Advocacy

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)

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