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Elements and Performance Criteria

  1. Examine legal compliance of business-to-business arrangements.
  2. Establish compliance of current product recall policy and procedures.
  3. Ensure compliance of parties undertaking business transactions.
  4. Ensure compliance with business and contract law.
  5. Analyse application of intellectual property.
  6. Ensure compliance with workplace and safety laws.

Required Skills

Required skills

communication and interpersonal skills to

discuss risk management plan

inform staff of risks associated with recalled products through clear and direct communication

share information

use and interpret nonverbal communication

use language and concepts appropriate to cultural differences

literacy and numeracy skills to

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

interpret language and meaning associated with legislative statutory legal insurance and contractual documents that span national and international contexts

record store and transfer information

research plan analyse and organise information

selfmanagement skills to apply relevant legal principles

Required knowledge

business policy and procedures affecting job role or function

contract validation

information sources on product and supply arrangements for customers

principles relating to intellectual property

product and service warranties

relevant legislation and statutory requirements including

industry codes of practice

work health and safety WHS

Australian consumer law

domestic and international law conventions agreements and legislation

remedies available for breach of contract

reporting requirements

business context both national and international in which the legal insurance rights and contractual sources of information apply

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential

completes tasks associated with management of a business operation in a satisfactory and timely manner and in compliance with legal and legislative requirements

uses relevant legal and statutory rights to protect the business brand and intellectual property

implements and documents product recall procedures for a business operation

describes and complies with legal rules relating to transfer of risk and legal obligations affecting a specific range of business operations including import and export operations

establishes and implements appropriate reporting procedures and recordkeeping systems for a business operation

processes documentation relating to business and legal compliance within a set timeframe

Context of and specific resources for assessment

Assessment must ensure access to

a retail work environment

relevant documentation such as

relevant legislation and statutory requirements

information on the internal and external operating environment

business policy and procedures manuals

information on

business operations

markets

competitors

products and services

suppliers

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

observation of performance in the workplace

thirdparty reports from a supervisor

review of portfolios of evidence

written or verbal questioning to assess knowledge and understanding

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended


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 individual, accessibility of the item, and local industry and regional contexts) may also be included.

Legal oversight systems may include:

Australian Competition and Consumer Commission provisions

contract law

environmental protection, and sustainability

EEO

industry codes of practice

licence, patent or copyright arrangements

WHS

Australian consumer law and fair trading Acts

transport, storage and handling of goods

workplace relations.

Different forms of contract and agreementsmay include or relate to:

common-use arrangements or standing offers

consequences

contracts, including:

contracts as detailed under the Australian consumer law

external contracts

in-house service level agreements

letters of appointment or intent

memorandums of understanding or memorandums of agreement

non-compliance

people contracts

petty cash

purchase orders

trade partners

verbal and written orders.

Financial transactions may include:

cash on delivery (COD)

cheques

credit card transactions

customer account management

customer refunds

deposits

hire-purchase

withdrawals.

Legal requirements for the sale of products and services may include:

industry codes of practice

liquor laws

lottery legislation

WHS

pricing procedures, including GST requirements

sale of second-hand goods

sale of X and R-rated products

tobacco laws

Australian consumer law and fair trading Acts.

Product recallprocedures and guidelines may be developed in consideration of:

approvals obtained

claim procedures on recalled products

consultation with key stakeholders

impact on business relationships and contractual arrangements

insurance issues

legal requirements

organising logistics

reporting compliance

timing

warnings.

Procedures and guidelinesmay include:

customer-specific

documented in hard copy or electronic manuals

implemented at business, team or operational levels

product or service-specific

territory or location-specific.

Relevant personnel may include:

employees

internal or external contacts

relevant managers

supervisors.

Staffmay include:

fulltime, part-time, casual or contract staff

people from a range of cultural, social and ethnic backgrounds

people with a range of responsibilities and job descriptions

people with varying degrees of language and literacy.

Principles related to intellectual property may vary according to:

ability to show ownership

legal and legislative provisions

location, for example, international variations in legal protection

nature of product or service delivery

nature of the product or service

scope of protection sought.

Record may refer to:

asset registers

corporate credit card transaction statements

evaluation process documentation

financial statements

human resources files

invoices and payment requests

offer and contract documents

purchase requests and orders

records of authorised officers’ decisions

records of conversation

records of supplier performance

statements and petty cash vouchers

tender submissions and proposals.

Appropriate channels may include:

informal and formal meetings

presentations

verbal reports

written reports.

Grievances or complaints may be reported by:

customers

management

staff

staff representatives.