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Evidence Guide: CPCCBC5007A - Administer the legal obligations of a building or construction contract

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

 

CPCCBC5007A - Administer the legal obligations of a building or construction contract

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

Comply with the laws relating to establishing and licensing a building or construction contractor.

  1. Business registration of the organisation is secured in accordance with owner/operator preferences and legal requirements.
  2. Approval of licensing and registration as a contractor/supervisor is sought from appropriate government agency.
  3. Responsibilities of operating a construction business in accordance with legislation are met by the contractor.
  4. Legal documents and records are kept and carefully maintained.
Business registration of the organisation is secured in accordance with owner/operator preferences and legal requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Approval of licensing and registration as a contractor/supervisor is sought from appropriate government agency.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Responsibilities of operating a construction business in accordance with legislation are met by the contractor.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Legal documents and records are kept and carefully maintained.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Engage personnel for the project.

  1. Relevant industrial awards are identified for the hiring of staff or labour.
  2. Contracts of employment are determined on a case-by-case basis and the principles and legalities of workplace agreements are implemented.
  3. Equal opportunity principles are applied in all aspects of recruitment and selection.
  4. Procedures for employment termination and redundancy are explained and followed.
  5. Dispute resolution processes are established, documented and implemented where necessary.
Relevant industrial awards are identified for the hiring of staff or labour.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Contracts of employment are determined on a case-by-case basis and the principles and legalities of workplace agreements are implemented.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Equal opportunity principles are applied in all aspects of recruitment and selection.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Procedures for employment termination and redundancy are explained and followed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Dispute resolution processes are established, documented and implemented where necessary.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Administer the regulations relating to OHS, welfare, workers' compensation, noise abatement and working hours.

  1. OHS and Welfare Act provisions are identified and complied with, on and off the site.
  2. OHS authority is contacted to determine the necessary approvals or permits prior to work commencing.
  3. Provisions of Workers Compensation Act are complied with and the rights and responsibilities of workers are observed to ensure a safe workplace.
  4. Regulations relating to noise abatement and working hours are adhered to.
OHS and Welfare Act provisions are identified and complied with, on and off the site.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

OHS authority is contacted to determine the necessary approvals or permits prior to work commencing.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provisions of Workers Compensation Act are complied with and the rights and responsibilities of workers are observed to ensure a safe workplace.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Regulations relating to noise abatement and working hours are adhered to.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Implement rehabilitation arrangements for employees returning to work.

  1. Rehabilitation arrangements for employees returning from injury or illness are facilitated and implemented.
  2. Workers returning to work after injury or illness are assisted to regain full employment status as soon as practicable.
Rehabilitation arrangements for employees returning from injury or illness are facilitated and implemented.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Workers returning to work after injury or illness are assisted to regain full employment status as soon as practicable.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Comply with taxation and insurance requirements of federal, state and territory legislation.

  1. Taxation payments are recorded, collected and made in compliance with Australian Taxation Office requirements, including GST obligations.
  2. Insurance policies are identified to provide appropriate cover for personnel, property and project works.
  3. Mandatory superannuation provisions are made for employees.
Taxation payments are recorded, collected and made in compliance with Australian Taxation Office requirements, including GST obligations.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Insurance policies are identified to provide appropriate cover for personnel, property and project works.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Mandatory superannuation provisions are made for employees.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Administer all obligations in a conscientious manner and observe fair trading practice.

  1. Fair trading practice responsibilities are maintained effectively and efficiently.
  2. Best interests of clients are promoted and undertaken conscientiously in accordance with the agreed contract.
Fair trading practice responsibilities are maintained effectively and efficiently.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Best interests of clients are promoted and undertaken conscientiously in accordance with the agreed contract.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Comply with environmental legislation and its intent.

  1. Renewable materials are used as a primary aim wherever possible over non-renewable materials.
  2. Low energy materials are used in preference to high energy materials, where practical.
  3. Processes to ensure compliance with environmental protection legislation are implemented.
Renewable materials are used as a primary aim wherever possible over non-renewable materials.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Low energy materials are used in preference to high energy materials, where practical.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Processes to ensure compliance with environmental protection legislation are implemented.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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 effective administration of legal obligations of a building or construction 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:

conform to the legal and financial obligations of the organisation

establish and maintain good human relations with contracted employees, subcontractors and other stakeholders

manage organisational taxation and insurance obligations successfully

effectively advise appropriate authorities and gain the necessary approvals or responses

promote and work in the best interest of clients.

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

copies of appropriate awards and workplace agreements

office equipment, including calculators, photocopiers and telephone systems

a suitable work area appropriate to the 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:

communication skills to:

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

liaise with government agencies

provide information to employees

read and interpret:

contracts and regulations

industrial awards

legislation

use and interpret non-verbal communication

use language and concepts appropriate to cultural differences

manage compliance with a variety of legal obligations and administer various awards and agreements

management skills to effectively manage personnel

numeracy skills to apply measurements and calculations.

Required knowledge

Required knowledge for this unit is:

awards and agreements applying to employees and subcontractors

legislative requirements, including:

environmental legislation

fair trading legislation

taxation and insurance requirements

licensing and builders' registration requirements

local authority regulations

OHS and rehabilitation requirements

relevant licensing arrangements.

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.

Licensing includes state laws, such as:

Builders Registration Act 1939

Home Building Contracts Act 1991 in Western Australia

Home Building Act and Regulations 1989 in New South Wales.

OHS, welfare, workers' compensation, noise abatement and working hours include:

state codes of practice applicable to the various regulations

state laws, such as:

Occupational Health and Safety Act 1983 in New South Wales

Occupational Health and Safety Act 1984 in Western Australia

Occupational Health and Safety Act 1985 in Victoria

Occupational Health and Safety Act 1986 in South Australia

WorkCover Queensland Act 1996

Workers Compensation and Rehabilitation Act 1981 in Western Australia

Workplace Injury Management and Compensation Act 1998 in New South Wales

state regulations such as the Occupational Health and Safety Regulations 1996 in Western Australia

various federal, state and territory industrial relations Acts and regulations.

Rehabilitation arrangements for employees returning to work include:

cooperation with rehabilitation agencies

light duties

normal duties under shorter working hours

suitable alternative duties.

Taxation and insurance requirements of state, territory and federal legislation 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.

Environmental protection legislation includes:

federal, state and territory environmental legislation and regulations applicable to the building and construction industry.