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Unit of competency details

CPPSEC4023 - Implement contracting arrangements for security businesses (Release 1)

Summary

Usage recommendation:
Current
Release Status:
Current
Releases:
ReleaseRelease date
1 1 (this release) 30/Sep/2019

Companion volumes:
Unit of competency Assessment requirements

Delivery:
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Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 080309 Industrial Relations  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 080309 Industrial Relations  07/Nov/2019 
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Unit of competency

Modification History

Release 1

This version first released with CPP Property Services Training Package Release 9.0.

New unit.

Application

This unit specifies the skills and knowledge required to implement contracting arrangements to supply and obtain security services. It includes understanding the difference between direct employees and independent contractors and complying with fair work legislation when developing and implementing contractor agreements that ensure contractors receive correct and fair pay and conditions and security services contract terms specify sub-contractor approvals, costs, indemnities, supervision, management, reporting and record-keeping accountabilities.

This unit is suitable for those using specialised knowledge to complete routine and non-routine tasks and using their own judgement to deal with predictable and sometimes unpredictable problems.

Legislative, regulatory or certification requirements apply in some states and territories to the provision of advice on security solutions, strategies, protocols and procedures. For further information, check with the relevant regulatory authority.

Pre-requisite Unit

None.

Unit Sector

Security/Risk management

Elements and Performance Criteria

Elements describe the essential outcomes.

Performance criteria describe what needs to be done to demonstrate achievement of the element.

1

Confirm security contractor employment requirements.

1.1

Clarify requirements to comply with fair work legislation when employing workers for a security business.

1.2

Conduct research to clarify the difference between direct employees and independent contractors and Australian Business Number holders under common law.

1.3

Source and confirm current pay rates, allowances, penalty and overtime rates for security workers.

1.4

Collate and summarise findings in a format suitable for use as a reference tool.

2

Engage in contracting to supply and obtain security services.

2.1

Clarify nature, scope and regulatory requirements for security services to be contracted.

2.2

Source potential contractors and check to confirm they meet security licencing requirements for specified security services.

2.3

Conduct due diligence and background checks to identify and select quality contractors and mitigate risk to security business.

2.4

Analyse proposal and contract documentation to clarify employment relationship with contractors.

2.5

Consult with relevant persons to agree employment terms that ensure contractors receive correct and fair pay and conditions in accordance with fair work legislation.

2.6

Confirm security services contract terms and include clauses that clearly specify sub-contractor approvals, costs, indemnities, supervision, management, reporting and record-keeping accountabilities.

2.7

Arrange signing and exchange of security service contract between parties to the agreement.

3

Monitor and review security contracting practices.

3.1

Regularly monitor security contractor arrangements to ensure compliance with terms of security services contract and regulatory requirements.

3.2

Monitor contractor records to promptly identify changes to services or contractor arrangements that represent potential breaches of contract or regulatory compliance.

3.3

Consult with relevant persons to clarify security services and contracting arrangements and take required actions to maintain compliance with regulatory requirements.

3.4

Complete and secure all contracting documentation and records in a manner that facilitates future retrieval, compliance audits and ensures confidentiality and privacy.

Foundation Skills

As well as the foundation skills explicit in the performance criteria of this unit, candidates require:

  • oral communication skills to negotiate employment terms and conditions
  • numeracy skills to calculate pay rates and allowances based on work classifications, shifts and hours of work.

Unit Mapping Information

No equivalent unit.

Links

Companion volumes to this training package are available at the VETNet website - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=6f3f9672-30e8-4835-b348-205dfcf13d9b

 

Assessment requirements

Modification History

Release 1

This version first released with CPP Property Services Training Package Release 9.0.

New unit.

Performance Evidence

To demonstrate competency, a candidate must meet the performance criteria of this unit by implementing contracting arrangements for a security business, involving:

  • develop and present a labour hire agreement to contract security services to a client
  • develop and present an agreement to employ a minimum of two independent contractors, one of which will perform a multishift roster involving seven days and weekend and night work.

Knowledge Evidence

To be competent in this unit, a candidate must demonstrate knowledge of:

  • legislative and regulatory requirements associated with operating security businesses:
  • client service standards
  • Fair Work Act 2009 (FW Act) and Fair Work Regulations 2009
  • licensing in the security industry
  • privacy
  • superannuation guarantee
  • taxation
  • compliance audit requirements for the jurisdiction of operation
  • current security services industry award pay rates, classifications and allowances
  • definition of ‘sham contracting’ and legal ramifications of participating knowingly or unknowingly in illegal contracting arrangements when engaging independent contractors for security services
  • elements of a contract:
  • offer and acceptance
  • intention to create legal relations
  • consideration
  • legal capacity
  • general taxation and superannuation obligations of Australian Business Number (ABN) holders who are contracted to provide security services
  • methods for determining whether an employed person is an employee or a contractor
  • negotiation techniques
  • potential risks to security businesses who engage in contracting arrangements for security services
  • purpose and techniques for conducting due diligence and background checks of contractors providing security services
  • requirements of the FW Act associated with contracting arrangements for security services:
  • section 550 and accessorial liability for underpayments
  • employment records required to be kept
  • employment conditions for direct employees and independent contractors or ABN holders
  • factors that are indicative of an employee
  • factors that are indicative of an independent contractor
  • sub-contractor approval requirements for multi-level contracting of security services
  • types of behaviours considered unethical when engaging in contracting arrangements for security work.

Assessment Conditions

Assessors must meet the requirements for assessors contained in the Standards for Registered Training Organisations.

All individuals engaged by a licensed RTO for security licensing purposes must hold both a security trainers licence (where such a licence exists within the relevant jurisdiction) and the licence for performing the security activities for which the individual is providing training or assessment. Regulators may impose other assessor conditions to meet jurisdictional assessment requirements.

Assessment must be conducted in the workplace or in a simulated workplace environment. Candidates must have access to:

  • security industry and fair work legislation and regulations that apply to contracting arrangements for security businesses in the jurisdiction of operation
  • documentation, information technologies and resources required to achieve the performance evidence.

Links

Companion volumes to this training package are available at the VETNet website - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=6f3f9672-30e8-4835-b348-205dfcf13d9b

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