CPCCBC5005 Select and Manage Building and Construction Contractors - Assessment Task 1

Assistance on Knowledge Assessment

Assessment Task 1 - Knowledge Assessment

Preliminary Task

Questions 1 and 6 of this Knowledge Assessment requires you to refer to the building and construction requirements and laws of your state/territory.

For your assessor’s reference, indicate below which state/territory you are currently based or located in by ticking the box that corresponds to your answer.

When answering Questions 1 and 6, you must refer to the building and construction requirements and laws of the state/territory you ticked below.

1. Access and review the legislation listed below and answer the following questions:

· Fair Work Act 2009

· Independent Contractors Act 2006

i. Identify one industrial law in your state/territory that is not excluded by the Fair Work Act 2009.

ii. According to the Fair Work Act 2009, what are three circumstances where adverse action is taken against a contractor who has already been engaged?

iii. According to the Independent Contractors Act 2006, what are five grounds that can be used to decide if a services contract is unfair?

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2. List three government organisations that have a role in the Fair Work system established by the Fair Work Act 2009.

ii.

iii.

3. Answer the following questions about industrial relations processes.

i. What are the four sub-processes involved in the regulation of the employment relationship?

ii. When is the only time the Fair Work Commission (FWC) can deal with a dispute between the employer and the contractor?

4. Answer the following questions about quality assurance related to building and construction contractor contracts.

i. Why is it important to include quality assurance provisions in contracts with building and construction contractors?

ii. Provide one example of what information might be included in quality assurance provisions of a contract with a building and construction contractor.

5. Answer the following questions about contracts and workplace agreements for building and construction contractors.

i. What is the difference between a contract and a workplace agreement?

ii. What are three things courts may take into consideration when they are asked to review a contract with a building and construction contractor on unfairness grounds?

6. Answer the following questions about license requirements for building and construction contractors.

i. What government service can you use to identify relevant licence requirements that you must comply with?

ii. What are the types of builder licenses available in your state/territory? Identify all the main types of licenses in your state/territory.

7. Briefly explain how employees and contractors differ from one another in each area listed below.

Areas of difference	How employees and contractors differ
i. Work hours
ii. Tools and equipment
iii. Payment method
iv. Paid leaves

8. Answer the following questions about subcontracting in the building and construction industry.

i. What is one reason subcontractors are usually used in the building and construction industry? Briefly explain your answer.

ii. Why is it important to know what the industry benchmarks are for subcontractors?

9. For each item listed below, briefly explain why it is important to know this before hiring subcontractors for a building and construction project.

	Why it is important to know this before hiring subcontractors
i. The sequence of work to be done
ii. Nature of the job roles involved
iii. The entire project timeframe
iv. Number of hours required for work

10. For each item listed below, briefly explain its relevance to managing subcontractor performance.

	Relevance to managing subcontractor performance
i. Performance benchmarks
ii. Project meetings
iii. Provision of progress reports
iv. Monitoring performance against project timelines and objectives

11. Listed below are sources of information that you can access when evaluating a subcontractor’s performance. For each source, identify the following when you are gathering information about a subcontractor who is not performing well:

· One advantage

· One disadvantage

Sources of Information	Advantage	Disadvantage
i. Feedback from non-managerial workers that work with them
ii. Input from project managers and administrators
iii. Examination of data provided by subcontractor
iv. Input about subcontractor performance from other relevant organisations
v. Observation of the subcontractor on other project sites
vi. Subcontractor performance records from previous associations

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