You are acting on behalf of RBHoldings. You will research and report on the required legal obligations of the business and identify the processes to apply legal requirements to building and construction

Assignment Task

Specific task instructions

The instructions and the criteria in the tasks and activities below will be used by the Teacher/Assessor to determine if the student has satisfactorily completed this assessment event. Use these instructions as a guide to ensure the student demonstrates the required knowledge and skills.

RBHoldings work scenario

You are acting on behalf of RBHoldings. You will research and report on the required legal obligations of the business and identify the processes to apply legal requirements to building and construction projects according to the following details.

RBHoldings

RBHoldings is a simulated organisation created by TAFE NSW to realistically replicate workplace conditions. RBHoldings maintains policies, procedures, project plans, and supporting appendices for student access. Links to RBHoldings are provided within this assessment.

Business Structure – Company.Business Location – Eastloch, N.S.W.For this project assessment, Eastloch is a suburb within the City of Sydney L.G.A.Business type – Building Contractor.RBHoldings Team profile (List of current employees on RBHoldings intranet site).Current Licence types held by RBHoldingsBuilding (general building work) Contractor licence.Nominated supervisor licence.Carpentry contractor licence.Industrial agreements for payment of wages.Modern awards.Subcontractor agreements.

1: Identify legislation relating to the construction project

Task

1.1: Classify buildings

You need to analyse the provided building plans and RBHoldings work scenario to answer questions related to the 2 projects currently being completed by RBHoldings. You will research building classes relating to residence and factory projects.

As evidence of completing this task, you must use response template 1.1 to document the following:

Types and classes of the 2 buildings and structures in the RBHoldings work scenario according to information in the N.C.C. 2019. State why each Class has been determined.

Step

1. Research

Project plans from the RBHoldings intranet site:The Montague Two-Storey Residence PlansFactory and Office PlansNational Construction Code 2019.

2. Complete

Write your responses using the provided Task 1.1 response template, ensuring the context applies to the RBHoldings current projects as listed in the work scenario:The Montague two-storey residenceFactory and office space plans.Include explanatory information about each Class of building and structure identified.

1.2: Determine licencing, approvals and permits

You need to analyse the provided building plans and RBHoldings current work scenario to answer questions related to the 2 projects being completed. You will examine Appendix A: Schedule of Works for projects and determine licencing requirements relating to residence and factory projects.

As evidence of completing the task, you must use response template 1.2 to document the following:

List the licencing requirements for each project, including contractors/subcontractors, site supervisors and managers.Discuss limitations of registration and licencing for RBHoldings as a company.Briefly describe the planning approval pathways for each project, including:details of restrictions, limitations, and conditions from building approvals and permits for the projects.

Step

1. Research

RBHoldings intranet site – project plans and staff profile.RB Holdings’ current work scenario and Appendix A: Schedule of Works show approvals and permits applicable to each project listed in the scenario.Government building and construction legislation relating to builder’s registration, licencing and approvals.

2. Complete

Write your responses using Task 1.2 response template, ensuring the context applies to the RBHoldings current projects as listed in the work scenario:The Montague two-storey residence.Factory and office plans.

1.3: Identify legal obligations -Contracts and industrial relations

You need to analyse the provided building plans and RBHoldings work scenario to answer questions related to the 2 projects being completed.

As evidence of completing the task you must identify relevant government Acts and regulations and legal requirements for each of the following in relation to the construction work identified in the RBHoldings work scenario:

Identify the legal requirements for residential building contracts and briefly describe small and large contract values.Identify the legal requirements for commercial project contracts and briefly describe the application of Australian standards.Identify the legal requirements for mandatory insurance for residential projects and other relevant Contract Works and liability insurances.Identify employer industrial relations obligations, including employment arrangements and minimum entitlements for workers.Identify the legal requirements for payroll, paying of wages and security of payment for employees and independent contractors.

Step

1. Research

Government building and construction legislation relating to building contracts, construction insurance, industrial relations, and payroll.Current Australian standards.

2. Complete

Write your responses using Task 1.3 response template, ensuring the context applies to the RBHolding’s current projects as listed in the work scenario.

1.4: Identify legal obligations -Acts and legislation

You need to analyse the provided building plans and RBHoldings work scenario to answer questions related to the 2 projects being completed.

As evidence of completing the task, you must identify relevant government Acts and regulations and legal requirements for each of the following in relation to the construction work identified in the RBHoldings work scenario:

Identify the legal requirements for building sustainability, environmental and waste management, including environmental controls, construction site compliance and BASIX.Identify work health and safety (WHS) legislation and the Code of Practice – Construction Work requirements.

Step

1. Research

Government building and construction legislation relating to building sustainability, environmental and waste management.Current WHS legislation and SafeWork NSW- codes of practice.

2. Complete

Write your responses in Task 1.4 response template, ensuring the context applies to the current RBHoldings projects listed in the work scenario.

2.1: Apply relevant WHS requirements

You need to apply the site safety requirements of WHS regulations, building and construction standards, and codes that apply to the RBHoldings work scenario. As evidence of completing the task, you must:

Complete the Risk Assessment template documenting at least 3 high-risk work for the current projects, including: 

High-risk work activitiesHazard identificationRisks analysisRisk ratings and control measures

Use response template 2.1 to document the following:

Explain what licencing is required for each project, according to each type of identified high-risk work.Describe what types of safety signage and site security measures are required for each project.

Step

1. Research

Current building and construction WHS legislation and codes of practice.RB Holdings organisational policies and procedures relating to implementing WHS requirements in this task.Work Health & Safety PlanRisk assessment templateRB Holdings current work scenario and Appendix A: Schedule of Work.

2. Complete

Risk Assessment template including identification of at least 3 hazardsTask 1.4 response template, ensuring the context applies to the RB Holdings current projects as listed in the work scenario.

2.2: Adapt and implement WHS strategies and procedures

You are to apply WHS regulations to adapt and implement work health and safety strategies that ensure workers are inducted, informed, and regularly updated on their on-site safety responsibilities.

As evidence of completing the task, you must develop and produce a toolbox talk document that could be used on the job sites detailed in the RBHoldings work scenario.

Step

1. Research

Current building and construction WHS legislation and codes of practice.RB Holdings organisational policies, procedures and work scenario relating to the implementation of WHS requirements in this task.WHS Act 2011 and WHS Regulation 2017 N.S.W.

2. Complete

From your research, produce a toolbox talk document that includes the following information:

Workers’ WHS obligations and responsibilities.Workers’ WHS rights.A list of safe work practices to consider when completing high-risk construction work greater than 2 metres for both projects.Provide a minimum of 5 key safe work practices.Your toolbox talk document will also contain conventional template ‘fields and headings, including:The company, workplace, date & time, workplace, presenter, signatory, topics discussed and comments.Provide references in the task 2.2 response template citing research material used.

3. Apply contract law and contract agreements

You are to apply contract law and contract agreements in accordance with common law principles, relevant state or territory laws and regulations, and fair-trading legislation.

As evidence of completing this task, you must use response template 3.1 to document the following:

Explain the common law principles of a valid contract, that must be applied to the RBHoldings building contracts.Describe how RBHoldings will ensure it meets all conditions and obligations of contract agreements during the construction of projects.

Using the home building contract for work over $20,000 and Appendix B: Contract agreement summary complete the Montague Residence building contract.

Step

1. Research

Common law principles.NSW Government regulator – Office of Fair Trading and relevant construction industry contracts.Current building and construction legislation and Australian standard(s).

2. Complete

Write your responses in Task 3.1 response template, ensuring the context applies to the RBHoldings current projects as listed in the work scenario.Complete the home building contract for The Montague residence documenting Appendix B: Contract agreement summary information:depositcommencement of worktime for completion5 provisional sums5 prime cost itemsprogress payments.

4. Subcontractor agreements

You need to apply legal obligations and relevant legislative requirements applicable to subcontractor agreements.

As evidence of completing this task, you must use the information provided in Appendix C: Subcontractor arrangements to complete the Subcontractor Agreement template.

Step

1. Research

To complete this task, you will need access to:

Appendix C: Subcontractor arrangements.Sub-contractor Certificates of Currency to enable completion of subcontractor agreement.Subcontractor Agreement template.Project plans – The Montague – 2 Storey Residence

2. Complete

Enter arrangements into the subcontractor agreement template.

You must provide your completed RBHoldings subcontractor agreement in the form of an appendix to this assessment document.

5. Resolve disputes and complaints

You need to apply dispute resolution processes following organisational policies to establish, document, and resolve a dispute.

As evidence of completing this task, you must complete the following in relation to the payroll dispute scenario.

Apply a dispute resolution process to the scenario according to the provided RBHoldings dispute resolution policy.Produce a record of the dispute.

Step

1. Research

To complete this task, you will need access to

2. Complete

Use the Record of Dispute template to document the following:

A summary of the complaints and key points of the disputeDetails for how the complainant would like the issue resolvedA detailed dispute solution that considers all parties’ needs and obligations.