Unit of competency Outline

Date retreived
22/07/2026 3:07 PM AWST

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Manage compliance with workplace relations legislation

Manage compliance with workplace relations legislation

Unit of competency
National Code
PSPWPR502A
State Code
D3724
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
View on TGA
State Implementation and Classification
Approved Date
07/07/2014
Field of Education
120505 - Work Practices Programmes
Original Release Date
07/07/2014
Nominal Hours
55
Description
This unit covers the ability to administer and manage compliance with workplace relations legislation and provide consultation and advice to those with this responsibility. It includes evaluating workplace conditions and entitlements to assess compliance or non-compliance with relevant workplace relations legislation, examining issues of non-compliance, and selecting strategies that could be implemented to contribute to compliance. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Assess compliance of workplace conditions and entitlements with workplace relations legislation
  • 1.1. Current, relevant workplace relations legislation and guidance information are accessed and interpreted.
  • 1.2. Workplace conditions and entitlements are evaluated and factors that may constitute non-compliance with workplace relations legislation are identified.
  • 1.3. Information that will assist in the assessment of a potential or possible breach is gathered and recorded as necessary.
  • 1.4. Potential or possible breaches of legislation and possible outcomes and courses of action are identified and referred to appropriate persons for timely action.
  • 1.5. Assessment of potential or possible breach is recorded and reported according to organisational and legislative requirements.
2. Review non-compliant workplace conditions and entitlements and propose resolution strategies
  • 2.1. Information that assists in the assessment of non-compliance is gathered from advisory materials, stakeholders and workplace documents and recorded according to organisational policies and procedures.
  • 2.2. Information is reviewed and compared to workplace relations legislative requirements to assess non-compliance.
  • 2.3. Urgency of non-compliance resolution is assessed and priority allocated to enable timely and effective action.
  • 2.4. Strategies for resolving non-compliant factors of workplace conditions and entitlements are suggested or sought from appropriate persons.
  • 2.5. Participation in and contribution to resolution of non-compliance is made according to organisational procedures.
  • 2.6. Records and reports are completed and processed according to organisational and legislative requirements.
3. Contribute to compliance with workplace relations legislation
  • 3.1. Compliance requirements of workplace relations legislation are communicated to relevant persons to confirm understanding and ensure consistency of interpretation and application.
  • 3.2. Potential consequences of non-compliance with workplace relations legislation are conveyed using language and examples suited to individual needs.
  • 3.3. Practices that may contribute to non-compliance are identified and addressed.
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 relations legislation and guidance information may include:
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)
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
Workplace conditions and entitlements may include:
maximum weekly hours of work
leave, including:
annual leave
parental leave and related entitlements
personal/carer's leave and compassionate leave
community service leave
long service leave
requests for flexible working arrangements
public holidays
notice of termination and redundancy pay
minimum wages
any other conditions or entitlements contained in industrial instruments, legislation or employment contracts
Advisory materials may be sourced from:
organisational knowledge sources, such as computer databases
training manuals and modules
appropriate websites
Stakeholders may include:
employees
employers
interested third parties
trainees and apprentices
employee representatives
employer representatives
union representatives
employer associations
government departments
Workplace documents may include:
contracts
knowledge articles
written advice
memos
bulletins
organisational policies and procedures
guides
modules
time and wage records
rosters
manuals
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:
interpret and communicate workplace relations information to diverse stakeholders
identify and assess potential breaches of workplace relations legislation
research specific details of workplace relations legislation
participate in resolution of workplace relations non-compliance issues.
Consistency in performance
Competency should be demonstrated by managing, or providing consultation to the management, on a range of workplace relations non-compliance issues in a variety of contexts.
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:
conditions and entitlements
types of industrial instruments
common non-compliance issues and strategies for resolution
observation of the candidate assessing a variety of non-compliance issues and proposing options for resolution
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.
Replaced By
State Code National Code Title Type
AWV30 PSPGEN072 Manage compliance with workplace relations legislation Unit of competency