Unit of competency Outline
Date retreived
22/07/2026 7:24 AM AWST
22/07/2026 7:24 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.
Advocate and present cases for members
Advocate and present cases for members
Unit of competency
National Code
BSBWRK504A
BSBWRK504A
State Code
D1049
D1049
TGA Status
Deleted
Deleted
DTWD Status
Deleted
Deleted
State Implementation and Classification
Approved Date
10/07/2014
Field of Education
080309 - Industrial Relations
Original Release Date
10/07/2014
Nominal Hours
40
Description
This unit describes the performance outcomes, skills and knowledge required to effectively appear before a tribunal and advocate a key case on behalf of the member/s.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Utilise and promote the legal basis which underpins employment rights and conditions
- 1.1. Apply knowledge of employment rights and conditions in a range of jurisdictions
- 1.2. Ensure legislative and industrial instruments are understood and applied where appropriate
- 1.3. Identify non-compliance with legislative, regulatory or industrial instruments and respond appropriately
2. Use dispute resolution processes for grievances and disputes
- 2.1. Use dispute resolution processes to achieve outcomes
- 2.2. Use dispute resolution powers and procedures strategically
- 2.3. Use dispute resolution processes to respond effectively to employer or respondent applications
- 2.4. Use appropriate tactics to secure the best outcome for the case
- 2.5. Make realistic assessments of case proceedings and alternative options
3. Advocate case before tribunal
- 3.1. Seek to have powers of the tribunal applied according to rules and procedures
- 3.2. Apply order of submissions, including giving opening and final addresses and establishing purpose and key facts
- 3.3. Provide written case outlines and submissions
- 3.4. Employ appropriate techniques for addressing a court or tribunal strategically
- 3.5. Seek adjournments, where appropriate, in a timely manner
- 3.6. Ensure appropriate documentation is tendered in accordance with required rules and procedures
- 3.7. Ensure relevant decisions and precedents are referred to and distinguished appropriately
- 3.8. Ensure issues raised by respondents or tribunal members are addressed, neutralised or rebutted in an articulate way
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 resolution powers and procedures may include:
arbitration
conciliation
mediation
Appropriate tactics may involve:
seeking adjournments to reconsider own position in light of respondent arguments/new evidence
using discovery processes to elicit further information from respondent/employer
using witnesses, including hostile witnesses, to draw out relevant evidence
Appropriate techniques for addressing a court or tribunal include:
delivery, for example, voice, tone, rate of speech and inflection
different styles of questioning
examining witnesses
focusing attention by involving the tribunal
gestures and movements
listening
mannerisms
oral submissions
rebutting submissions or evidence
use of appropriate protocol in addressing tribunal members and other representatives
use of humour or other tactics
use of notes
verbal arguments
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 resolution powers and procedures may include:
arbitration
conciliation
mediation
Appropriate tactics may involve:
seeking adjournments to reconsider own position in light of respondent arguments/new evidence
using discovery processes to elicit further information from respondent/employer
using witnesses, including hostile witnesses, to draw out relevant evidence
Appropriate techniques for addressing a court or tribunal include:
delivery, for example, voice, tone, rate of speech and inflection
different styles of questioning
examining witnesses
focusing attention by involving the tribunal
gestures and movements
listening
mannerisms
oral submissions
rebutting submissions or evidence
use of appropriate protocol in addressing tribunal members and other representatives
use of humour or other tactics
use of notes
verbal arguments
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:
demonstrated ability to prepare for and advocate an effective case before a tribunal
demonstration of a range of dispute resolution approaches that would apply to union member grievances and disputes
knowledge of relevant court and tribunal etiquette, rules and procedures.
Context of and specific resources for assessment
Assessment must ensure:
an actual or simulated tribunal environment
access to relevant documents.
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:
direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate
review of documented assessments of case proceedings and alternative options
demonstration of techniques
observation of demonstrated techniques in advocating a case before a tribunal
oral or written questioning to assess knowledge of legislation and industrial relations
review of written case outlines and submissions.
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 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:
demonstrated ability to prepare for and advocate an effective case before a tribunal
demonstration of a range of dispute resolution approaches that would apply to union member grievances and disputes
knowledge of relevant court and tribunal etiquette, rules and procedures.
Context of and specific resources for assessment
Assessment must ensure:
an actual or simulated tribunal environment
access to relevant documents.
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:
direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate
review of documented assessments of case proceedings and alternative options
demonstration of techniques
observation of demonstrated techniques in advocating a case before a tribunal
oral or written questioning to assess knowledge of legislation and industrial relations
review of written case outlines and submissions.
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.
Replaces
| State Code | National Code | Title | Type |
|---|---|---|---|
| C7102 | BSBUN504A | Advocate and present cases for members | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| D180 | BSB51807 | Diploma of Unionism and Industrial Relations | Qualification |