Course Title: Apply legal requirements to building and construction projects
Part B: Course Detail
Teaching Period: Term2 2024
Course Code: BUIL6437C
Course Title: Apply legal requirements to building and construction projects
Important Information:
Please note that this course may have compulsory in-person attendance requirements for some teaching activities.
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: C5415 - Diploma of Building and Construction (Building)
Course Contact: Matthew Sweeney
Course Contact Phone: +61 3 9925 4105
Course Contact Email: matthew.sweeney@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Damian Di Rosa
damian.di.rosa@rmit.edu.au
Nominal Hours: 50
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
In this course you will develop the skills and knowledge required to apply legal requirements to residential and commercial building and construction projects. This includes meeting licensing requirements, complying with financial and insurance laws and meeting the conditions of building contracts.
This course applies to builders, site managers, forepersons, estimators and other construction industry personnel responsible for applying legal requirements to residential or commercial building and construction projects.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
CPCCBC4009 Apply legal requirements to building and construction projects |
Element: |
1. Identify legislation relating to the construction project |
Performance Criteria: |
1.1 Identify legal requirements from relevant government Acts and regulations appropriate to the type of building and construction project. 1.2 Identify legal requirements for building contracts, construction insurance, industrial relations obligations and payroll systems. 1.3 Determine class of building for the project and check for limitations of builder's registration and licence. 1.4 Identify any construction activity restrictions, limitations and conditions from building approvals and permits for the project. 1.5 Check licensing requirements or competencies for subcontractors, site supervisors and managers. 1.6 Identify sustainability, environmental and waste management legislated requirements. 1.7 Identify work health and safety (WHS) legislation and requirements of Construction work Code of Practice. |
Element: |
2. Apply site safety requirements |
Performance Criteria: |
2.1 Apply all the relevant requirements of WHS regulations that apply to the project. 2.2 Adapt organisation's workplace procedures and workplace safety requirements to align with the project. 2.3 Implement strategies to ensure all workers are inducted, informed and regularly updated of their on-site safety responsibilities. |
Element: |
3. Apply legal requirements |
Performance Criteria: |
3.1 Apply contract law in accordance with common law principles, relevant state or territory laws and regulations, and fair trading legislation. 3.2 Apply the contract agreements and meet all the conditions during construction of the project. 3.3 Confirm all mandatory building, subcontractor and worker's compensation insurances are current and applied to comply with legal requirements. 3.4 Administer payroll system which incorporates employee and contractor payments, deduction of taxes, including goods and services tax (GST), tracking of transactions and calculating wages. |
Element: |
4. Apply industrial relations |
Performance Criteria: |
4.1 Apply workplace and subcontractor agreements and relevant awards to comply with industrial relations legislation. 4.2 Identify and apply provisions for training agreements and make information available to all workers. 4.3 Take proactive measures to ensure discrimination and harassment are not practiced in the workplace. |
Element: |
5. Resolve disputes and complaints |
Performance Criteria: |
5.1 Apply dispute resolution processes following organisational policies. 5.2 Address complaints promptly, consult with complainant and resolve issue with the best solution for all. 5.3 Record dispute outcome and maintain documentation. |
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
The total number of scheduled hours of teaching, learning and assessment involved in this course includes all planned activities (face to face classes, lectures, workshops and seminars; online learning and other forms of structured teaching and learning). It also covers the amount of effort necessary to undertake, evaluate and complete all assessment requirements, observation of work performance, discussions with supervisors and others providing third party evidence and one on one and group assessment sessions with students.
You will be able to access course information and learning materials through the Learning Hub 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. You will also use equipment and software packages in the laboratory for the project work. During the course, you will be directed to websites to enhance your knowledge and understanding of difficult concepts.
Teaching Schedule
Session/Date |
Theme |
Assessments |
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15-21 July
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This session will provide an introduction to the construction legal requirements cluster and will outline how the cluster will be delivered and assessed over the semester. Students will be introduced to a brief overview of the legal obligations of a building and construction contractor. Discuss steps and things to consider when deciding to establish a construction business. |
Assessment 1: Released Assessment 2: Released Assessment 3: Released Assessment 4: Released
AT1 |
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22-28 July |
This session will focus on business policy and procedures – compliance with taxation, superannuation, insurance requirements and obligations to fair trade practice | AT1 |
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29 July - 4 August |
This session will focus on working on, manage relevant regulations relating to OHS, welfare and workers comp, return to work policy, Recruitment, and environmental legislation. We will discuss the requirements of AT1 and the presentation |
AT1 |
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5-11 August |
During this session we will recap weeks 1-3, and conduct presentations for AT1 in class | AT1 Due |
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12-18 August |
Introduction and brief overview to what will be covered in regard to Residential & Commercial Tenders. What is a tender? Request for tender. Relevant building and construction regulations, codes and standards and the type of contract required to be prepared for the tenders. | AT2 |
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19-25 August |
This session will cover tender documents e.g. - tender supporting documentation - Bill of quantities - Plans and drawings - Building information modelling |
AT2 |
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26 August - 1 September |
This session will cover the following: - Identification of the class of building relevant to the tender submission. - Project risks associated with tendering. - how to create the tender submission document after receiving the RFT documentation. - Evaluation, approval, and endorsement process prior to submission of tender documentation |
AT2 |
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Mid-semester break 2-6 September |
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Census DateLinks to an external site. 2 September |
Census date is important, because if you miss the census date you might have to pay for study that you don’t want or need to do. | |
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9-15 September |
This session will allow time for students to create their templates and work on their tender submission drafts for both the residential and commercial tender |
AT2 |
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16-22 September |
This session will cover the interim tender submissions presented by students and seek feedback (consultation process outlined by teacher). Then amend documentation according to feedback. | AT2 |
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23-29 September |
This session will cover the interim tender submissions presented by students and seek feedback (consultation process outlined by teacher). Then amend documentation according to feedback. Discuss for clarity AT2 part 1 & part 2 |
AT2 Due |
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AFL Grand Final public holiday (Friday) 27 September |
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30 September - 6 October |
In this session we will cover: -What constitutes a legally binding contract. -The various types of contracts and selecting appropriate contract to the type of construction -what constitutes a breach of contract -Termination of contracts A discussion will be held around the requirements for AT3 |
AT3 |
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7-13 October |
In this session we will cover the -The documents included in the contract -Progress payments and extensions of time -Project/contract variations
A discussion will be held around the requirements of AT3 Part 2 |
AT3 |
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14-20 October |
In this session we will cover: -Resolving contract disputes -Defects liability according to contract -Issuing appropriate certificates at completion of works
A discussion will be held around the requirements of AT3 Parts 3 & 4 |
AT3 |
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21-27 October |
In this session students will continue to recap content they have learned in weeks 1-14. Students will be allowed time to prepare for AT4 and have the opportunity to seek clarification on any content previously covered in preparation of AT3. |
AT3 Due |
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28 October - 3 November |
In this session students will continue to recap content they have learned in weeks 1-14. Students will be allowed time to prepare for AT4 and have the opportunity to seek clarification on any content previously covered in preparation of AT4. AT 4 will be conducted in a classroom environment under test conditions and due by end of last session |
AT 4 Due by end of last face to face session |
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4-10 November |
This session is allocated to students requiring resubmission of assessment tasks 3 and 4 |
AT3 & AT4 resubmissions due this week |
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Tuesday 5th November PUBLIC HOLIDAY Melbourne Cup |
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10-16 November |
This session is allocated to moderation and resubmission of assessment at discretion of the moderation panel | |
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17-23 November |
This session is allocated to moderation and resubmission of assessment at discretion of the moderation panel | |
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Official Results Release DateLinks to an external site. 2 December |
Results released on this date |
Learning Resources
Prescribed Texts
References
Other Resources
All required resources will be provided in Canvas.
Overview of Assessment
Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.
Assessment Tasks
Assessment Task 1: Registration of Business
Assessment Task 2: Tender Evaluation
Assessment task 3: Contract preparation and variations
Assessment Task 4: Knowledge Questions
Assessment Matrix
CPCCBC4009 Apply legal requirements to building and construction projects | |||||||||||
Elements and Performance Criteria | |||||||||||
Element 1 Identify legislation relating to the construction project. | |||||||||||
1.1 |
Identify legal requirements from relevant government Acts and regulations appropriate to the type of building and construction project. |
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2.2, 2.6 |
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1.2 |
Identify legal requirements for building contracts, construction insurance, industrial relations obligations and payroll systems. |
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2.2, 2.6 |
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6, |
1.3 |
Determine class of building for the project and check for limitations of builder’s registration and licence. |
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1.2, 2.2 |
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1.4 |
Identify any construction activity restrictions, limitations and conditions from building approvals and permits for the project. |
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24, 25 |
1.5 |
Check licensing requirements or competencies for subcontractors, site supervisors and managers. |
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2.3 |
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1.6 |
Identify sustainability, environmental and waste management legislated requirements. |
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2.4 |
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1.7 |
Identify work health and safety (WHS) legislation and requirements of Construction work Code of Practice. |
2.3 |
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Element 2 Apply site safety requirements. | |||||||||||
2.1 |
Apply all the relevant requirements of WHS regulations that apply to the project. |
2.3 |
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2.2 |
Adapt organisation’s workplace procedures and workplace safety requirements to align with the project. |
2.3 |
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2.3 |
Implement strategies to ensure all workers are inducted, informed and regularly updated of their on-site safety responsibilities. |
2.3 |
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Element 3 Apply legal requirements. | |||||||||||
3.1 |
Apply contract law in accordance with common law principles, relevant state or territory laws and regulations, and fair-trading legislation. |
Part 2 |
All |
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Part 1 |
Part 1 |
All |
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3.2 |
Apply the contract agreements and meet all the conditions during construction of the project. |
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All |
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3.3 |
Confirm all mandatory building, subcontractor and worker’s compensation insurances are current and applied to comply with legal requirements. |
2.2, 2.6 |
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3.4 |
Administer payroll system which incorporates employee and contractor payments, deduction of taxes, including goods and services tax (GST), tracking of transactions and calculating wages. |
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All |
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21 |
Element 4 Apply industrial relations. | |||||||||||
4.1 |
Apply workplace and subcontractor agreements and relevant awards to comply with industrial relations legislation. |
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22 |
4.2 |
Identify and apply provisions for training agreements and make information available to all workers. |
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2.3 |
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4.3 |
Take proactive measures to ensure discrimination and harassment are not practiced in the workplace. |
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23 |
5.1 |
Apply dispute resolution processes following organisational policies. |
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Part 3 |
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5.2 |
Address complaints promptly, consult with complainant and resolve issue with the best solution for all. |
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Part 3 |
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5.3 |
Record dispute outcome and maintain documentation. |
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Part 3 |
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Foundation Skills | |||||||||||
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency. |
All |
All |
All |
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Performance evidence | |||||||||||
To demonstrate competency, a candidate must meet the elements and performance criteria of this unit by applying legal requirements to one residential or commercial building and construction project. |
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In doing this, the candidate must: |
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2.2, 2.6 |
2.3 |
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1.2, 2.2 |
1.2, 2.2 |
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2.1, 2.2, 6.2 |
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All |
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2.2 |
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5 |
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9 |
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2.4 |
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Knowledge Evidence | |||||||||||
To be competent in this unit, a candidate must demonstrate knowledge of: |
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All |
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1.3 |
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2.3 |
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2.2, 2.3 |
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2.1 |
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2.2, 2.3, 2.6 |
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2.4 |
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4 |
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Assessment Conditions: List any prescribed Assessment Conditions |
Other Information
Attendance Requirement - 85% for all students
Resubmission Policy: To pass this course, students must achieve a Satisfactory (S) result for all their Assessments (and parts of those assessments).
Students who do not achive a Satisfactory (S) result for their entire original submission for an Assessment will be provided with 1 (one) more submission opportunity (e.g. the resubmission) with a specific due date by their assessor. Students must achive a Satisfactory (S) result on their resubmission for that Assessment, by the due date given to them by their Assessor.
Students who fail to submit their assessment by the due date will be issued a DNS (Did Not Submit) result which will not be overturned by teaching or managing staff. A DNS result will be overturned based on an approved Extention of Time or approved Special Consideration.
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 lodgment 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.
Course Overview: Access Course Overview