Modification History
Minor editorial corrections to restore original intent to represent contractors rather than contracts, including associated change in unit title
Literacy skills required for completing legal documents and records made more explicit
Equivalent to CPCCBC5007A
Unit Descriptor
This unit of competency specifies the outcomes required to administer the legal obligations of a building or construction contractor, including obligations as either party to a contract. It is concerned with licensing and/or builders' registration and other legislative matters as appropriate, and administering the systems through which the obligations of complying with legislation are fulfilled.
In order to achieve the outcomes for this unit, knowledge of relevant industry legislation, codes, standards, regulations, licensing, employee awards, agreements, OHS, taxation and insurance is required.
Application of the Unit
This unit of competency supports the needs of builders, senior managers within building and construction firms and other construction industry personnel responsible for administering the legal obligations of a building or construction contractor for medium rise projects.
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Nil
Employability Skills Information
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
1 |
Comply with the laws relating to establishing and licensing a building or construction contractor. |
1.1 |
Business registration of the organisation is secured in accordance with owner/operator preferences and legal requirements. |
1.2 |
Approval of licensing and registration as a contractor/supervisor is sought from appropriate government agency. |
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1.3 |
Responsibilities of operating a construction business in accordance with legislation are met. |
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1.4 |
Legal documents and records are kept and carefully maintained. |
2 |
Engage personnel for the project. |
2.1 |
Relevant industrial awards are identified for the hiring of staff or labour. |
2.2 |
Contracts of employment are determined on a case-by-case basis and the principles and legalities of workplace agreements are implemented. |
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2.3 |
Equal opportunity principles are applied in all aspects of recruitment and selection. |
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2.4 |
Procedures for employment termination and redundancy are explained and followed. |
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2.5 |
Dispute resolution processes are established, documented and implemented where necessary. |
3 |
Administer the regulations relating to OHS, welfare, workers' compensation, noise abatement and working hours. |
3.1 |
OHS and Welfare Act provisions are identified and complied with, on and off the site. |
3.2 |
OHS authority is contacted to determine the necessary approvals or permits prior to work commencing. |
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3.3 |
Provisions of Workers Compensation Act are complied with and the rights and responsibilities of workers are observed to ensure a safe workplace. |
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3.4 |
Regulations relating to noise abatement and working hours are adhered to. |
4 |
Implement rehabilitation arrangements for employees returning to work. |
4.1 |
Rehabilitation arrangements for employees returning from injury or illness are facilitated and implemented. |
4.2 |
Workers returning to work after injury or illness are assisted to regain full employment status as soon as practicable. |
5 |
Comply with taxation and insurance requirements of federal, state and territory legislation. |
5.1 |
Taxation payments are recorded, collected and made in compliance with Australian Taxation Office requirements, including GST obligations. |
5.2 |
Insurance policies are identified to provide appropriate cover for personnel, property and project works. |
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5.3 |
Mandatory superannuation provisions are made for employees. |
6 |
Administer all obligations in a conscientious manner and observe fair trading practice. |
6.1 |
Fair trading practice responsibilities are maintained effectively and efficiently. |
6.2 |
Best interests of clients are promoted and undertaken conscientiously in accordance with the agreed contract. |
7 |
Comply with environmental legislation and its intent. |
7.1 |
Renewable materials are used as a primary aim wherever possible over non-renewable materials. |
7.2 |
Low energy materials are used in preference to high energy materials, where practical. |
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7.3 |
Processes to ensure compliance with environmental protection legislation are implemented. |
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
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 effective administration of legal obligations of a building or construction contractor. 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
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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Licensing includes state laws, such as: |
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OHS, welfare, workers' compensation, noise abatement and working hours include: |
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Rehabilitation arrangements for employees returning to work include: |
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Taxation and insurance requirements of state, territory and federal legislation include: |
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Environmental protection legislation includes: |
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Unit Sector(s)
Functional area |
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Unit sector |
Construction |
Custom Content Section
Not applicable.