Elements and Performance Criteria

The Range of Variables statement provides details of the scope of the Elements and Performance Criteria to allow for differences within enterprises and workplaces, including practices, knowledge and requirements. The Range of Variables also provides a focus for assessment and relates to the unit as a whole. The variables listed should be considered indicative rather than exhaustive and should be used as applicable to the job role or function.

General Contexts may include but are not limited to
Type of products and services provided
Business policy and procedures with regard to the acquisition and sale of products and services
Size, type and location of business
Business merchandise range
Strategic measurement and evaluation systems and processes
Characteristics of the specific product(s) or service(s)
Management structure and communication relationships
Business service range
Customers including other businesses or end consumers serviced through business customers or directly
Varying levels of staff training
Worksite specific context, variations and environments

Workplace Contexts may include but are not limited to
Workplace-specific guidelines, policies and practices
Conditions of service, legislation and industrial agreements
Consultative processes may involve
Staff members
Teams
Management
Union representatives
Industrial relations, Occupational Health & Safety specialists
Other professional or technical staff
Relevant personnel may vary with context, level of employment, ascribed duties, nature of enquiry or response required.

Applicable State/ Territory/ Commonwealth regulations and legislation may include but are not limited to
Occupational Health and Safety
Workplace relations
Workers compensation
Industry codes of practice
License, patent or copyright arrangements
Environmental protection legislation
Equal Employment Opportunity and anti-discrimination law
Emergency procedures
Transport, storage and handling of goods
Contract law
Australian Competition and Consumer Commission provisions
Trade Practices Act

Sources of information may include but are not limited to
Legislation and regulations
Work procedures and internal manuals
Company operating procedures and instructions
Manufacturer's specifications
Supplier and/ or customer instructions
Manifests
Codes of practice
Quality assurance systems, procedures and policies
Awards, workplace agreements, and other industrial arrangements
Oral/ verbal communication including face to face, telephone, Internet, radio, and such like
Written instructions and communication such as data exchange, letters, e-mails
Non-verbal communication
Feedback
Safety instructions and workplace signage
Direct or indirect
Electronic or hard copy
Policy and protocols

Work site environment factors may include but are not limited to
Rights and obligations may be determined by experts including
Internal or external experts on:
Legal
Financial
Trade
Insurance
Economics
Technical and scientific
Probity
Other as required

Compliance requirements covering operation may include
Domestic, import or export based businesses.
Brand may encompass
Product brands
Company brands
Supplier brands
Register trade marks
Registered brands
Intellectual property

Supply arrangements may include
Delivery of products
Provision of services
Maintenance and support agreements
Leasing agreements/ consultancies
Research and development

Markets may include
Local
National
Regional
International

Insurance requirements will vary given the
Type of product or service provided
Intended use of products or services
Location of market

Supply and distribution means
Assessed risk
Cost and benefits
Suppliers may be
Commercial companies
Governments, public agencies or organisations
Community and not-for-profit organisations
Internal

Evaluation of options may include
Development of a business case
Modelling results
Cost benefit analysis
Data analysis
Comparison of internal versus outsourced provision

The following components of the Evidence Guide relate directly to the Performance Criteria and the Range of Variables for the unit of competency and will inform and provide guidance for assessment of the unit in the workplace and/or training program. This Evidence Guide must be read in conjunction with the Assessment Guidelines for the National Wholesale Training Package.

Critical aspects of evidence
Assessment requires evidence of the following be collected:
Analyse and report on basic business structures
Determine and report compliance of existing business operations with standard legal and legislative requirements
Confirm rights of consumers given specific service and product delivery scenarios for a business
Source and process legal and technical advice on operational matters
Able to prevent a businesses' intellectual property and technology used in standard operations migrating to/ being taken by a competitor

Interdependent assessment of units
This unit may be assessed in conjunction with other units that form part of a job role or function.

Underpinning knowledge and skills
Display knowledge in terms of job role or function:
Legal structures of businesses
Legal rights and responsibilities of different business structures
Financial reporting and accounting
Service and consumer rights and business obligations
Key regulatory organisations and bodies
Community and consumer representative groups
Sources of legal and technical expertise and advice
Approval processes
Legal processes and terms (eg. negligence and liability)
Recording, storing and transferring information
Confidentiality and security requirements
Information sources on product and supply arrangements for customers
Codes of conduct
Equal Employment Opportunity, equity and diversity principles and practices
Concepts of ownerships (products, concepts, technology, ideas, etc.)
Industry bodies
Technical or management experts/ advisers
Trade Practice law
Business policy and procedures impacting job role or function
Occupational health and safety aspects of job
Relevant consumer law, commercial law and legislation

Display skills in terms of job role or function, including the ability to:
Interpret basic documents of a statutory, legal and contractual nature within a business context
Source legal, insurance, rights and contractual information
Determine the costs and consequences of non-compliance with key legal obligations and requirements impacting wholesale transactions
Analyse and apply business and contract law principles when securing rights to products and services
Protect Intellectual Property
Determine responsibilities and accountabilities of parties regarding specific wholesale business transactions.
Plan, organise and analyse information

Resource Implications
Access to required assessment evidence, time spent with assessee in assessment, competency outcomes and appropriate assessment facilities.

Consistency in performance
The assessment method should be conducted over time to cover all elements and performance criteria, across a range of variables.
Work practices should be completed in accordance with safe operating procedures to minimise the risk of injury to self or others or damage to goods, equipment or products.

Context for assessment
Assessment may occur on the job, or off-the-job.