Purpose

The purpose of this policy is to provide a clear and fair process for resolving disputes related to Skills Insights work on training packages.

Policy Statement

This policy ensures an effective process is in place to manage and resolve training package disputes should they arise.

Skills Insight staff understand that by implementing steps contained within the Collaboration and Consensus Policy, most disputes can be prevented.

Relationship to Other Policies

This policy should be read in conjunction with the following codes, policies and guidelines:

  • Collaboration and Consensus Policy
  • Stakeholder Dispute Resolution Policy
  • Complaints Management Policy
  • The Jobs and Skills Councils Code of Conduct and Program Guidelines
  • Bullying and Harassment Policy
  • The Training Package Operating Framework
  • Skills Insight Governance guidance including Board performance; Financial delegation; Conflict of Interest; and Gifts Policies
  • Technical Committee Terms of Reference
  • Code of Conduct and Practice
  • Privacy Policy

Principles

In managing training package disputes, Skills Insight will adhere to the following principles:

Fairness 

  • All parties involved in a dispute will be treated fairly and with respect
  • All viewpoints will be considered with empathy and courtesy
  • Skills Insight will remain committed to resolving the issue
  • Information will be handled sensitively and carefully

Confidentiality

  • All information related to a dispute will be kept confidential, except where disclosure is required by the Department of Employment and Workplace Relations (DEWR) or by law

Timeliness: 

  • Skills Insight will resolve disputes early, using resources efficiently to limit the scope of the dispute
  • Skills Insight will be responsive throughout the dispute resolution process

Transparency: 

  • The process for resolving disputes will be transparent and communicated clearly to all parties involved
  • Skills Insight will keep accurate records in relation to the dispute, some of which may need to be provided DEWR or others as evidence of the processes used
  • Skills Insight understands that transparency throughout the dispute resolution process builds stakeholder confidence and understanding in the work of our JSC

Background – training packages

Skills Insight is responsible for ensuring that the training package products it develops meets TP quality standards and reflect the needs of industry and stakeholders.

The incorporation of feedback from stakeholders to produce a final product that reflects broad consensus.

The Department of Employment and Workplace Relations reviews training package products developed by JSCs via the Training Package Assurance Body (Assurance Body).

The Assurance Body is led by a non-statutory Executive Director in a different area of the department from the management of JSCs and ensures that training package products are compliant with training package product development rules.

This is done by:

  • undertaking assessments of training package products against technical elements of the national standards and policy
  • educating, engaging and consulting with JSCs on common issues.

Training package products submitted by JSCs are assessed by the Assurance Body against the Training Package Organising Framework (TPOF).

The framework includes:

Standards for Training Packages (‘the Standards’)

Training Package Products Policy (TPPP)

Training Package Products Development and Endorsement Process Policy (TPPDEPP)

For further information on the training package development process, please see Appendix 1 – Training Package Development Process.

Training Package Dispute Resolution Process

Even with the implementation of our Collaboration and Consensus Policy, it is recognised that disputes may arise.

To address this situation, Skills Insight may engage an Alternative Dispute Resolution (ADR) practitioner to assist in the resolution of the dispute.

Criteria for initiating ADR process

The following criteria should be used to decide whether to engage an ADR practitioner:

  1. Skills Insight makes a judgement that broad consensus cannot be reached, such that this is likely to impact stakeholder confidence in the training product
  2. There is significant concern by one or more major stakeholders, such that this is impacting confidence in the training product
  3. There is significant concern by one or more regulators, including licensing bodies, such that the training product may not be able to be relied upon to meet relevant regulation
  4. There is significant concern by the Commonwealth or one of more states or territories, such that the training product could not be supported by jurisdiction
  5. The Skills Insight Board cannot agree on elements of the training product

Step 1 – Develop A Dispute Brief

To ensure a successful dispute resolution process, Skills Insight should prepare a brief for an external ADR practitioner, including:

  • the reason why ADR is required
  • the issue or issues in dispute
  • the timeframe for the ADR process (up to a maximum of 2 months)
  • any considerations of relevance to an ADR practitioner
  • contact details of the key stakeholders that may be able to contribute further information
  • relevant documents (including the outcomes of previous consultation in relation to the issues in contention)
  • the format Skills Insight will expect outcomes to be captured in (e.g. recommendations, reasoning)
  • timeframe (2 months maximum)
  • the budget for the ADR process.

Step 2 – Select An ADR Practitioner

The ADR practitioner should:

  • be accredited in mediation and/or conciliation
  • be independent (not having an actual or perceived conflict of interest in relation to Skills Insight or the training product or the issue in dispute)
  • ensure all parties are heard, consider all submissions and viewpoints, and uphold natural justice
  • be familiar with VET but need not be an industry expert or representative

Step 3 – Public Notification

Skills Insight should make a public notification on its website that an ADR process has been

triggered. This public statement should include the following details:

  • that an ADR process has been triggered
  • the reason that an ADR process has been triggered
  • the party who triggered the ADR process (being either Skills Insight, or the Commonwealth, or a state or territory)
  • the issues in contention
  • an indicative timeframe for the ADR process

Step 4 – Consider Recommendations & Make Decision

Skills Insight will consider the ADR practitioner’s recommendations and use them to make an informed decision about how to settle the training product content.

Recommendations are not determinative and will not be binding on Skills Insight or on the stakeholders spoken with as part of the ADR process.

Step 5 – Report Outcomes

The final decision made about the training product should be reported back to stakeholders. The outcomes of the ADR process should be included in feedback.

The final training product is submitted to the Assurance Body for consideration.

Step 6 – Skills Ministers Endorsement

The final step in the process is for the Skills Ministers to endorse the training product.

*Skills Insight is required to keep accurate records throughout the ADR process, some of which may need to be provided DEWR or others as evidence of the processes used.

*This process is aligned to DEWR’s Training Package Products and Endorsement Process Policy.

Feedback and Amendments

Organisations change over time, and as a result, their policies must also adapt accordingly. If you identify any aspect of this policy that requires adjustment or updating, please reach out to the Executive who will follow a policy review process as endorsed by the CEO

Appendix 1