Intended Audience
Industrial and Legal Officers Delivery Mode
Face-to-face Duration
5 days Cost
$1,342
About
This course caters to officials who need to present matters to the Fair Work Commission or other industrial tribunals. You will learn a step-by-step approach that will provide guidance at every stage of the process, from initial research to presenting, ensuring you will be the most effective advocate possible.
The course, focused on practical outcomes, culminates in a mock arbitration hearing before a member of the Fair Work Commission, where you can put everything you’ve learnt into practice.
Outcomes
By the end of this course, participants should be able to: - Identify the areas in which Fair Work Commission can arbitrate
- Identify matters that can be taken to the State and Federal Magistrates Courts
- Identify the elements and structure of a contested case
- Identify the steps of a sound and thorough research process
- Apply a framework to identify information requirements
- Strategically and effectively question a witness both in examination in chief and cross examination
- Build a coherent, consistent and convincing argument
- Present a submission to a member of the Fair Work Commission or other industrial tribunal
Content
Jurisdiction and deciding which action to take
Explores the importance of choosing the most appropriate jurisdiction and action for a matter. Participants are encouraged to think creatively and consider a range of actions to assist members with grievances
The Proof Making Model
The Proof Making Model is introduced as a way of thinking about industrial matters, investigating member concerns, providing advice to members and as a core tool for case preparation
Dispute settlement under the Fair Work Act 2009
Develop understanding of the dispute resolution jurisdiction of the Fair Work Commission and the requirements that must be met to take a dispute to the FWC
Negotiation and Conciliation
Distinguishes between conciliation and arbitration, conferences and hearings. Strategic choices about progressing a matter to conciliation or arbitration and developing and implementing a strategy and plan for a conciliation
Precedent and legal research
Develops participants understanding of how to use precedent decisions to give force to and ensure their arguments are legally correct
Evidence
Know how to obtain orders to attend and orders to produce in the FWC, and to understand the basic rules of evidence as applied in industrial tribunals, to lead appropriate evidence and to be able to make, and understand, objections
Submissions
Familiarise participants with how to prepare opening and closing statements, draft orders, outlines of submission and written submissions
Witness statements and preparing a witness for hearing
Draft witness statements that contain admissible evidence and prepare a witness for hearing and support a witness through the hearing process
Witness Examination
Understand and apply techniques for the examination of witnesses within the Fair Work Commission
Delivery Style
This course will draw on participants’ work and life experiences, making learning relevant and engaging and using a range of methods including video, discussion, slides, and group work.
This course culminates in a mock trial held at the Fair Work Commission, which is recorded for participants’ reflection.
Prerequisite
Industrial Foundations and Bargaining and Negotiations
(or equivalent experience)
