CPCCBC5007 Administer the Legal Obligations of a Building and Construction Contractor - Assignment Task 2

Candidate Instructions

The Major Project is a set of tasks that must be completed in a workplace, or in an environment with conditions similar to that of a real workplace.

This assessment will help you demonstrate skill requirements relevant to administering the legal obligations of a building and construction contractor.

Overview

The goal of this assessment is to assess your practical knowledge and skills in:

·         Establishing legal requirements of the business.

·         Engaging personnel for the project.

·         Meeting work health and safety (WHS) requirements.

·         Administering business obligations.

·         Complying with environmental requirements.

Before starting this assessment, your assessor will also discuss with you these tasks as well as instructions and guidance for satisfactorily completing them. They will also organise the resources required for this assessment (listed below).

You are required to:

·         Complete the tasks within the time allowed

·         Review the instructions in each task

·         Establish legal requirements of the business

·         Engage personnel for the project

·         Meet work health and safety (WHS) requirements

·         Administer business obligations

·         Comply with environmental requirements

·         Perform the workplace task according to the instructions provided

·         Complete and submit any required documentation

Resources required for assessment:

To complete this assessment, you will need access to the following:

·           Relevant government building and construction legislation

·           Current and relevant Commonwealth and state and territory legislation for businesses

·           Relevant codes, standards, and regulations for operating a business

·           Current building and construction codes and standards    

E.g. for a Residential Building (Class 1 and 10 buildings, max two storeys) or Commercial (Class 2 to 9, Type C only constructions).

·           A workplace or a similar environment that will allow you access to:

o     Building and construction project

o     Opportunities to complete the workplace assessment tasks within this project, including access to previous projects and documentation.

o     Access to people resources required for the assessment, e.g. project stakeholders, management, human resources personnel, WHS personnel, colleagues, and other workers within the building and construction project

o     Organisational policies and procedures, including:

§  Policies and procedures for subcontractor requirements, WHS noise abatement, working hours, working from heights, PPE, workplace incidents, recruitment and selection, new employment induction, return to work and rehabilitation, workers compensation, fair trading practices, etc.

o     Documentation and templates, including:

§  Business registration and licensing documents, WHS records and reporting, previous rehabilitation or return to work scenarios or reports, workers compensation and insurance policies, BAS and financial reporting, employee award and superannuation entitlements

o   Copies of appropriate awards, workplace agreements and contracts

o   Business equipment and technology to access information, lodge documentation and records, securely store legal documentation and records and facilitate administration of legal obligations of a building or construction contractor

·         Computer with Internet, email access, and a working web browser

o   Installed software: MS Word, Adobe Acrobat Reader

Part 1 Legal Responsibilities

Activity 1.1 Group Discussion

You are the principal of ABC Builders. You are required to identify all the legal responsibilities of the building contractor.

Students will be divided into groups of approximately 5. In your group you will discuss and identify the legal responsibilities and obligations of operating a construction business.

You will be assessed on:

·         Practical knowledge of legal requirements when operating a small construction business.

·         Practical skills in meeting legal requirements when operating a small construction business.

After completing this task, note your findings in the table below

Question 1:

Outline the process for builders licensing and registration

Question 2:

Outline 8 main steps in preparing a privacy management plan

Part 2 Engage Personnel for The Project

Question 1:

Outline 7 steps in the recruitment process

Question 2:

What would be considered a diverse pool of candidates for the role?

 Question 3:

When recruiting staff what equal opportunity principles should be applied?

 

Question 4:

Go to https://www.fairwork.gov.au/employment-conditions/awards  determine the relevant awards and complete the table below:

 Answer:

Classification Weekly Pay Rate Hourly Pay Rate
Level 3 Carpenter – Full Time Employed    
4th year apprentice Bricklayer – Full Time Employed    
1st Year Adult Apprentice Carpenter – Full Time Employed    

 Question 5:

Outline a simple dispute resolution process as outlined by FairWork Australia:

Question 6:

How can the process for dispute resolution be documented?

Question 7:

How can your dispute resolution process be implemented in the workplace

Question 8:

Who is the authority / regulatory body for workers compensation? What workers compensation legislation applies to the construction industry?

Answer:

State/Territory Authority or Regulatory Body Legislation
Australian Capital Territory    
New South Wales    
Northern Territory    
Queensland    
South Australia    
Tasmania    
Victoria    
Western Australia    

 Question 9:

Who should register for WorkCover Insurance?

Question 10:

Identify one provider of WorkCover insurance in Australia, and identify what you would need to complete your application to register for WorkCover Insurance

Activity 1.1 Employment & Termination

You are the principal of ABC Builders. You have recruited an additional fulltime site supervisor

Step 1: Determine contract required for the site supervisors employment

Using https://employ.business.gov.au complete and submit the contract & letter of offer for your site supervisor. All details can be fictitious except those supplied.

Step 2: Download template payslip https://www.fairwork.gov.au/tools-and-resources/templates and complete for this employee for a standard 38 hour week. Note you must calculate taxation and superannuation.

Step 3: 12 months later there has been a downturn in work, and you are making the role of site supervisor redundant.

Download and complete the termination of employment letter for redundancy.  (PC 2.4) https://www.fairwork.gov.au/tools-and-resources/templates

Upon completion you are required to submit the following documents:

-          Contract of employment & letter of offer

-          Payslip which includes superannuation

-          Redundancy letter

All documents are to be completed in full

Part 3 Meet Work Health & Safety (WHS) Requirements

Question 1:

What WHS legislation would builders need to comply with?

Question 2:

Name 5 of the 29 High Risk Work Classes

Question 3:

What WHS permits / approvals may be required by local council?

Question 4:

Locate the application for approval to place a skip bin in a public place on your local council website and provide the link below

Question 5:

Locate the regulations relation to noise abatement and working hours in your local council and provide the link. What are the working hours for construction?

Question 6:

What steps can be taken to minimise noise?

Question 7:

Describe how you would inform workers of personal and organisational obligations

Question 8:

What should happen in the induction process?

Activity 1.1 Rehabilitation Arrangements

You are required to Facilitate and implement rehabilitation arrangements for an employee returning from injury or illness.

Visit https://www.worksafe.vic.gov.au/resources/important-return-work-information-template and complete the return to work information form. All information relating to the employee and injury can be fictitious

Upon completion you are required to submit a fully completed return to work information form

Part 4 Administer Business Obligations

Question 1:

What is the  general process for making taxation and GST payments

Question 2:

What insurances are required for a licensed builder undertaking residential building works? List all that apply

Question 3:

What process would you undertake when attaining insurance

Question 4:

List the legislation relating to consumer fair trading practices

Question 5:

How can consumer fair trading practices be implemented and maintained?

Question 6:

Provide 3 examples of how consumer fair trading proctices can be enforced in the workplace:

Part 5 Comply with Environmental Requirements

Question 1:

What is the primary aim when implementing renewable materials

Question 2:

Provide 3 examples of choosing low-energy material instead of high-energy material

Question 3:

How can you maintain compliance with workplace environmental protection and sustainability policies, procedures and practices?

 Question 4:

How can you ensure compliance with the relevant statutory requirements?

Expert's Answer

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