Modification History
Not Applicable
Unit Descriptor
Unit descriptor |
This unit of competency specifies the outcomes required to advise on or resolve business disputes that may arise in the course of activities in residential and commercial contracting projects. Dispute resolution procedures may be applied as one of the disputing parties or as an independent party. |
Application of the Unit
Application of the unit |
This unit of competency supports the needs of builders, site managers and forepersons, estimators, managers and other construction industry personnel responsible for ensuring that business disputes are resolved in a positive manner. |
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. Develop and implement dispute resolution procedures. |
1.1. Established business dispute resolution procedures are reviewed and implemented as appropriate. 1.2. Business dispute resolution procedures are developed where required and documented, and agreement to procedures is secured from all parties. 1.3. Recording procedures are established and provision for record keeping is made. 1.4. External arbitrators or conciliators are identified for consultation when disputes cannot be resolved internally. |
2. Conduct an initial investigation into business disputes and possible resolution strategies. |
2.1. Nature and cause of business disputes are identified and documented. 2.2. Parties to dispute are identified and approached individually, and the issues are clarified and documented. 2.3. Solutions based on an examination of the information collected and with reference to contractual arrangements are suggested. |
3. Identify opportunities for dispute resolution. |
3.1. Efforts are made to bring the disputing parties together. 3.2. Where necessary, external arbiters or conciliators are consulted. 3.3. Relevant statutory laws are identified, applied and followed. 3.4. Disputes are resolved in accordance with common law. |
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:
|
Required knowledge |
Required knowledge for this unit is:
|
Evidence Guide
EVIDENCE GUIDE |
|
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. |
|
Overview of assessment |
This unit of competency could be assessed by developing a set of dispute resolution procedures and demonstrating how these would apply to a selection of disputes. 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:
|
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 |
|
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. |
|
Dispute resolution procedures include: |
|
Cause of business disputes includes: |
|
Unit Sector(s)
Unit sector |
Construction |
Co-requisite units
Co-requisite units |
Nil |
Functional area
Functional area |