- BSBWRK408A - Undertake negotiations
This unit applies to individuals who have knowledge of unionism and industrial relations, and a commitment to advancing social justice principles. They provide leadership and guidance to workers and union members.
The unit relates to the negotiation of a range of issues for workers, such as terms and conditions of employment, awards and agreements, workplace safety and industrial matters.
Elements and Performance Criteria
1. Prepare for negotiations
1.1. Encourage members to raise issues and matters of concern
1.2. Analyse the presenting issue and obtain additional information from members and others, if required
1.3. Identify the purpose and objectives of the negotiation and verify the claim, including top- and bottom-line positions, in consultation with members
1.4. Identify and establish priorities for the negotiation
1.5. Undertake research to develop a position which is assessed for strengths and weaknesses, takes account of member views and is assessed against relevant policies
1.6. Identify main arguments, predict opponent's arguments and consider consequences of not reaching agreement
1.7. Select a negotiation style and make decisions on how to present the position
2. Participate in negotiations
2.1. Assign roles for negotiators, fully brief all participants and gain support from all relevant parties for an agreed approach to the negotiations
2.2. Clearly state relevant facts to the issue presented in the negotiation and explain the strength of the agreed position
2.3. Identify relevant precedents and supporting arguments
2.4. Identify all negotiating positions and alternative offers
2.5. Utilise effective communication techniques and techniques for dealing with conflict and deadlocks
2.6. Monitor discussions, take notes and fully explore options consistent with objectives/policies
2.7. Seek adjournments where appropriate and take time to consult with others where required
2.8. Confirm agreed position or outcome in writing
3. Finalise and monitor outcomes of negotiations
3.1. Confirm agreement with the relevant authority, document the agreement and file appropriately
3.2. Report to members on outcomes of the negotiations
3.3. Put mechanisms in place to ensure agreement is implemented and implementation is monitored
3.4. Debrief negotiating participants and take follow-up action if required
3.5. Evaluate effectiveness of negotiation against objectives and relevant policies
analytical and research skills to ensure proper preparation for negotiations
communication skills to negotiate effectively
innovation skills to find meaningful ways to deal with a wide range of member issues
problem-solving skills to find ways to deal with blocks to negotiation.
common law rights and obligations
decisions and actions of regional, national and international union organisations and councils
precedents for similar issues/matters
relevant employment agreements, awards and terms, and conditions of employment
relevant legislation relating to industrial relations, vocational education and training, occupational health and safety, discrimination and equal employment opportunity
relevant policies and procedures.
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:
demonstration of negotiations on a range of industrial and other relevant issues, with various stakeholders
preparation of relevant documents to support effective negotiations
knowledge of precedents for similar issues/matters.
Context of and specific resources for assessment
Assessment must ensure:
access to a range of scenarios relevant to the work of the candidate
suitable environment for re-enacting negotiations.
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:
analysis of responses to case studies and scenarios
demonstration of techniques
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 performance in role plays
observation of presentations
oral or written questioning to assess knowledge of relevant policies and procedures
review of position developed for the negotiation
review of notes taken and options explored during the negotiation
evaluation of reports to members on outcomes of the negotiations.
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.
Purpose and objectives of the negotiation may relate to:
awards and agreements
roles and responsibilities
settlement of claims
skills and training issues
terms and conditions of a contract
terms and conditions of employment
workplace health and safety issues
Negotiation style may be:
Relevant precedents could include:
industrial or legal decision/s and interpretations
issues at common law
other workplace/industry disputes and agreements
statutory and industrial rights and conditions
Effective communication techniques refers to:
interpersonal and language style
questioning (use of open or closed questions)
Techniques for dealing with conflict and deadlocks may include:
calling in a third party
clarifying the position of both parties
notifying and undertaking industrial action
preparing a compromise or alternate position
referring back and consulting with members
restating or reframing the position
Workforce Development - Workplace Relations
This unit contains employability skills.