Element

Performance Criteria

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.

1. Determine legal structure of the business.

1.1.Examine legal options for the most suitable type of business structure.

1.2.Investigate legal rights and responsibilities of the business to ensure business is adequately protected under legal and legislative provisions.

1.3.Confer with relevant business partners, business principles, franchisors and funders to inform final decision regarding business structure.

1.4.Seek legal and accounting expertise as required to inform final decision regarding business structure.

1.5.Compile and prepare documentation for lodgement to register the business entity with appropriate corporate regulator according to business owner’s wishes.

2. Monitor compliance with statutory and regulatory requirements.

2.1.Confirm statutory and regulatory requirements affecting the operations of the business and take appropriate steps to ensure full compliance.

2.2.Determine insurance requirements and acquire adequate cover to ensure risk minimisation.

2.3.Monitor the establishment and performance of contracts to ensure compliance and the fulfilment of rights and obligations.

2.4.Maintain and update legal documents and relevant records according to security and access requirements.

3. Secure rights to products and services.

3.1.Secure information on purchase rights to products and services and ensure full understanding of their implications.

3.2.Establish cost of procurement rights to products and services, including ongoing financial planning.

3.3.Confirm rights and responsibilities applying to the use of products and services from the wholesaler to ensure accurate information is communicated to customers.

3.4.Determine brand ownership and protection rights.

3.5.Secure contractual procurement rights to provide optimal conditions for procurement of products and services.

Required skills

literacy and numeracy skills to:

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

interpret basic documents of a statutory, legal and contractual nature within a business context

record, store and transfer information

planning and organising skills to research, plan, analyse and organise information

Required knowledge

business policy and procedures affecting job role or function

community and consumer representative groups

concepts of ownership of products, concepts, technology and ideas

confidentiality and security requirements

financial reporting and accounting

information sources on product and supply arrangements for customers

key regulatory organisations and bodies

legal rights and responsibilities of different business structures

legal structures of businesses

relevant legislation and statutory requirements, including:

industry codes of practice

work health and safety (WHS)

Australian consumer law

service and consumer rights and business obligations

sources of legal and technical expertise and advice

statutory and approval processes

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:

identifies, analyses and describes a range of basic business structures

accesses and interprets a range of relevant legal and technical advice on operational matters

determines and formally details the compliance of existing business operations with legal and legislative requirements

confirms and describes the rights of consumers, covering a range of service and product delivery scenarios for a business

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

Context of and specific resources for assessment

Assessment must ensure access to:

a retail work environment

relevant documentation, such as:

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

third-party 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.

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.

Business structure:

may vary according to:

confidentiality considerations

franchise arrangements and structures

preferences of owners

requirements of funding bodies

superannuation considerations

taxation considerations

may be established as a:

incorporated company

partnership

sole trader (also known as a ‘single proprietor’)

trust.

Legal and legislative provisions may include:

Australian Competition and Consumer Commission provisions

contract law

emergency procedures

environmental protection legislation

equal employment opportunity (EEO) and antidiscrimination law

franchise agreements

industry codes of practice

licence, patent or copyright arrangements

WHS

taxation law, including registration for the GST

Australian consumer law and fair trading Acts

transport, storage and handling of goods

workers’ compensation

workplace relations.

Statutory and regulatory requirementsmay vary in relation to:

business merchandise range

characteristics of specific products or services

size, type and location of business

types of products and services provided

varying levels of staff training

worksite specific context, variations and environments.

Insurance requirements vary according to:

intended use of products or services

location of market and business

types of products and services provided.

Rights and obligations may be determined by consulting internal or external experts in areas, such as:

economics

finance and accounting

insurance

law

probity

technical and scientific

trade.

Recordsmay be:

electronic

manual.

Sources ofinformation may be:

direct or indirect

electronic or hard copy

feedback

nonverbal communication

verbal communication, including:

face-to-face

radio

telephone

written instructions and communication, such as:

data exchange

emails

letters.

Brandmay encompass:

company brands

intellectual property

product brands

registered brands

registered trademarks

supplier brands.