Unit of competency Outline

Date retreived
23/07/2026 10:18 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Prepare for and participate in dispute resolution

Prepare for and participate in dispute resolution

Unit of competency
National Code
BSBWRK409A
State Code
D1044
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
10/03/2009
State Implementation and Classification
Approved Date
22/06/2011
Field of Education
080309 - Industrial Relations
Original Release Date
22/06/2011
Nominal Hours
40
Description
This unit describes the performance outcomes, skills and knowledge required to prepare for and participate in a dispute resolution process including a dispute over the application of terms and conditions of employment or bargaining. It covers preparation of a case, participation in a dispute resolution process and the process of appearing before a tribunal or body to assist in the resolution of the dispute.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Prepare for dispute resolution
  • 1.1. Establish facts and issues surrounding the dispute
  • 1.2. Analyse key strengths and weaknesses of own and opposing case
  • 1.3. Determine and analyse dispute resolution process to be applied
  • 1.4. Identify evidence that can be used to support own case
  • 1.5. Make an assessment of realistic outcomes that may be achieved and agree on objectives for participating in the processes
  • 1.6. Develop an appropriate strategy to deal with the dispute through agreed or established processes
  • 1.7. File appropriate documentation in accordance with the agreed procedure and/or tribunal requirements
2. Participate in dispute resolution processes
  • 2.1. Present an outline of position to support own case and respond to and/or rebut opposing arguments
  • 2.2. Identify common areas of agreement, seek to minimise areas of disagreement and achieve an outcome that will align with your objective/s
3. Reach an outcome to dispute resolution
  • 3.1. Use communication techniques to put forward options for resolution of the dispute
  • 3.2. Seek agreement on identified options that are consistent with own objectives
  • 3.3. Consult with appropriate parties over authority to reach agreement on particular options
  • 3.4. Refer to appropriate tribunal/person in accordance with the dispute resolution process where agreement cannot be reached
  • 3.5. Clarify agreement or withdraw from dispute resolution process
4. Evaluate and review outcome against objectives
  • 4.1. Report back to members and union on outcomes
  • 4.2. Review outcome with members and union against objectives
  • 4.3. Review dispute resolution processes for effectiveness
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.
Dispute may relate to:
bargaining dispute
grievance under an award or agreement
term of legislation, award or agreement
Dispute resolution processes may include:
agreed dispute resolution processes
dispute resolution processes in workplace agreements
model dispute resolution processes
Evidence may include:
custom and practice
documented interviews
precedents
relevant policies
statements
Communication techniques may include:
active and involved listening, reframing, summarising, reflecting, clarifying, paraphrasing
body language
interpersonal and language style
problem solving
questioning (use of open or closed questions)
EVIDENCE GUIDE
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:
documented case relating to an individual grievance, workplace dispute or related matter, with supporting evidence of how facts were gathered and analysed, and the process that occurred to achieve a resolution
analysis of the roles of the parties involved in the dispute and the effectiveness of strategies used in the dispute resolution
knowledge of common law rights and obligations.
Context of and specific resources for assessment
Assessment must ensure:
access to a range of documents relating to a dispute.
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
assessment of analysis of key strengths and weaknesses of own and opposing case
review of documentation outlining position to support own case and responding to and/or rebutting opposing arguments
review of how outcomes were reported back to members and union.
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.
Replaced By
State Code National Code Title Type
AUM34 BSBWRK409 Prepare for and participate in dispute resolution Unit of competency
State Code National Code Title Type
D161 BSB41807 Certificate IV in Unionism and Industrial Relations Qualification