Assessment Task 2 - Practical Assignment
Overview
| This assessment is divided into two tasks:
1. Part 1 – Researching Legal Topics Relevant to Subcontractor Engagement 2. Part 2 – Establishing Subcontractor Resource Requirements For these tasks, assume that you are working in a building and construction project and that you are about to conduct hiring of subcontractors for the project. Before starting this assessment, your assessor will organise the resources required for this assessment (listed below). You are required to: · Access and review relevant sources of legal information and workplace documents · Determine workplace obligations to subcontractors · Determine subcontractor rights · Determine details about subcontractor resource requirements of the building and construction project · Document these details about subcontractor resource requirements · Come up with a formal subcontractor structure · Where relevant, record your answers in the spaces provided in each task |
| Resources required for assessment:
· Equipment and programs to access and extract information · The following legislation: § Fair Work Act 2009 § Independent Contractors Act 2006 § Legislation relevant to contracts · The following workplace documents: § A project plan containing the following information: o The expected construction tasks involved in the project o The expected sequence of construction work in the project o The expected volume of work in the construction project, both current and projected § A contract for the building and construction project § A business plan containing the following information: o Personnel plan o Estimated project labour costs § A template for a formal subcontractor structure |
Part 1 – Researching Relevant Legal Topics Relevant to Subcontractor Engagement
| 1. Access and review the legislation listed below and answer the following questions:
· Fair Work Act 2009 · Independent Contractors Act 2006 |
| i. Are subcontractors protected by the Fair Work Act 2009?
Tick the box that corresponds to your answer. ¨ YES ¨ NO |
| ii. Explain your answer: |
| iii. What are the implications of engaging subcontractors for the employer/workplace as per business.gov.au Employee or contractor document |
| iv. Under the Independent Contractors Act 2006, on what grounds can a subcontractor submit a services contract for review to the Federal Court of Australia? List two grounds.
a. b. |
| v. When is an employer/workplace required to pay a subcontractor they engaged?
Tick the box that corresponds to your answer. ¨ After regular periods of time (e.g., every end of the month) ¨ After completing each stage of the construction project ¨ At the very end of the construction project ¨ Depends on the agreement in the contract |
| vi. When is an employer/workplace required to pay for their subcontractor’s superannuation? List two conditions.
a. b. |
| vii. Provide a link to where you sourced the information for your answers. You may provide more than one link. |
| 2. Answer the following questions about contract legal matters relevant to engaging subcontractors. |
| i. If the court that reviews a services contract finds it harsh or unfair, what can they order? List two.
a. b. |
| ii. Briefly explain how the Australian Consumer Law (ACL) applies to subcontractor contracts. |
| iii. What criteria can courts use to determine if a contract is a standard form contract? List seven.
a. b. c. d. e. f. g. |
| iv. Provide a link to where you sourced the information for your answers. You may provide more than one link. |
| 3. Review the scenario below:
The subcontractor (first-tier subcontractor) you hired for this project is carrying on a business that is primarily in the building and construction industry. He hires another subcontractor (second-tier subcontractor) to assist with their current workload. Answer the following questions. |
| i. What subcontractor payments are you required to report to the Australian Taxation Office (ATO)? |
| ii. Will the first-tier subcontractor also be required to report to ATO?
Tick the box that corresponds to your answer. ¨ YES ¨ NO If you answered YES, what payments do they need to report to ATO? |
Part 2 – Establishing Subcontractor Resource Requirements
| Access and review the following documents from your organisation:
· A building and construction project plan containing the following information: § The expected construction tasks involved in the project § The expected sequence of construction work in the project § The volume of work in the construction project, both current and projected · A contract for the building and construction project · A business plan containing the following information: § Personnel plan § Estimated project labour costs Based on the documents you have reviewed, determine the following: · The types of subcontractors needed for the building and construction project § The competencies required for each type of subcontractor You must determine these competencies based on an analyses of tasks involved in the building and construction project. The analyses must take into consideration: o The nature of the work that needs to be done o The organisational structure § The number of subcontractors needed for each type · Engagement prioritisation for subcontractors based on the building and construction project’s schedule Engagement prioritisation refers to the sequence in which subcontractors will be hired. For example, if electrical work is scheduled to take place during Week 2 of the project and plumbing work is scheduled to take place during Week 4, then engaging electricians will be prioritised over engaging plumbers. |
| In addition, document a formal subcontractor structure for the building and construction project. Use the template you have been provided along with this workbook or your organisation’s template for documenting formal subcontractor structures.
After completing this task, submit the following to your assessor: · A copy of the task analyses that you conducted to identify the competencies required for each type of subcontractor · A copy of the formal subcontractor structure that you developed (or similar workplace document) · A copy of the building and construction project plan that you reviewed · A copy of the contract for the building and construction project that you reviewed · A copy of the business plan that you reviewed |
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