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Evidence Guide: CPCCBC4032A - Apply contract law to sales processes

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

CPCCBC4032A - Apply contract law to sales processes

What evidence can you provide to prove your understanding of each of the following citeria?

Apply contract law as it relates to the sales process.

  1. Contract law is applied according to relevant federal and state legislation and common law principles, including the law of contract, offer and acceptance.
  2. Importance of contract to sales process and implications of contract law are explained to client.
  3. Types and purpose of contracts employed within the industry and are explained to the client.
  4. Clauses in the contract are described to the client and the reasons for inclusion and impact are explained.
  5. Appropriate measures to be taken in the event of an anomaly in the rendering of the contract are determined and explained to the client.
Contract law is applied according to relevant federal and state legislation and common law principles, including the law of contract, offer and acceptance.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Importance of contract to sales process and implications of contract law are explained to client.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Types and purpose of contracts employed within the industry and are explained to the client.

Completed
Date:

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Clauses in the contract are described to the client and the reasons for inclusion and impact are explained.

Completed
Date:

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Appropriate measures to be taken in the event of an anomaly in the rendering of the contract are determined and explained to the client.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify other legislative requirements applying to the sales process.

  1. Contracts are negotiated in accordance with other federal, state or territory laws, regulations and codes, including the Trade Practices and Fair Trading Acts and regulations.
  2. Cooling off periods, definitions of building work and provisional sum (PS) and prime cost (PC) allowances are applied.
Contracts are negotiated in accordance with other federal, state or territory laws, regulations and codes, including the Trade Practices and Fair Trading Acts and regulations.

Completed
Date:

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Cooling off periods, definitions of building work and provisional sum (PS) and prime cost (PC) allowances are applied.

Completed
Date:

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Identify and apply types of pre-contract agreements.

  1. Identify pre-contract agreements that meet legal and organisational requirements.
  2. Pre-contract clauses are discussed and agreed with the client.
  3. Apply correct pre-contract agreements.
Identify pre-contract agreements that meet legal and organisational requirements.

Completed
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Pre-contract clauses are discussed and agreed with the client.

Completed
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Apply correct pre-contract agreements.

Completed
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Finalise the pre-contract agreement with customer.

  1. Clauses that reflect client's requirements are included in pre-contract agreement.
  2. Documents are signed in accordance with legal and organisational requirements.
  3. Payment or deposit is received from client in accordance with legal and contractual requirements.
  4. Documents are processed according to organisational policy.
Clauses that reflect client's requirements are included in pre-contract agreement.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documents are signed in accordance with legal and organisational requirements.

Completed
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Payment or deposit is received from client in accordance with legal and contractual requirements.

Completed
Date:

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Documents are processed according to organisational policy.

Completed
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Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

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.

Overview of assessment

This unit of competency could be assessed by the effective application of contract law to a building sale contract.

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:

explain importance of contract in the sales process to the client and how contract is applied

select right contract for particular project and explain reasons for that choice

select appropriate clauses and conditions within contract and explain impact of those clauses

administer contract to standard required by the organisation and within any legal or regulatory requirements that may exist within the state or territory in which the work is being done

determine and explain appropriate measures to be taken in the event of an anomaly in rendering contract.

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:

documentation that should normally be 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 2-D CAD drawings, run costing programs and print copies

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

suitable sales 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 person's 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.

Required Skills and Knowledge

Required skills

Required skills for this unit are:

ability to communicate by telephone, facsimile, email and in writing

communication skills to:

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

come to agreement with the client

participate in discussions

provide information to clients

read and interpret:

codes of practice

complex legal text

contracts

legislation

regulations

use and interpret non-verbal communication

use language and concepts appropriate to cultural differences

written skills to complete workplace documentation, including the drafting of responses to queries relating to the finer points of contracts.

Required knowledge

Required knowledge for this unit is:

contract types and the circumstances they cover

definitions and interpretations commonly applied to contracts

definitions of building work

Fair Trading regulations, including cooling off periods

legal meanings of terms and clauses in building and construction contracts

relationship between the organisation and its clients.

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.

Contract law includes:

Builders Registration Acts in various States and Territories

common law

federal and state legislation, such as:

Home Building Contracts Act 1991 in Western Australia

Home Building Act and Regulations 1989 in New South Wales.

Clauses in the contract include:

cost adjustments

extensions of time

offers and acceptances

payments

retention of moneys

scope of work

terms and representations.

Other federal, state or territory laws, regulations and codes include:

common law

Commonwealth Trade Practices Act

consumer credit codes in each State and Territory

Fair Trading Act 1987 in Western Australia.

Pre-contract agreements include:

offer and acceptance documentation

preliminary contracts

preparation of plan agreements.

Pre-contract clauses include:

conditions

scope of work

time for completion.