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

Part B: Course Detail

Teaching Period: Term1 2022

Course Code: BUIL6238C

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

Important Information:

Please note that this course may have compulsory in-person attendance requirements for some teaching activities.

To participate in any RMIT course in-person activities or assessment, you will need to comply with RMIT vaccination requirements which are applicable during the duration of the course. This RMIT requirement includes being vaccinated against COVID-19 or holding a valid medical exemption.

Please read this RMIT Enrolment Procedure as it has important information regarding COVID vaccination and your study at RMIT: https://policies.rmit.edu.au/document/view.php?id=209.

Please read the Student website for additional requirements of in-person attendance: https://www.rmit.edu.au/covid/coming-to-campus


Please check your Canvas course shell closer to when the course starts to see if this course requires mandatory in-person attendance. The delivery method of the course might have to change quickly in response to changes in the local state/national directive regarding in-person course attendance.

School: 530T Built Environment and Sustainability

Campus: City Campus

Program: C5256 - Diploma of Building and Construction (Building)

Course Contact: Thierry Demathieu, Program Manager

Course Contact Phone: +61 3 9925 8359

Course Contact Email: thierry.demathieu@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nhu Nguyen

+61399254987

nhu.nguyen@rmit.edu.au

Appointment by email.

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

Nil.

Course Description

In this course you will cover 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:

CPCCBC5007B Administer the legal obligations of a building or constructio

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.

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 abatement  and working hours  are adhered to.

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 federal, state and territory 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


On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements.


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


The proposed teaching schedule for this competency is detailed below:

 

Weeks 1-2

Topics

  • Introduction to course
  • Assessment requirements
  • Business Registration
  • Builder’s Licensing and Registration
  • Record Keeping
  • Assessment Task 1 release

Weeks 3-4

Topics

  • Employment and HR Requirements
  • Dispute Resolution
  • Policies and Procedures
  • Assessment Task 1 due

Weeks 5-6

Topics

  • OHS Matters
  • Permits and Approval
  • Assessment Task 2 release

Weeks 7-8

Topics

  • Work Cover
  • Rehabilitation
  • Return to Work

Weeks 9-10

Topics

  • Taxation
  • GST
  • Superannuation
  • Insurance

Weeks 11-12

Topics

  • Fair Trading Practices
  • Assessment Task 2 due

Weeks 13-14

Topics

  • Materials and Sustainability
  • Assessment Task 3 release

Weeks 15-16

 Finalisation of Assessment - Assessment Task 3 due

Week 17

Resubmissions

Week 18

Finalisation of Subject

 

Students please note this is a guide only and may be subject to change


Learning Resources

Prescribed Texts


References


Other Resources

Students will be able to access course information and learning materials through myRMIT and may be provided with additional materials in class. Lists of relevant reference books, resources in the library and accessible Internet sites will be provided where possible. During the course, you will be directed to websites to enhance your knowledge and understanding of difficult concepts.  Relevant websites may include:

  • Victorian Building Authority
  • Australian Taxation Office
  • Consumer Affairs Victoria
  • Fair Work Australia
  • WorkSafe Victoria

CANVAS


CANVAS is an on-line resource with the lesson plans for each unit. Within CANVAS are the session lessons plans, assessments, resources and other materials required for completion of each unit of competency. 




Overview of Assessment

Assessment will incorporate a variety of methods including written, oral, practical tasks and activities. You will be asked to personally demonstrate to your teacher/assessor the practical skills gained during this course to the relevant industry standards. Assessment activities will occur throughout this course and feedback will be provided at regular intervals.

Students must achieve satisfactory in each of the following assessment tasks to demonstrate competent.

Assessment 1: Knowledge Assessment

Assessment 2: Portfolio

Assessment 3: Case Study

To be deemed competent you must demonstrate an understanding of all aspects required of the competency. Assessment methods have been designed to measure your achievement of each competency in a flexible manner over multiple tasks.


Assessment Tasks

Assessment Task 1 - Knowledge Questions

This assessment task allows you to demonstrate your knowledge required to administer the legal obligations of a building or construction contractor, including obligations as either party to a contract. You are to undertake extensive research about the business obligations so new policies, procedures, tools  and a licensing and registration for your business can be established. You are to answer ten (10) questions which relate to a range of relevant industry legislation, codes, standards, regulations, licensing, employee awards, agreements, OHS, taxation and insurance. 

Assessment Task 2 - Policies and Procedures Manual

You are to create a folder of policies, procedures and tools that will assist you and your employees in the daily administration and meeting the legal obligations in the operation of your construction business.  You must ensure that your policies and procedures manual address the 14 elements in the marking guide (Section B of the student version of the assessment) and that your folder must:

  • Have a table of contents
  • Use page numbers, version control and footers consistent with legal documentation
  • Be in a logical order that groups information together. 
  • Link policies, procedures and their related documentation, record keeping tools, reporting and other templates together      for easy use.

Assessment Task 3 - Case Study

You will be provided with a number of scenarios where you need to use the policies, procedures and tools that you have devised in your previous Assessment Task to administer your legal obligations.  You must collate a portfolio of evidence demonstrating administration of legal obligations for a business and within contracts.  In particular, your portfolio submission should include:

  • Correspondence with relevant authorities, people, agencies, suppliers and other internal and external customers.
  • Completed logs, records and other templates and tools created in Assessment Task 2.
  • Schedules, workflow plans and other implementation tools according to your documented policies and procedures

You will use your findings from the scenarios above to make any further changes to specific aspects of your policy and procedures folder and submit version controlled and dated updates for consideration.

You must use the Marking Guide at Section B of student version of this assessment to prepare and check your work prior to submission.  You will present your findings as a portfolio which could be used to support review and evaluation by your organisation leadership team in the future.



Assessment Matrix


Element

Performance criteria

 

 

 

 

 

Assessment

Task 1: Knowledge Assessment

Assessment

Task 2: Portfolio

Assessment

Task 3: Case Study

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

1.1 Business registration of the organisation is secured in accordance with owner/operator preferences and legal requirements.

1

1


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


1, 2


1.3 Responsibilities of operating a construction business in accordance with legislation are met.

6

3


1.4 Legal documents and records are kept and carefully maintained.

7

4

1 - 10

2 Engage personnel for the project.

2.1 Relevant industrial awards are identified for the hiring of staff or labour.

1

5

1

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


5

1

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

8

6

1

2.4 Procedures for employment termination and redundancy are explained and followed.


7

2

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


8

3

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

3.1 OHS and Welfare Act provisions are identified and complied with, on and off the site.

2D, 5

9

5, 6

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


9


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


9

5, 6

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


9

7, 8

4 Implement rehabilitation arrangements for employees returning to work.

4.1 Rehabilitation arrangements for employees returning from injury or illness are facilitated and implemented.


9

5

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


9

5

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

5.1 Taxation payments are recorded, collected and made in compliance with Australian Taxation Office requirements, including GST obligations.


10

1, 2, 9

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

2c

11


5.3 Mandatory superannuation provisions are made for employees.

9

10

1, 2

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

6.1 Fair trading practice responsibilities are maintained effectively and efficiently.


12


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

10

12

4

7 Comply with environmental legislation and its intent.

7.1 Renewable materials are used as a primary aim wherever possible over non-renewable materials.


13

4

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


13

4

7.3 Processes to ensure compliance with environmental protection legislation are implemented.


14

4,6,10



Range Statement 

 

Assessment

Task 1: Knowledge Assessment

Assessment

Task 2: Portfolio

Assessment

Task 3: Case Study

Licensing includes state laws, such as:




  • Builders Registration Act 1939

3



  • Home Building Contracts Act 1991 in Western Australia

3



  • Home Building Act and Regulations 1989 in New South Wales.

3



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




  • state codes of practice applicable to the various regulations

2d



  • state laws, such as:





    • Occupational Health and Safety Act 1983 in New South Wales

2d




    • Occupational Health and Safety Act 1984 in Western Australia

2d




    • Occupational Health and Safety Act 1985 in Victoria

2d




    • Occupational Health and Safety Act 1986 in South Australia

2d




    • Work Cover Queensland Act 1996

2d




    • Workers Compensation and Rehabilitation Act 1981 in Western Australia

2d




    • Workplace Injury Management and Compensation Act 1998 in New South Wales

2d



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

2d



  • Various federal, state and territory industrial relations Acts and regulations.

2d



Rehabilitation arrangements for employees returning to work include:




  • cooperation with rehabilitation agencies

5



  • light duties

5



  • normal duties under shorter working hours

5



  • suitable alternative duties.

5



Taxation and insurance requirements of state, territory and federal legislation include:




  • appropriate business and project insurances

2C



  • Fringe Benefits Tax Act 1986

2C



  • Goods and Services Tax Act 1999

2C



  • Income Tax Assessment Act 1987

2C



  • Insurance Contracts Act 1984

2C



  • pay-as-you-go (PAYG) taxes

2C



  • payroll tax

2C



  • stamp duty

2C



  • workers' compensation.

2C



Environmental protection legislation includes:




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

2a




Required Skills 

 

Assessment

Task 1: Knowledge Assessment

Assessment

Task 2: Portfolio

Assessment

Task 3: Case Study

language and literacy skills to:

 

 

 

  • complete legal documents and records

 

1 - 14

1 - 10

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

 

9

1 – 10

  • liaise with government agencies

 

9

 

  • provide information to employees

 

 

1 – 10

  • read and interpret:

 

 

 


    • contracts and regulations

 

5

1 – 10


    • industrial awards

1

5, 6

1, 2


    • legislation

1, 2a, 2b, 2c, 2d, 3, 4, 5

9

 

  • use and interpret non-verbal communication

 

1 – 14

1 – 10

  • use language and concepts appropriate to cultural differences

 

 

1 – 10

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

 

1 - 14

1 – 10

management skills to effectively manage personnel

 

 

1, 2, 8

numeracy skills to apply measurements and calculations.

 

 

1, 2, 3, 9


Required Knowledge 

 

Assessment

Task 1: Knowledge Assessment

Assessment

Task 2: Portfolio

Assessment

Task 3: Case Study

awards and agreements applying to employees and subcontractors

1

 

 

legislative requirements, including:

2

 

 

  • environmental legislation

2a

 

 

  • fair trading legislation

2b

 

 

  • taxation and insurance requirements

2c

 

 

licensing and builders' registration requirements

3

 

 

local authority regulations

4

 

 

OHS and rehabilitation requirements

2d, 5

 

 

relevant licensing arrangements.

3

 

 


Critical Aspects of Evidence

Describe how assessments meet the critical aspects of evidence

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

Assessment 2 and Assessment 3 requires students to implement and administer obligations

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

Assessment 3 requires students to liaise with and conduct performance management of human resources

  • manage organisational taxation and insurance obligations successfully

Assessment 2 requires students to document processes and requirements for compliance and Assessment 3 requires students to administer obligations.

  • effectively advise appropriate authorities and gain the necessary approvals or responses

Assessment 2 requires students to produce communications to authorities for approvals, responses, registrations and similar.

  • promote and work in the best interest of clients.

Assessment 2 requires students to document processes and requirements for compliance and Assessment 3 requires students to administer obligations.




Other Information

Attendance: 

Your learning experience will involve class-based teaching, discussion, demonstration and practical exercises  

It is strongly advised that you attend all timetabled sessions. This will allow you to engage in the required learning activities, ensuring you the maximum opportunity to complete this course successfully. 

 

Information about your studies: 

You can access My Studies through the RMIT website for information about timetables, important dates, assessment dates, results and progress, Canvas etc. 

 https://www.rmit.edu.au/students 

 

Assessment: 

Information on assessment including Special consideration, Adjustments to assessment, (eg. applying for an extension of time): 

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment 


Credit Transfer and/or Recognition of Prior Learning (RPL):
You may be eligible for credit towards courses in your program if you have already met the learning/competency outcomes through previous learning and/or industry experience. To be eligible for credit towards a course, you must demonstrate that you have already completed learning and/or gained industry experience that is:

  • Relevant
  • Current
  • Satisfies the learning/competency outcomes of the course

Please refer to http://www.rmit.edu.au/students/enrolment/credit to find more information about credit transfer and RPL.
 

Study and learning Support:

Study and Learning Centre (SLC) provides free learning and academic development advice to you.
Services offered by SLC to support your numeracy and literacy skills are:

assignment writing, thesis writing and study skills advice
maths and science developmental support and advice
English language development

Please Refer http://www.rmit.edu.au/studyandlearningcentre to find more information about Study and learning Support

Equitable Learning Services (ELS):

If you are suffering from long-term medical condition or disability, you should contact Equitable Learning Services (ELS) to seek advice and support to complete your studies.
Please refer to https://www.rmit.edu.au/students/support-and-facilities/student-support/equitable-learning-services to find more information about services offered by Equitable Learning Services (ELS).

Late submission:
If you require an Extension of Submittable Work (assignments, reports or project work etc.) for 7 calendar days or less (from the original due date) and have valid reasons, you must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Senior Educator/ Program Manager.
The application must be lodged no later than one working day before the official due date. You will be notified within no more than 2 working days of the date of lodgement as to whether the extension has been granted.
If you seek an Extension of Submittable Work for more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.

Submittable Work (assignments, reports or project work etc.) submitted late without approval of an extension will not be accepted or marked.


Special consideration:

Please Refer http://www.rmit.edu.au/students/specialconsideration to find more information about special consideration

Plagiarism:

Plagiarism is a form of cheating and it is very serious academic offence that may lead to expulsion from the University.

Please Refer: www.rmit.edu.au/academicintegrity to find more information about plagiarism.


Other Information:

All email communications will be sent to your RMIT email address and you must regularly check your RMIT emails.

 



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