Application
In practice, people responsible for supporting the resolution of complaints relating to workplace relations processes may be working as:
researcher or advisor in advisory organisations
workplace relations inspector or investigator
senior human resources officer with responsibility for compliance with workplace relations and other employment legislation
Prerequisites
Not applicable.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Clarify details of complaint and explain procedure | 1.1. Complainant details are obtained and recorded and nature of involvement in workplace relations issue is confirmed. 1.2. Resolution procedure for complaints and impartiality of advisor are explained to complainant and confirmed as understood and accepted. 1.3. Details of complaint are obtained, recorded and verified with complainant. 1.4. Issues are analysed and those that cannot be resolved are explained or referred according to workplace procedures. 1.5. Process for issues that fall within level of authority is clarified and timeframe for resolution is proposed. |
2. Review records of workplace relations issue and conduct research | 2.1. Organisational records of the workplace relations issue and actions taken, information gathered and advice given are reviewed and possible errors or gaps in information are identified. 2.2. Staff and relevant stakeholders are consulted to clarify details of the workplace relations issue and gather information to complete or amend records. 2.3. Research is conducted to complete or amend information and advice. 2.4. Importance and urgency of the complaint are assessed and priority is allocated to enable timely and effective action. 2.5. Expert advice is sought as necessary according to workplace procedures. 2.6. Additional or amended information is recorded and validated with colleagues or relevant persons. |
3. Report on resolution of complaint | 3.1. Additional or amended information is incorporated into response according to complainant requirements and workplace procedures. 3.2. System records or reports are completed and processed according to workplace requirements. 3.3. Response is checked for accuracy, clarity, suitability of language for intended audience and compliance with workplace requirements. 3.4. Communications are conducted with complainant to convey outcomes of review and research. 3.5. Queries relating to additional or amended advice or to complaints procedures are responded to promptly and effectively. |
4. Contribute to process improvement | 4.1. Factors contributing to incomplete or incorrect information or advice are assessed and recorded. 4.2. Strategies for continuous improvement are suggested, sought from colleagues and relevant persons, and discussed. 4.3. Appropriate strategies are selected and proposals for change are documented and processed according to workplace procedures. |
Required Skills
Required skills |
language and literacy skills to: prepare reports and correspondence containing information that is impartial, validated, accurate and complete read, interpret and communicate legislation, regulations, policies, procedures and guidelines relating to workplace relations time-management skills to plan and prioritise work problem-solving skills to: analyse and evaluate complaints propose timeframe for resolution of complaints communication skills to communicate impartially and diplomatically with diverse stakeholders, including: conducting open discussions facilitating positive outcomes active listening using appropriate questioning techniques teamwork skills to: consult gather and prepare evidence contribute to process improvement organising and planning skills to administer and manage records and files |
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 organisational policies and procedures, in particular complaints procedures |
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. | |
Critical aspects for assessment and evidence required to demonstrate competency in this unit | Assessment must confirm the ability to: apply workplace complaints-resolution procedures conduct appropriate research and consultation communicate impartially and objectively throughout complaints-resolution procedures apply advanced communication strategies to facilitate positive outcomes contribute to process improvements Consistency in performance Competency should be demonstrated by providing information to support resolution of a range of complaints relating to workplace relations advice or investigation outcomes. |
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: oral questioning about complaints-resolution procedures, examples of complaints and their resolution, and workplace relations information 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. |
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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. | |
Complainants may include: | employees employers trainees and apprentices employee representatives employer representatives union representatives third parties government departments employer associations |
Workplace relations issues may include: | making, varying or terminating a workplace agreement operational and notification requirements industrial instrument coverage classification issues wage rates conditions and entitlements of employment incorrect record keeping failure to issue pay slips unfair or unlawful termination discrimination OHS working conditions training redundancy superannuation |
Complaints may include: | incorrect information provided to client dissatisfaction with response times impolite service lack of impartiality disagreement with decision not to litigate misunderstanding of the result of enquiry allegations of contraventions by third parties outcome of enquiry not considered adequate |
Stakeholders may include: | employees employers trainees and apprentices employee representatives employer representatives union representatives interested third parties government departments employer associations |
Research may include: | records of similar or related cases case law 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 immigration industrial relations 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) multiple business agreement (MBA) common law contract (CLC) enterprise agreement single enterprise agreement multi enterprise agreement notional agreement preserving state award (NAPSA) preserved state agreement (PSA) greenfields agreement federal award state award contract for award-free employees |
Sectors
Not applicable.
Competency Field
Workplace Relations.
Employability Skills
This unit contains employability skills.
Licensing Information
Not applicable.