Course Title: Administer the legal obligations of a building or construction contract

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: BUIL5864C

Course Title: Administer the legal obligations of a building or construction contract

School: 130T Vocational Engineering

Campus: City Campus

Program: C5201 - Diploma of Building and Construction (Building)

Course Contact: Program Manager

Course Contact Phone: +61 3 9925 4468

Course Contact Email: engineering-tafe@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 100

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit specifies the outcomes required to administer the legal obligations of a building or construction contract. It is concerned with licensing and/or builders’ registration and other legislative matters as appropriate, and administering the systems through which the obligations of complying with legislation are fulfilled. In order to achieve the outcomes for this unit, knowledge of relevant industry legislation, codes, standards, regulations, licensing, employee awards, agreements, OHS, taxation and insurance is required.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BCGBC5007A Administer the legal obligations of a building or construction contract

Element:

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

Performance Criteria:

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

Element:

2. Engage personnel for the project.

Performance Criteria:

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

Element:

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

Performance Criteria:

3.1 OHS and Welfare Act provisions are identified and
      complied with, on and off the site.
3.2 OHS authority is contacted to determine the necessary
       approvals or permits prior to work commencing.
3.3 Provisions of Workers Compensation Act are complied
      with and the rights and responsibilities of workers are
      observed to ensure a safe workplace.
3.4 Regulations relating to noise

Element:

4. Implement rehabilitation arrangements for employees returning to work.

Performance Criteria:

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

Element:

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

Performance Criteria:

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

Element:

6. Administer all obligations in a conscientious manner and observe Fair Trading Practice.

Performance Criteria:

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

Element:

7. Comply with environmental legislation and its intent.

Performance Criteria:

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


Learning Outcomes



Details of Learning Activities

Students will learn through a number of planned activities (face to face classes, workplace/site visits, simulated workplace learning, online learning via blackboard and other forms of structured teaching and learning). Students will be observed and assessed through their planned activities throughout the duration of the course.


Teaching Schedule

 

SemesterTopic Content Delivery
 

Note that topics will not necessarily be delivered in the order given below and some topics will split over semester 1 and 2

1 and 2Business registration
Builder/supervisor licensing and registration. as a
Legal requirements of operating a construction business
Employing people/ engaging personnel for building work.
Industrial awards. Fair Work Agreements.
Equal opportunity principles
Employment termination and redundancy.
Dispute resolution processes
Regulations relating to OHS, welfare, workers compensation on and off the site.
OHS approvals or permits prior to work commencing.
OHS rehabilitation arrangements for employees returning to work.
Taxation and insurance requirements of state, territory and federal legislation.
Taxation payments are recorded, collected including GST obligations.
Insurance policies to provide appropriate cover for personnel, property and project works.
Superannuation provisions are made for employees.
Fair Trading Practice.
Environmental legislation and its intent. Renewable materials, Low energy materials


Learning Resources

Prescribed Texts

SUMMARY OF THE OCCUPATIONAL HEALTH AND SAFETY ACT 2004


References

WWW pages of the following government bodies and others as notified to the students in class.  Building Commission. Consumer Affairs Victoria. Fair Work Australia.


Other Resources


Overview of Assessment

This unit of competency could be assessed by effective administration of legal obligations of a building or construction contract.


Assessment Tasks

There are 2 assignments - one being a project based assessment, and  learning outcomes tests for all topics not completely assessed by the assignments. The culmination of all assessments contributes to the final result for this course.
Under special circumstances extension to assessment may be granted. Students are to follow RMIT Special Consideration Policy found in RMIT Policies and procedures link http://www.rmit.edu.au/browse;ID=3g3whh1vttr0z;STATUS=A;SECTION=19;PAGE_AUTHOR=Chancellery (unresolved)

Assessment Tasks
Assessment  – Project Based Assessment
The project based assessments will focus on different elements of the learning activities and address the students ability to both problem solve and provide meaningful solutions to the practical exercises that cover: 
Simulation of the skills and knowledge for the student work in a builders office complying with the legal requirements studied in this course. 

The project based assessments will have a weighting of between 10 - 20% each of the final overall assessment mark (final weighting will be advised by teacher).


Assessments  – Written Learning Outcomes Tests (closed book)
This written learning outcome tests will a cover elements 1 - 7
These tests will have a weighting of 60% of the final overall assessment mark.

The culmination of all assessments contributes to the final result for this course.
All assessments for this course must be completed to achieve CA (Competency Achieved) grade. (65% equates to being competent per assessment).
A competent grade for each assessment is required to pass this course..


Assessment Matrix

Other Information

Competency requirements:
To be deemed competent students must demonstrate an understanding of all elements of a competency. Assessment methods have been designed to measure achievement of each competency in a flexible manner over multiple tasks.
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met.

All assessments for this course must be completed to achieve CA (Competency Achieved) grade. (65% equates to being competent per assessment). A competent grade for each assessment is required to pass this course..
Each assessment task will also carry a numerical weighting to be used for grading purposes. The grade applied to this weighting will only be awarded if a CA has been achieved in all compulsory assessment tasks.
If a student has been marked NYC (Not Yet Competent) in any of the assessment tasks, the weighting will carry no value until the student has obtained CA.
If a CA is achieved on re-assessment then a maximum mark of 50% of the original weighting will be granted for that assessment.

Course Overview: Access Course Overview