Modification History
Not Applicable
Unit Descriptor
Unit descriptor |
This unit of competency specifies the outcomes required to manage the processes for and legal obligations of a building or construction contract in an organisation involved in either residential or commercial contracting projects. It supports the establishment of a soundly based contract management system necessary to produce accurate and successful project outcomes in accordance with organisational guidelines. |
Application of the Unit
Application of the unit |
This unit of competency supports builders, project managers and related construction industry professionals responsible for coordinating and managing residential or commercial building or construction projects. |
Licensing/Regulatory Information
Not Applicable
Pre-Requisites
Prerequisite units |
Nil |
Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Manage compliance with laws relating to establishing and licensing of a building contractor. |
1.1. Company employees are aware of and comply with requirements of laws relating to establishing and licensing of a building contractor. 1.2. Company takes necessary steps to obtain the necessary building or construction licenses. 1.3. Changes to licensing arrangements are identified and responded to in a timely manner. 1.4. Staff members are advised of the consequences of non-compliance with relevant legal obligations. |
2. Manage relationships on legal matters. |
2.1. Processes are introduced and managed which enable the company to obtain such legal advice as may be required in relation to particular contracts. 2.2. Systems are introduced and managed through which legal interpretations of contract clauses or clauses within tender documents may be obtained before submission of the tender. 2.3. Mechanisms for dialogue are established and managed between the company and the client to improve communication and facilitate conciliation. |
3. Manage the administration of regulations relating to OHS and welfare, workers' compensation, noise abatement and working hours. |
3.1. Administration systems that facilitate the organisation conforming to its obligations and regulations under OHS and welfare, workers' compensation, noise abatement and working hours, are developed and managed. 3.2. Records demonstrating organisational compliance with legal obligations are maintained and managed. 3.3. Administrative guidelines and facilities for the proper and secure storage of organisational legal documentation are established and managed. |
4. Manage company compliance with taxation and insurance requirements of federal, state and territory legislation. |
4.1. Systems that support and maintain organisational capacity to meet legal obligations with regard to insurance and taxation are instigated and managed. 4.2. Personnel receive appropriate training and instruction in matters relating to insurance and taxation and are made aware of their responsibilities. |
5. Manage organisational obligations and observe fair trading practice. |
5.1. Practices and policies are developed and implemented which facilitate the organisation meeting its obligations to its clients, subcontractors and employees. 5.2. Codes of conduct are established and enforced for all employees and subcontractors. 5.3. Remedial action is taken where evidence of non-compliance with fair trading principles is identified. |
6. Manage compliance with environmental legislation. |
6.1. Mechanisms to gather information in relation to the organisational environmental management plan are established and managed. 6.2. Supply and removal of subcontract works and materials are managed and subject to constant scrutiny to ensure compliance with environmental standards. 6.3. Changes to legislation or environmental requirements are recorded and organisational activities and systems altered to ensure ongoing compliance. |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the skills and knowledge required for this unit. |
Required skills |
Required skills for this unit are:
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Required knowledge |
Required knowledge for this unit is:
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Evidence Guide
EVIDENCE GUIDE |
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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. |
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Overview of assessment |
This unit of competency could be assessed by the development and implementation of policies, practices and administrative measures which ensure an organisation meets its legal obligations in a timely manner. This unit of competency can be assessed in the workplace or a close simulation of the workplace environment, provided that simulated or project-based assessment techniques fully replicate construction workplace conditions, materials, activities, responsibilities and procedures. |
Critical aspects for assessment and evidence required to demonstrate competency in this unit |
A person who demonstrates competency in this unit must be able to provide evidence of the ability to:
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Context of and specific resources for assessment |
This competency is to be assessed using standard and authorised work practices, safety requirements and environmental constraints. Assessment of essential underpinning knowledge will usually be conducted in an off-site context. Assessment is to comply with relevant regulatory or Australian standards' requirements. Resource implications for assessment include:
Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support. |
Method of assessment |
Assessment methods must:
Validity and sufficiency of evidence requires that:
Assessment processes and techniques should as far as is practical take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed. Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties, such as existing supervisors, team leaders or specialist training staff. |
Range Statement
RANGE STATEMENT |
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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. |
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Laws relating to establishing and licensing of a building contractor include state laws such as: |
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Regulations include: |
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Legal obligations with regard to insurance and taxation include: |
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Unit Sector(s)
Unit sector |
Construction |
Co-requisite units
Co-requisite units |
Nil |
Functional area
Functional area |