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Elements and Performance Criteria

  1. Manage compliance with laws relating to establishing and licensing of a building contractor.
  2. Manage relationships on legal matters.
  3. Manage the administration of regulations relating to OHS and welfare, workers' compensation, noise abatement and working hours.
  4. Manage company compliance with taxation and insurance requirements of federal, state and territory legislation.
  5. Manage organisational obligations and observe fair trading practice.
  6. Manage compliance with environmental legislation.

Required Skills

Required skills

Required skills for this unit are

communication skills to

enable clear and direct communication using questioning to identify and confirm requirements share information listen and understand

communicate with clients

provide information and training to staff

read and interpret legislation contracts and other relevant documentation

use and interpret nonverbal communication

use language and concepts appropriate to cultural differences

written skills to maintain records

conceptualisation and envisaging of unique solutions to complex problems and situations

facilitation skills to implement new and modified contract management systems

interpretation of strategic and often ambiguous information to ensure logical and practical decisions

management skills including the ability to delegate tasks within specific functional guidelines and direct the activities of personnel involved in the contracts management process

supervisory skills to monitor and oversee the performance of the contract management systems and individuals involved in the process

technological skills to facilitate use of the organisations software and office equipment

Required knowledge

Required knowledge for this unit is

appropriate sector of the building and construction industry and the nature of the contracts upon which its activities are based

factors to be considered in assessing the risk inherent in different types of building and construction projects

financial and business administration principles commensurate with organisational needs

human resource practices and the industrys industrial relations climate and practices

legislative regulatory and administrative obligations incumbent on the building and construction industry for OHS environmental employment and financial practices

Evidence Required

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 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 projectbased 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

implement an effective contract management and monitoring system supported and directed by strong and decisive leadership

implement management practices that result in a high level of staff productivity

interact effectively with personnel both within and external to the organisation

develop conceptual and strategic problem solving and systems

communicate effectively both verbally and in writing with senior management employees clients regulatory authorities and legal representatives

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 offsite context

Assessment is to comply with relevant regulatory or Australian standards requirements

Resource implications for assessment include

documentation normally available in either a building or construction office

relevant codes standards and regulations

office equipment including calculators photocopiers and telephone systems

computers with appropriate software to view D CAD drawings run costing programs and print copies

a technical reference library with current publications on measurement design building construction and manufacturers product literature

copies of appropriate awards and workplace agreements

a suitable work area appropriate to the construction process

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

satisfy the endorsed Assessment Guidelines of the Construction Plumbing and Services Training Package

include direct observation of tasks in real or simulated work conditions with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments

Validity and sufficiency of evidence requires that

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision on competency only taken at the point when the assessor has complete confidence in the persons demonstrated ability and applied knowledge

all assessment that is part of a structured learning experience must include a combination of direct indirect and supplementary evidence

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.

Laws relating to establishing and licensing of a building contractor include state laws such as:

Builders Registration Act 1939 and the Home Building Contracts Act 1991 in Western Australia

Home Building Act and Regulations 1989 in New South Wales.

Regulations include:

federal, state or territory environmental protection legislation

local government Acts and the by-laws derived from them

state and federal industrial relations legislation

state codes of practice applicable to the various regulations

state laws, such as the Workers Compensation and Rehabilitation Act 1981 in Western Australia

state OHS legislation and regulations.

Legal obligations with regard to insurance and taxation include:

appropriate business and project insurances

Fringe Benefits Tax Act 1986

Goods and Services Tax Act 1999

Income Tax Assessment Act 1987

Insurance Contracts Act 1984

pay-as-you-go (PAYG) taxes

payroll tax

stamp duty

workers' compensation.