the effectiveness of dispute-resolution procedures are discussed with relevant parties and reported according to organisational procedures.

Required skills

conflict-management skills to manage negotiations between opposing parties

self-management skills to:

remain impartial and objective

apply information and protocols in the context of workplace relations dispute-resolution procedures

apply procedures relating to OHS in the context of workplace communication

analytical skills to:

analyse problems

clarify the nature of a workplace dispute and identify appropriate resolution procedures

interpersonal and communication skills to facilitate complex discussions and negotiations in potentially contentious situations

language and literacy skills to:

research complex documents

communicate complex ideas and information

record and report on processes and outcomes

Required knowledge

workplace relations framework

workplace relations legislation, including conditions and entitlements

common and case law

roles and responsibilities of stakeholders, including employers, employees, legal representatives, unions, advisory bodies and other government agencies

workplace policies and procedures in relation to the application of dispute-resolution procedures

conflict resolution techniques

legal rights and responsibilities of the parties involved in the workplace dispute

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

Competency must be demonstrated by the application of dispute resolution procedures

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

analyse workplace disputes

apply dispute-resolution procedures from initiation to closure

apply appropriate communication strategies to facilitate resolution

interpret and communicate workplace relations information

evaluate processes and contribute to process improvement

Consistency in performance

Competency should be demonstrated by the application of a range of dispute-resolution procedures to different disputes involving various types of industrial instruments and a range of conditions and entitlement issues.

Context of and specific resources for assessment

Assessment must comply with:

organisational client management and health and safety procedures

applicable regulations and codes

Access may be required to:

a simulated work environment

organisational policies and procedures

workplace relations information

Guidance information for assessment

The following assessment methods are suggested:

questioning about types and application of dispute-resolution procedures and the processes involved in each

observation of the candidate applying workplace relations dispute-resolution procedures in a variety of contexts

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

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 disputes may include:

any disagreement in industrial relations between relevant stakeholders regarding such things as:

wages

conditions of employment

employee entitlements

termination of employment

industrial action

enforcement and compliance with workplace laws

coercion and duress

OHS

Organisational and legislative requirements may include:

OHS procedures

dispute-resolution procedures

legislation, codes and standards relevant to the workplace, such as:

Workplace Relations Act 1996

workplace relations regulations

Fair Work Act 2009

Independent Contractors Act 2006

other relevant federal, state or territory, and local legislation relating to:

OHS

human rights and equal employment opportunity

industrial relations

immigration

superannuation

workers compensation

long service leave

relevant industry codes of practice

note: legislation, codes and standards are subject to change and current relevant versions should be researched

relevant awards, employment contracts or industrial instruments, such as:

employee collective agreement (ECA)

union collective agreement (UCA)

employee greenfield agreement (EGA)

union greenfield agreement (UGA)

Australian workplace agreement(AWA)

individual transitional employment agreement (ITEA)

enterprise bargaining agreement (EBAs)

enterprise agreement

single enterprise agreement

multi enterprise agreement

notional agreement preserving state award (NAPSA)

preserved state agreement (PSA)

common law contract (CLC)

federal award

state award

contract for award-free employees

Dispute-resolution procedures may include:

conferencing

mediation

assisted negotiation

assisted voluntary resolution (AVR)

neutral evaluation

case appraisal

conciliation

arbitration

services or procedures specified in the regulations

Communication strategies may include:

active listening

negotiating

dealing with conflicting information

paraphrasing

questioning skills

adapting communication style to suit audience

substituting technical jargon with plain English

assertive communication

using conflict resolution strategies