PRODUCT ASSESSMENT

course name: Diploma of construction management

This task should be around 9000 words but you have to fill in 60 pages

you can use as many as bullet points, charts, tables, pictures etc

This will also need screenshots, website tools, etc.,

task 1 and sample are attached

STUDENT

 

STUDENT – KNOWLEDGE ASSESSMENT TASK

 

Task Number

1 of 3 Task Name Knowledge Assessment
National unit/s code CPCCBC5007B National unit/s title Administer the Legal Obligations of a Building or Construction Contractor
National qualification code CPC50210 National qualification title Diploma of Building and Construction (Building)
RMIT Program code C5256A RMIT Course code BUIL6238C

 

 

Section A – Assessment Information

Duration and/or due date:

 

Due at the end of week 4
Task Instructions
Summary and Purpose of Assessment

This short-answer assessment task is one (1) of three (3) assessment tasks you need to complete satisfactorily, in order to be deemed competent for this unit.

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.

Assessment Instructions

For this assessment you are asked 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. Please answer all questions using full sentences. Dot point answers will be acceptable when you are required to “List” items.

What

You have been working in the building and construction industry for a while and are at a stage where you believe you are ready to pursue your entrepreneurship dream by starting your own construction business. Being a highly regulated industry, you wanted to ensure that your business meets all the legal requirements with respect to licensing and registration, and from an operation perspective, you wanted to create an operation manual which detail all the policies, procedures, tools such as templates and checklist in which you staff can refer to on a day to day basis.

You first task is to undertake extensive research about the business obligations so new policies, procedures, tools and a licensing and registration for your business can be established.

Your research will need to address the ten (10) questions provided using examples. You must address each component of the question. You may use additional sources of information, such as weblinks, images and sketches, tables, charts and other methods to demonstrate ideas and concepts, however the bulk of your answer must be text.

Where

This assessment will take place in class or as directed by your Assessor and will be submitted via RMIT’s Canvas platform by the due date, for assessment

How

All ten (10) questions must be answered correctly for you to be assessed as satisfactory for this assessment task

· Satisfactory (S) performance- able to complete all the questions correctly

· Not Yet Satisfactory (NYS) performance – not able to complete all the questions correctly

Students need to achieve satisfactory (S) results in all three (3) assessments to be deemed Competent (CA).

Conditions for assessment
1. This is an individual written assessment task.

1. This is an individual task that you must complete with minimal support from others

1. You must submit all assessment evidence as instructed.

1. You must complete the task within the maximum allowed duration.

1. You must be observed undertaking this assessment task by a qualified assessor.

1. You must make arrangements with the assessor at least one week prior to the assessment due date if you feel you require special allowance or allowable adjustment to this task

1. You will have the opportunity to resubmit any product deemed unsatisfactory (one re-submit is allowed per unit).

1. You can negotiate a suitable time and location for assessment at least one week prior to the assessment taking place.

1. This assessment task is completed individually, and you will be assessed individually against all assessment criteria.

1. Students found in breach of assessment conditions can be charged with academic misconduct, have their results cancelled, be excluded from the program and receive other penalties. Penalties can also apply if a student’s test material is copied by others.

1. Plagiarism is the presentation of the work, idea or creation of another person as though it is one’s own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited.

1. RMIT special consideration is to enable student to maintain their academic progress despite adverse circumstances. The process for special consideration can be found at http://www1.rmit.edu.au/students/specialconsideration

1. Students with a disability or long-term medical or mental health condition can apply for adjustments to their study and assessment conditions (Reasonable Adjustments and Equitable Assessment Arrangements) by registering with the Equitable Learning Services (ELS) at https://www.rmit.edu.au/students/support-and-facilities/student-support/equitable-learning-services

1. Please ensure students full and correct name is written on the student version of this assessment task (do not use nicknames or abbreviations).

1. You will be assessed as satisfactory or not yet satisfactory.

1. Student can appeal the assessment decision according to the RMIT Assessment Processes.

Instructions on submitting your knowledge assessment
This assessment must be undertaken in the classroom and submitted via RMIT’s CANVAS platform by the due date, for assessment.
Equipment/resources students must supply: Equipment/resources to be provided by RMIT or the workplace:
· Pen/pencil

· Paper

· Laptop/PC with internet access

· CANVAS

· RMIT internet access

· RMIT Computer Labs and Learning

· Resources/Software

 

 

 

Section B – Student Answer Sheet

Student Name

 

 

JICHENG GU

 

Student ID

 

 

S3915985

 

Students provide your responses in the boxes below each question
Questions Satisfactory

Y N

Q1: Identify the awards and agreements applying to employees and subcontractors in the building and construction industry which may also apply to your individual business:

· Carpenter

· Site Supervisor

· Labourer

· Electrician

· Plumber

Note: Where an award applies to the industry, but not your business, you should state your reasons why it does not apply.

A:

· Carpenter – Building and construction general onsite award 2010

· Site Supervisor – Building and construction general onsite award 2010

· Labourer – Building and construction general onsite award 2010

· Electrician – The electrical, electronic and communications contracting award 2010

· Plumber – Plumbing and fire sprinklers award 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

   
Q2: List and describe the legislative requirements that apply to building and construction businesses. You will need to undertake research to complete this task. It is suggested that you combine this information into a reference table that identifies the legislation or regulation, codes and other standards and the requirements to be applied.

You will need to identify the legislative requirements related to:

· Business registration

· Taxation, accounting and reporting

· Payroll and superannuation

· Fair trading including dispute resolution

· Environmental management, sustainability and emergency responses

· Human resource management including employees and subcontractors

· Occupational health and safety, rehabilitation and return to work

· Noise abatement and working hours

NOTE: If you have complete this research in previous assessments and units, you can bring this forward, add any additional or relevant details and ensure that it addresses all other questions in this assignment. You should continue to use and add to your working list of legislation, regulation, codes and standards throughout your training.

A:

  Governing Act/Legislative requirements/What business owner needs to do (list 3-5 items)
Business registration

· A New Tax System (Australian Business Number)

· Apply for a business name

· Complete Tax registration for business

· Decide on business structure (e.g sole trader, partnership, company, trust)

 

Being the owner of the business, we are legally required by law to have an Australian Business Number and a Australian Company Number if your enterprise is a company.

Taxation, accounting and reporting · Victoria The Taxation Administration Act 1997(TAA)

· Income Tax Assessment Act 1936 (ITAA 1936) and the Income Tax Assessment Act 1997 (ITAA1997)

· Victoria Payroll Tax Act 2007

· A New Tax System (Pay As You Go) Act 1999

· Fringe Benefits Tax Assessment Act 1986

· Financial Management and Accountability Act 1997

· Public Finance and Audit Act 1983

 

All records of cash flow and accounting reports or financial documentations have to file accordance to the Australian Taxation Office. As a building practitioner all financial cash flow both loses and profit had to be reported accordingly to the ATO.

 

Payroll and superannuation · Fair Work Act 2009

· National Employment Standards (FWOFS13.0)

· Corporations Act 2001

· Superannuation Act 1976

· Paid Parental Leave Act 2020

 

By law, employers have to have superannuation for their employees. And employees have to withhold a minimum value of 10% of the employee’s wages as for their superannuation.

 

Fair trading including dispute resolution · Fair Trading Act 1987

· The Competition and Consumer Act 2010

· Australian Consumer Law and Fair Trading Act 2012

· Building and Development Certifiers Act 2018

· Building and Construction Industry Security of Payment Act 1999

 

For any dispute, its advice that building practitioner to the Victorian Civil and Administrative Tribunal in relation to the clients, or if a building practitioner could bring a fellow practitioner to the Victorian Building Authority for any related issues. Practitioners are advice to have keep any documentations relating to the project them involve in as evidence for the future.

Environmental management, sustainability and emergency responses · Environment Protection Act 1986

· The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

 

Sample actions such as having a recycle skip for either Gypsum plasterboards or for Metal are some ways where a building practitioner can help to manage and limit the environment impact while in charge of a project. The failure to do so may result in heavy penalty.

Human resource management including employees and subcontractors · Victoria Workers Compensation Act 1958

· Victoria’s Occupational Health and Safety Act 2004

· Fair Work Act 2009

· Workplace Gender Equality Act 2012

· Privacy Act 1988

· Crimes Act 1958

· Equal Opportunity Act 2010

· Workplace Injury Rehabilitation and Compensation Act 2013

· Australian Human Rights Commission Act 1986

· Racial and Religious Tolerance Act 2001

· The Domestic Building Contracts Act 1995

· Building and Construction Industry Security of Payment Act 2002

 

Rights such as mutual respect and cultural acceptance of different racial background are some basic rights for employees in a workplace setting. As no one should deserve unnecessary harassments or abuse due to any differences. Human Resource Management Plan will have necessary details to ensure a positive working environment.

Occupational health and safety, rehabilitation and return to work · Occupation health and Safety Act 2004

· Safety, Rehabilitation and Compensation Act 1988 (SRC Act)

· Workplace Injury Rehabilitation and Compensation Act 2013

· Workplace Injury Rehabilitation and Compensation Regulation 2014

 

OH&S policies are in place to ensure that workplace setting is meeting the necessary safety and health standard to enhance the wellbeing of the individuals.

Noise abatement and working hours · Environment Protection Act 2017

· Environment Protection Regulation 2021

· Fair Work Act 2009

 

Ensuring builder to follow local council noise management standard to avoid causing unnecessary disturbance to the neighbours in the surrounding environment.

 

   
a. Discuss the options of using renewable materials over non-renewable materials and low energy materials over high energy materials where possible in order to meet the intent of the environmental legislation and the requirement of sustainability. You must outline at minimum the process of life cycle assessment for building materials and the concept of embodied energy.

 

We are traditionally used to using earth bricks, concrete, and wood in construction. For a better world, there are new processes, and sustainable as well as renewable materials alternatives that can be used in construction.

Embodied energy is the energy associated with the manufacturing of a product or services. The renewable materials is much more lower than non-renewable materials.

For timber, is first being growth in the forest and then being cut down and process in saw mill to be cut and stripped down in to varies shape and sizes depending on the needs of the design. However, no addition treatment and processed is needed much compared to manufacturing process of concrete.

It is also in recycling concrete is a cost effective and sustainable solution for your next project. Using recycled products can supplement traditional crushed rock and aggregates. The quality and performance of recycled crushed concrete is equivalent to virgin aggregate and in most cases more cost effective. It has been used successfully in pavement and road construction by many local councils throughout Australia.

The life cycle stages include: Material extraction, Transportation, Assembly, Construction, Operational Influence of the materials, Maintenance, and Disposal. Moreover the concept of embodied energy relates to a component of Life cycle assessment meaning it is the energy consumed by all of the processes associated with the production of a material throughout the manufacturing process.

 

 

   
What processes could a business use (including the policies, procedures and tools needed to support these) to ensure compliance with environmental protection legislation?

 

· Get an environmental audit

 

· An environmental audit can help to assess the nature and extent of your business’s current impacts on the environment. This will enable you to:

· identify how you could reduce your impact

· prioritise environmental management activities

· demonstrate your accountability to government, customers and shareholders.

 

· Set up an environmental management system

 

· Once you have an understanding of your current impact, an environmental management system (EMS) can help you to plan ahead to manage future impacts on the environment. An EMS can also make it easier to get certain permits for business activities.

Your EMS should:

· identify the environmental impact of your business

· set your environmental objectives and targets

· provide your operational and emergency procedures for environmental issues

· outline responsibilities and your reporting structure

· identify areas for ongoing improvement.

 

· Report on your impacts

 

· It’s a good idea to regularly monitor and report on your impacts on the environment. Common environmental reports made by businesses include:

· greenhouse gas and energy reporting

· corporate sustainability or triple bottom line reporting

· natural resource management monitoring.

· Check government requirements

 

· Australian, state and local governments jointly administer the environmental protection laws in Australia. Environmental laws that affect your business will depend on your business type. As a business owner, you need to understand which laws apply to your business and make sure you meet requirements.

· You may require environmental licences and permits for certain business activities.

 

 

   
b. In regards to fair trading legislation, what are the key rights and obligations of consumers? How are these administered? Discuss the meaning of ‘implied warranties’ in this context.

 

Fair trading laws ensure that trading is fair for your business and your customers. The Competition and consumer act 2010 act broadly covers unfair market practices, industry codes, product safety and product labelling.

The law requires builders and tradespeople to honour warranties and:

· carry out the work in a proper and workmanlike manner, in accordance with the plans and specifications set out in the contract

· ensure all materials supplied by the builder are good and suitable for the purpose and are new, unless otherwise stated in the contract

· carry out the work in accordance with all laws and legal requirements, including the Building Act 1993

· carry out the work with reasonable care and skill and complete works by the date (or within the period) specified by the contract

· ensure new homes, extensions, renovations, repairs and kit homes are suitable for occupation when completed

· ensure other types of work and the material used are fit for the intended purpose.

Implied warranties apply to all building work. The Building Act 1993 allows action to be brought against a builder for up to 10 years from the date the work was completed. This right transfers to a new owner if the property is sold within this time. For more information, seek legal advice – including if the building work is older than 10 years.

Domestic building insurance protects consumers in the event that you die, become insolvent or disappear, and cannot finish the building project or fix defects. It covers costs up to $300,000 to fix structural defects for six years, and non-structural defects for two years.

 

 

 

 

 

 

   
c. In regards to taxation, GST, superannuation and insurance requirements, discuss the requirements of each of the key legislation and the options you have for complying with each. Include in your answer examples of the types of business processes required to support the requirements.
 

· Taxation

In different level taxation requirement different.

In this business structure, the company:

· must apply for a tax file number (TFN) and use it when lodging its annual tax return

· is entitled to an Australian business number (ABN) if it is registered under the Corporations Act 2001. A company not registered under the Corporations law may register for an ABN if it is carrying on an enterprise in Australia

· must be registered for GST if its annual GST turnover is $75,000 or more

· owns the money that the business earns – the individuals who control the business cannot take money out of the business, except as a formal distribution of the profits or wages

· must lodge an annual company tax return

· usually pays its income tax by instalments through the pay as you go (PAYG) instalments system

· pays tax at the company tax rate or lower company tax rate (if a base rate entity)

· may be eligible for small business concessions

· must pay super guarantee contributions (SGC) for any eligible workers. This includes you, if you are a director of the company, and any other company directors.

As a sole trader, you:

· use your individual tax file number when lodging your income tax return

· report all your income in your individual tax return, using the section for business items to show your business income and expenses (there is no separate business tax return for sole traders)

· apply for an ABN and use your ABN for all your business dealings

· register for Goods and Services Tax (GST) if your annual GST turnover is $75,000 or more

· pay tax at the same income tax rates as individual taxpayers and you may be eligible for the small business tax offset

· put aside money to pay your income tax at the end of the financial year – usually, you will do this by paying quarterly Pay As You Go (PAYG) instalmentsclaim a deduction for any personal super contributions you make after notifying your fund.

In a partnership business structure:

· income, losses and control of the business are shared among the partners

· the partnership has its own TFN and must lodge an annual partnership return showing all income and deductions of the business

· the partnership doesn’t pay income tax on the profit it earns – each partner reports their share of the partnership income in their own tax return

· each partner pays tax on their share of the partnership profit at the individual tax rate and may be eligible for the small business tax offset

· the partnership must apply for an ABN and use it for all business dealings

· the partnership must be registered for GST if its annual GST turnover is $75,000 or more.

If you use a trust for your business structure, the trust:

· must have its own tax file number (TFN) for lodging its annual tax return

· must apply for an ABN and use it for all business dealings

· must be registered for GST if annual GST turnover is $75,000 or more

· may be liable to pay tax depending on the wording of its deed and whether any income the trust earns is distributed to its beneficiaries

· may be able to access small business tax concessions

· must pay super for any of its employees (this may include the trustee if they are also employed by the trust).

 

· GST

You must register for GST:

· when your business or enterprise has a GST turnover (gross income from all businesses minus GST) of $75,000 or more – see Working out your GST turnover

· when you start a new business and expect your turnover to reach the GST threshold (or more) in the first year of operation

· if you’re already in business and have reached the GST threshold

· if your non-profit organisation has a GST turnover of $150,000 per year or more

· when you provide taxi or limousine travel for passengers (including ride-sourcing) regardless of your GST turnover – this applies to both owner drivers and if you lease or rent a taxi

· if you want to claim fuel tax credits for your business or enterprise.

 

· Superannuation

Superannuation, or ‘super’, is money put aside by your employer over your working life for you to live on when you retire from work.

Super is important for you, because the more you save, the more money you will have for your retirement.

You can only withdraw your super money in certain circumstances – for example, when you retire or turn 65 years old.

For most people, your employer pays money – ‘contributions’ – into a super account for you. This is called the ‘super guarantee’. They pay these contributions on top of your salary and wages. There are laws about how much super your employer must pay.

Generally, your employer must pay super for you if you are:

18 years old or over, and are paid $450 or more (before tax) in a calendar month

under 18 years old, being paid $450 or more (before tax) in a calendar month and work more than 30 hours in a week.

 

 

· Insurance

As a registered building practitioner, you must have the appropriate insurance for your registration category/class.

The VBA requires evidence that you have insurance or are eligible to purchase insurance (in some cases) before we can grant your application for registration or renew your registration. A company registered as a building practitioner must hold the required insurance in the company’s name.

If we learn that you are no longer covered by the required insurance, we must suspend your registration.

There are three types of insurance for registered building practitioners.

You need professional indemnity insurance for registration in any of the following building practitioner categories and classes:

· Building surveyor (unlimited)

· Building surveyor (limited)

· Building inspector (unlimited)

· Building inspector (limited)

· Building inspector (pool safety)

· Quantity surveyor

· Endorsed Building Engineer (civil, mechanical, electrical and fire safety classes)

· Draftsperson (building design) (architectural, interior and services classes).

https://www.vba.vic.gov.au/building/renewals-other-requirements/building-insurance-requirements

 

 

   
d. In regards to OHS, welfare, workers’ compensation, noise abatement and working hours legislation and regulations, what are the requirements and how can you ensure your business complies?

 

· OHS

OHS requirements through safe work practices at any on or off-site construction workplace. It requires the performance of work in a safe manner through awareness of risks and work requirements, and the planning and performance of safe work practices with concern for personal safety and the safety of others. For achieve this part, we have to provide training and safety guidelines to staff on a regular basis.

 

· Work welfare

Work welfare include facilities are those that are necessary for the well-being of your employees on-site, such as lunchroom, washing, toilet, rest and changing facilities, and somewhere clean to eat and drink during breaks.

 

· Works compensation

Workers’ compensation complies to business to provide protection to all workers if they suffer a work-related injury or a disease, they are entitled to receive compensation for lost wages, medical treatment and return to work assistance. Make sure the company have our own workers compensation insurance.

 

· Notice abatement

Under the Environment Protection Act 2017 a business can comply to noise abatement, noise levels can be assessed against EPA Victoria’s state environment Protection Policy and permit may be required.

We should take reasonable steps to reduce noise from residential construction. Ways to manage construction noise include:

· restricting work and vehicle movements to normal working hours

· scheduling noisy activities to less sensitive times

· advising neighbours of noisy activities

· providing signs with contact details for builder or project manager

· using the lowest noise equipment or technique to do the job

· site and car radios – keep radios close to workers, and at a lower volume.

 

· Working hours

Awards, enterprise agreements and other registered agreements set out any:

· maximum ordinary hours in a day, week, fortnight or month,

· minimum ordinary hours in a day,

· times of the day ordinary hours can be worked (for example, between 7am – 7pm).

Working Hours for full time employees are 76 hours per fortnight and a part time is less than 76 hours, an employee cannot be required to undertake duties more than 38 hours in a week. The ordinary hours can be different for full-time, part-time, and casual employees.

 

https://www.fairwork.gov.au/employment-conditions/hours-of-work-breaks-and-rosters/hours-of-work

 

 

 

   
Q3: What other licensing and builders’ registration requirements apply to construction work in Victoria? For each obligation, identify the source of the requirement (legislation, regulation) when re-registration or renewal is required, how you can check the currency of registration and licensing and the any other requirements such as continuing professional development, other registrations, particular performance or similar.

 

· White card

· Construction induction training (white card), in all In Victoria, all construction induction training courses must be conducted in a face-to-face classroom environment (although some RTO’s have been approved to deliver this training via live video link during the COVID-19 pandemic). Construction Induction Training is not permitted to be delivered by online training or elearning (computer based training that is completed at your own pace, at a time convenient to you).

 

· Domestic Builder (Unlimited)

· Domestic building work is work associated with the construction, renovation, improvement or maintenance of a home. Homes are class 1, 2 and 4 buildings, and associated class 10 buildings (see Building classes). There are 30 classes of domestic building work.

· People registered in the class of Domestic Builder Unlimited are responsible for carrying out, or managing or arranging the carrying out of all components of domestic building work for the construction, renovation, improvement or maintenance of a home.

· A person registered in a Domestic Builder Limited class may be limited to carrying out, or managing or arranging the carrying out of certain types of domestic building work, such as being limited to carpentry work or glazing work.

· https://www.vba.vic.gov.au/registration-and-licensing/building-practitioner-registration/domestic-builder

· Domestic Builder (Limited)

· If your intended to carry out work in one domestic project you don’t have to register but if you’re carrying out more than one domestic projects, you have to register.

· https://www.vba.vic.gov.au/registration-and-licensing/building-practitioner-registration/domestic-builder

 

 

 

· Commercial Builder (Unlimited)

· Provide evidence of your pass work experience of classes 1 – 10 buildings

· And provide evidence of your pass work experience of Type A, B and C constructions.

· Provide necessary education background.

 

· Commercial Builder (Limited)

· Provide evidence of the project you were in charge of. (Minimum 3)

· From the start to the finish

· Provide evidence of your necessary education background, essential but not mandatory

· Sign off by an actual builder.

 

 

· Plumbing Registration and Licensing

 

· The Victorian Building Authority (VBA) regulates plumbers, plumbing work and plumbing standards. To lawfully carry out plumbing work in one or more of these classes in Victoria, you must be one of the following: licensed in the class; registered in the class (or hold provisional registration in the class); be in training under the supervision of a licensed plumber.

· https://www.vba.vic.gov.au/registration-and-licensing/plumbing-registration-and-licensing

 

· Building Surveyor

 

· Building surveyors provide independent oversight of buildings and building work throughout the construction process and upon completion of construction to ensure that buildings are safe for use, accessible and energy efficient.

· There are two classes in which you can apply to register: Building Surveyor (Limited); Building Surveyor (Unlimited)

· Note that we will also consider applications for Building Surveyor (Limited) from applicants with practical experience restricted to class 1 and 10 buildings. If you wish to be assessed on this basis, provide a cover letter with your application form setting out this request.

· https://www.vba.vic.gov.au/registration-and-licensing/building-practitioner-registration/what-is-building-surveyor-work

 

· Building Inspector

· Building inspectors perform an important role in monitoring building standards in Victoria. They carry out inspections of building work on behalf of the relevant building surveyor.

· This category of building practitioner has three classes in which you can apply to register: Building Inspector (Limited); Building Inspector (Unlimited); Building Inspector (Pool safety)

· Note that we will also consider applications for Building Inspector (Limited) (limited to inspecting all classes of building up to three storeys in height, excluding buildings with a basement, and a floor area of up to 500 square metres) from applicants with practical experience restricted to class 1 and 10 buildings. If you wish to be assessed on this basis, provide a cover letter with your application form setting out this request.

· https://www.vba.vic.gov.au/registration-and-licensing/building-practitioner-registration/what-is-building-inspection-work

 

 

   
Q4: A large amount of your construction work, which is Victorian based, is carried out in council controlled areas. Research and discuss some of the specific areas that councils regulate and provide the by laws where relevant.

 

· In this question the construction work in the city of Maroondah.

 

· It should get planning permit first. In this large amount of construction work, the Planning applications must include: Title, Metropolitan planning levy, Feature and level survey, Neighbourhood and site description, Design response, Proposed site layout palns, Proposed elevation plans, Proposed elevation plans, Arborist report. All this based on Planning and Environment Act 1987 (the Act) & Planning and Environment regulations.

 

· The construction work needs building permit. All regulation complying with The Building Act 1993, The Building Regulations 2018, Building Code of Australia, National Construction Code 2019, Heritage Act 2017.

It include A Building Permit Application form, Copy of Title and Plan of Subdivision, Builders Insurance (domestic building work only), Plans, Site Plan showing, Siting requirements, Elevation Plan showing, Floor Plan showing, Section Plan showing, Specifications, Soil Report, Termite Protection, Protection of Adjoining Property, Structural Drawing & Computations, Planning Permit, BAL Assessment, 6 Star Energy Rating Report/ Part J Assessment, Legal Point of Discharge (LPD), Report and Consent, Demolition.

 

· For construction work, it include Building and Construction Industry Improvement Act 2005, Fair Work Act 2009, Independent Contractors Act 2006. All this legislation protect employee, employer, Investor and community.

 

· In safety part, the construction site should follow The Victorian Occupational Health and Safety Act (2004).

 

 

 

 

   
Q5: For each of the steps below, identify the requirements and some of the ways that you can meet your obligations as an employer for an employee during return to work:

Plan for your worker’s return to work
 

· A return to work (RTW) plan is developed to help an injured worker stay at work or return to their pre-injury work duties. In the health care industry, RTW plans are done by a rehabilitation consultant. The aim is to create a simple plan to help an injured worker return to work in the most efficient and safe way possible. RTW plans should include a wide range of assessment services and strategies to help the worker return to their same employer or new employer after injury.

It include Assessment services: Assessing the capabilities of the injured worker. Includes assessing current symptoms, psychological factors, transferrable work skills and earning capacity.

Same employer: Keeping the worker employed at their current workplace after injury or illness. This may involve getting back to pre-injury duties or transitioning to a different role. This process includes psychological case management, work trials and job task analysis.

New employer: Transitioning the worker to a new workplace after injury or illness. This process involves an initial needs assessment, labour market analysis and transferrable skills analysis. Rehab Management offers different programs under new employer services including RMExpress, RMIntensive, RMReach and RM Step into Work.

A return to work plan should be:

· Developed using appropriate expertise, like an approved rehabilitation provider.

· Developed with the injured worker and treating medical professionals.

· Personalised and outline the steps to successfully get the worker back to work.

· Recognise existing skills and capabilities of the injured worker.

· When it’s not possible for the worker to return to the same pre-injury duties, utilise retraining to find suitable employment.

 

   
Monitor your worker’s progress
 

· A big part of successfully returning to work is developing a monitoring plan. This plan attempts to anticipate challenges and provides opportunities for addressing these challenges as they arise.

Ongoing monitoring helps to assess whether:

· the employee can handle the demands of the job

· the adjustments set up in the return to work plan address the employee’s current limitations and restrictions

· unforeseen late and side effects of injury or its treatment present new challenges

· rest area need to be changed

A monitoring plan can describe:

· the number of workdays and hours per day that the employee will be expected to complete

· how, by whom and how often the employee’s progress will be monitored, recorded and shared

· how return to work and accommodation plans will be modified

· how work hours and tasks will gradually increase

· the anticipated schedule for increasing work hours and resumption of tasks

· regular meetings between the supervisor and employee to monitor the return to work

 

   
Provide suitable employment

 

· The employer must provide suitable employment to a worker if they are unable to return to their pre-injury work, for a period of 52 weeks following the injury. When a worker has returned to full capacity, the employer must provide them with employment at the same level as before their injury, or equivalent. Suitable duties may involve reduced hours or modified/alternative duties that are a better fit for the capacity and restrictions of the worker after their injury. If an employer cannot provide suitable or pre-injury employment, they will need to demonstrate why this is so. More information about what constitutes suitable employment can be found

 

 

 

 

 

   
Appoint a return to work coordinator

 

· Victoria’s workers compensation legislation requires that an employer must appoint a person to be a Return to Work Coordinator who has an appropriate level of seniority and is competent to assist the employer to meet the employer’s Return to Work obligations under the legislation. A person is competent to assist the employer to meet its obligations under the legislation if the person has knowledge, skills or experience relevant to planning for return to work, including:

(a) knowledge of the Return to Work obligations of employers and workers under the legislation.

(b) knowledge of the compensation scheme provided for under the legislation and the functions of WorkSafe and, if relevant, self-insurers under the legislation.

 

· Return to Work Coordinator is required to have a sufficient level of seniority to assist their employer meet their return to work obligations under the legislation.

 

· WorkSafe considers that a Return to Work Coordinator is competent if they have the required knowledge, skills or experience in order for them to perform their role. The required knowledge, skills or experience include:

 

· knowledge of the employer’s return to work obligations under the legislation including the employer’s obligation to provide the worker with pre-injury or suitable employment for the duration of the employer obligation period to the extent that it is reasonable to do so

· an understanding of the role of the Return to Work Coordinator

· an understanding of the steps that employers should take following a work-related injury

· an understanding of the rights and obligations of injured workers

· an understanding of how to plan a worker’s return to work, including the steps required to provide pre-injury or suitable employment

· an understanding of which people the employer is required to consult with during the return to work process and the steps involved in this consultation process

· an ability to communicate with the diverse range of people involved in the return to work process

· knowledge of where support, information and guidance is available and an ability to seek this assistance and guidance when appropriate

· an understanding of the importance of maintaining the confidentiality of the worker’s private information in accordance with the legislation and applicable privacy legislation and how to do this

· an understanding of the procedure to be used by the workplace (agreed or specified by Ministerial Direction) when resolving a return to work issue

· an understanding of the functions of the Return to Work Inspectorate and their role in enforcing compliance with the legislation.

· knowledge of the Victorian workers compensation scheme,

· knowledge of the functions of WorkSafe in relation to return to work. Ideally, these compet.

 

 

   
Provide a safe work environment

 

· A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. The WHS Regulations place more specific obligations on a person conducting a business or undertaking in relation to the work environment and facilities for workers, including requirements to:

· ensure, so far as is reasonably practicable, that the layout of the workplace, lighting and ventilation enables workers to carry out work without risks to health and safety

· ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing and eating facilities

· manage risks associated with remote and isolated work

· prepare emergency plans.

 

 

   
Keep worker’s information private and confidential
 

· Best practice employers know how important it is to keep their employees’ personal information private. They have clear policies that set out what information the business can collect and keep, and when it can be passed on to others. Every workplace can enjoy the benefits of taking a best practice approach to workplace privacy. These may include:

· complying with legal obligations

· increased employee confidence and trust

· certainty and security for both you and your employees.

 

· The Fair Work Act 2009 requires all employers to keep certain personal information about employees in their employee records.

Personal information held by an employer, relating to someone’s current or former employment, isn’t covered by the Australian Privacy Principles, but only when used by the employer directly in relation to their employment. This information includes:

· the employee’s personal and emergency contact details

· information about terms and conditions of employment

· wage or salary details

· leave balances

· records of work hours

· records of engagement, resignation or termination of employment

· information about training, performance and conduct

· taxation, banking or superannuation details

· union, professional or trade association membership information.

· The Australian Privacy Principles do apply to personal information about unsuccessful job candidates. This can include applicants’ resumes, contact details, references and academic transcripts.

 

   
Avoid discriminatory conduct

 

· Discrimination may be caused by you as an employer or by other workers, but you still have the responsibility to monitor, manage and help prevent discrimination in your workplace.

To do this, take the following steps:

· educate all your workers about discrimination;

· encourage workers to respect each other’s differences;

· respond to any evidence or complaints of inappropriate behaviour;

· deal with any complaints of discrimination promptly and confidentially;

· develop a workplace policy that prohibits discrimination;

· train supervisors and managers on how to respond to discrimination in the workplace;

· make sure the workplace policy is properly enforced; and

· review the policy regularly to ensure that its effectiveness is maintained.

 

 

   
Q6: For each of the following responsibilities required for operating a construction business, outline the some of the duties that the business should embed into its practice:

· Record keeping

· Taxation

· Employees

· Solvency

 

· Record keeping

· Record keeping is how you log, store and dispose of important financial information for your business. Records are: source documents, both physical and electronic, that show transaction dates and amounts. contracts and other legal documents, client files, purchase orders, emails, employment applications.

· In general, you need to keep most records for five years. Starting from when you prepared or obtained the records, or completed the transactions (or acts they relate to).

· There are manual bookkeeping, electronic bookkeeping, accounting software, web-based bookkeeping, spreadsheet accounting, piout-of-sale(POS) systems.

 

· Taxation

· The meaning of business taxation refers to the taxes that businesses must pay as a normal part of business operations. Whether you are a sole proprietor, partner, part of a limited liability company, or a corporation, your business is responsible for adhering to tax regulations. You must register ABN number if you are doing any business work. Company have ACN number and f you run a business or other enterprise and have a GST turnover of $75,000 or more ($150,000 or more for non-profit organisations).

 

· Employees

· Employees are to be responsible for their represented role based on what they have agreed with their employer(s). Whether you’re an employee or contractor operating in the construction business, they depend on different factors such as independent contractors work for themselves, and employees work in someone else’s business. The employer will control how, where and when they commence their work along with pay and wages for them. Employees must be always and remained safe to operate in a safe reputable construction business.

 

· Solvency

· A declaration of solvency must be completed annually by the directors. The ability of the construction business to meet its long-term debts and other financial obligations. Solvency will help measure the construction business financial health and demonstrate the company’s ability to manage operations into the foreseeable future. To Achieve Solvency as a business the business must increase sales but in a legal and consumer satisfactory manner, Increase profitability meaning focus to build a bigger profit margin.

 

 

 

 

   
Q7: What is the current legal requirement for keeping business records and what are some examples of the the types of records that a small business needs to keep?

 

· The Corporations Act 2001 (Cth) (the Act) obliges all companies to maintain written financial records that accurately record and explain its transactions, financial position and performance. These records must permit the preparation and audit of true and fair financial statements.

 

· ATO reminds company must keep all them business records for five years, including tax invoices, receipts, salary and wages records, tax returns and activity statements, and super contributions for employees.

https://www.ato.gov.au/business/record-keeping-for-business/overview-of-record-keeping-rules-for-business/

Examples of records your company should keep

Below are some examples of records and documents that your company should have:

Financial statements

This includes things like profit and loss statements, balance sheets, depreciation schedules and taxation returns.

 

General ledgers and journals

 

Electronic copies of critical documents

We’d recommend backing up your most critical business documents on a weekly or even daily basis.

 

Cash records

This includes cash receipts, records of bank deposits, petty cash books, and cheque butts.

 

Bank statements and loan documents

 

Sales and debtor records

 

Invoices and statements received and paid

This can include correspondence, annual returns, wage records, and superannuation records.

 

Any unpaid invoices

Minutes of members or directors’ meetings

Any resolutions passed by directors or members should also be minuted.

 

Any relevant registers

This can include a register of members, options, debenture holders, assets or any other relevant items.

 

Deeds

This can be deeds of trust, debentures, contracts and agreements, or any inter-company transactions.

Employees records

 

 

 

 

 

 

 

   
Q8: Answer the following questions regarding Equal Employment Opportunity (EEO) legislation.

Give a definition of the principle of EEO legislation:

 

· EEO meaning Equal Employment Opportunity is the principle that every person, regardless of attributes such as race, gender or sexual orientation, has an equal opportunity to find employment based on merit. In Australia, several pieces of legislation seek to ensure equal opportunity and prevent discrimination in the workplace.

 

 

   
Outline the protected attributes covered by the legislation in Victoria. For each attribute, discuss some of the ways that breaches occur and some of the options you can embed in your practices to protect them.

 

· In Victoria, it is against the law for someone to discriminate against people because of certain protected characteristics. These are:

age

breastfeeding

gender identity

disability (which also includes discrimination based on having an assistance aid supporting a person with disability – this includes equipment like a wheelchair or cane, an assistance dog or a person providing assistance or services to them)

employment activity (this means asking your employer about your entitlements, or raising a concern that you are not receiving your entitlements)

industrial activity

lawful sexual activity

marital status

status as a parent or carer

physical features

pregnancy

race

sex

sexual orientation

sex characteristics (physical features relating to sex)

political or religious beliefs or activities

an expunged homosexual conviction (a person who has successfully applied to have their historic homosexual conviction removed from the record)

a spent conviction (from 1 December 2021, some kinds of convictions may be ‘spent’, and not appear on a person’s criminal record, if they do not reoffend within a certain period)

personal association with anyone who has any of these characteristics.

These are often referred to as ‘protected attributes’ or ‘protected characteristics’.

 

· One is sex discrimination, which means sex discrimination is when someone treats people unfairly or bullies them because of sex. It is happened when the people on workplace. Not only for woman but also for man and people identify themselves gender that may or may not be the same as the sex they were.

Example of sex discrimination like a father not being offered a place in the local mothers’ group even though he is the primary carer for his baby.

With good complaints procedure makes effective way for protect employees.

· conveys the message that the organisation takes sexual harassment seriously

· can prevent escalation of a case and maintain positive workplace relationships

· ensures that complaints are dealt with consistently and in a timely manner

· reduces the likelihood of external agency involvement which can be time consuming, costly and damaging to public image

· alerts an organisation to patterns of unacceptable conduct and highlights the need for prevention strategies in particular areas

· reduces the risk of an employer being held liable under the Sex Discrimination Act and other anti-discrimination laws

· can help to minimise the harm suffered by the person harassed

· reduces the risk of the employer being held to have treated the alleged harasser unfairly, such as in an unfair dismissal claim.

 

· Second is race discrimination, and when people treats another one unfairly or bullies that person because of race, skin colour, ancestry, nationality or ethnic background.

For example, Not allowing someone from a particular racial group to join a club because they ‘wouldn’t fit in’.

 

   
Outline the steps that need to be taken to ensure that EEO matters are dealt with effectively within a work environment

 

· 1. Understanding Vicarious Liability as well as effects on the mental health of your current and potential future employees

Absence of equal employment opportunity standards not only makes people at risk of claims for legal liability amounting to thousands of dollars but also affects the mental health of employment seekers and employees, contractors and volunteers. In other words, people should invest time in clearly defining why EEO is important for the organisation.

 

· 2. (Re)Educating

Education is the key, manager need to educate your workforce on the role they play in creating a workforce that is discrimination-free.

 

· 3. Recognising the types of behaviour that are discrimination

When it comes to workplace discrimination not all kinds of discrimination are easy to identify. Subtle behaviours like an unequal work assignment, discrimination while promoting, not being invited to parties, leering, unwanted compliments are all kinds of workplace harassment that should not be ignored.

 

· 4. Saying No to Victim Shaming

In the latest report by the Australian Human Rights Commission, only 17% of employees that faced sexual harassment went on to report it. The major reason for this is the fear of victim shaming, where the victim is further humiliated and threatened.

As a responsible employer, manager should create an environment that makes employees feel safe, secure and supported, one which encourages them to speak up if things are not right.

 

 

 

   
Q9: What are the current requirements for employers regarding contributions to their employees mandatory superannuation fund?

 

· Employers are generally required by law to contribute a compulsory 10% of Ordinary Time Earnings into super.

https://www.vicsuper.com.au/our-products/superannuation/contribute-to-my-super/employer-contributions#:~:text=Employers%20are%20generally%20required%20by,part%20of%20your%20salary%20package.

 

   
Q10: What steps that can be taken to ensure that the best interests of clients are being promoted within the terms of a contract?

 

· Put details of the parties to the contract, including any sub-contracting arrangements.

· Include duration or period of the contract.

· With definitions of key terms used within the contract

· With a description of the goods and/or services that your business will receive or provide, including key deliverables

· There are payment details and dates, including whether interest will be applied to late payments.

· Have key dates and milestones.

· Required insurance and indemnity provisions

· Guarantee provisions, including director’s guarantees

· With damages or penalty provisions

· Have renegotiation or renewal options

· Include complaints and dispute resolution process

· Have termination conditions

· With special condition

 

 

   

 

 

 

 

 

 

 

 

 

 

 

Section C – Feedback to Student

 

Has the student successfully completed the task? Yes No
     
Feedback to student:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessor Name Date

 

 

 

 

 

 

 

[ CPCCBC5007B_Assessment 1 – Knowledge Assessment (Student)]] [ 1 of 3 ] [ 28/11/2019]

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