BSBESB402 – Establish Legal and Risk Management Requirements of New Business Ventures
Build the legal, compliance, and risk management foundations to start or grow your business — nationally recognised training delivered entirely online, at your own pace.
This nationally recognised course covers the legal structures, compliance procedures, contract negotiation, and risk management knowledge you need to establish and operate a business or new business venture in Queensland's construction industry.
You will learn to identify legal and regulatory requirements using ABLIS, develop compliance procedures for taxation, insurance, and employment obligations, negotiate and create contracts for goods and services, and assess and treat business risks using industry-standard frameworks.
The course is built around the Hunt Builders simulated business scenario — a Queensland construction company — giving you practical, applied experience in contract negotiation, risk assessment, and dispute resolution. You will negotiate payment terms and defects liability via recorded video responses, create a formal subcontractor agreement, and manage a contract dispute involving Order of Precedence.
This unit is commonly completed by individuals applying for:
- QBCC licensed subcontractor or builder registration
- Electrical Safety Office (ESO) electrical contractor's licence
- Qualified Business Person (QBP) certification
Delivered entirely online via the Nexa Training learning platform. Self-paced — start and finish on your own schedule within 3 months.
Business Structures & Legal Frameworks
- Legal business structures — sole trader, partnership, company, trust
- Legislative and regulatory requirements for your chosen structure
- Using ABLIS to identify applicable licences, registrations, and permits
- Relationship between legal requirements and business practices
Compliance, Taxation & Employment
- GST registration, PAYG, and BAS obligations
- Insurance compliance — types, coverage requirements, Workers' Compensation
- Licence management — applications, renewals, expiry tracking
- Employment compliance — National Employment Standards (NES), Fair Work, awards
- Record-keeping procedures for legal documents and business records
- Identifying non-compliance and corrective action procedures
Contracts & Procurement Rights
- Types of contracts — head contracts, subcontracts, supply agreements
- Unfair contract terms and small business protections
- Negotiating payment terms and defects liability
- Order of Precedence — understanding document hierarchy in contracts
- Creating a formal subcontractor agreement using a contract generator
- When to seek legal advice
Risk Management & Mitigation
- Business risk assessment — identifying, analysing, and prioritising risks
- Likelihood × Impact risk matrix
- Treatment plans using the Hierarchy of Control
- Creating a JSA/SWMS for trade and business risks
- Implementing procedures to mitigate identified risks
Practical Contract Negotiations (Video Assessments)
- Negotiating payment terms and defects liability with a subcontractor
- Creating a formal subcontractor agreement with correct terms
- Managing a contract dispute — applying Order of Precedence
- Proposing a risk management strategy and checking enforceability
To enrol in this course, you will need:
- A computer, tablet, or smartphone with an inbuilt camera, microphone, and internet access
- The ability to record and upload short video responses (using your phone camera, webcam, or the built-in LMS recording function)
- A valid photo ID (such as a driver's licence or passport)
- A level 3 English Language, Literacy and Numeracy (LLN) skill level, use our free LLN Tool to evaluate your abilities
- A Unique Student Identifier (USI), find or get your USI here
There are no formal prerequisite qualifications for this course. The course assumes you are currently working (full-time or part-time) in the construction industry or planning to start a construction business.
This course uses competency-based assessment (not graded). You are assessed as either Competent or Not Yet Competent. All assessments are completed online.
Online knowledge assessments: Completed through the learning platform across four sessions, covering legal structures, compliance procedures, contract law, and risk management. Assessment formats include multiple-choice, true/false, short answer, and research tasks (including using ABLIS to generate a business requirements profile).
Practical tasks (online): Applied tasks including developing compliance procedures, creating a risk assessment and treatment plan using a Likelihood × Impact matrix, and creating a JSA/SWMS for your business context.
Contract negotiation assessments (trainer-marked): Four linked practical tasks within the Hunt Builders simulated business scenario. These are the core applied assessments of the course:
- Video 1: Negotiate payment terms and defects liability with a subcontractor (recorded video, max 3 minutes)
- Contract creation: Create a formal subcontractor agreement using the contract generator with correct terms, Order of Precedence, and insurance details (uploaded PDF)
- Video 2: Brief a solicitor on a contract dispute involving Order of Precedence and ask a specific legal question about liability (recorded video, max 3 minutes)
- Video 3: Propose a discrepancy clause as a risk management strategy and ask whether it could be challenged under unfair contract terms legislation (recorded video, max 2 minutes)
Video responses are reviewed by your trainer/assessor against mandatory benchmark criteria. If your response does not yet meet the standard, you will receive specific written feedback and can resubmit.
Nexa Training can assess you for RPL for this course if you can provide sufficient, credible evidence that you already meet the course outcomes — such as documented work experience, portfolios, interviews, or practical or written evidence that relates directly to the course criteria.
Nexa Training will assess your evidence against the unit's elements, performance criteria, and assessment conditions (e.g., demonstrating you can identify legal requirements, implement compliance procedures, negotiate contracts, and mitigate risks).
For further information or to get started with the RPL process, please contact Nexa Training by emailing us at admin@nexatraining.au
Is this the course I need for my QBCC licence?
BSBESB402 is one of the units commonly required for QBCC licensed subcontractor and builder registration applications. It is also used for Electrical Safety Office (ESO) electrical contractor's licence applications and Qualified Business Person (QBP) certification. Check your specific QBCC, ESO, or licensing requirements to confirm which units you need — some licence categories require additional units beyond this one.
Is the course fully online?
Yes. This course is delivered entirely online through our learning platform. There is no face-to-face component. You study at your own pace and complete all assessments online, including recorded video responses. You will need a device with a camera and microphone to record your video assessments.
What are the video assessments?
Three of the practical assessments require you to record a short video (2–3 minutes each) responding to a simulated business scenario. You will negotiate contract terms, brief a solicitor on a dispute, and propose a risk management strategy — as if you were speaking to the other party or your legal advisor. Videos can be recorded using your phone, webcam, or the built-in platform recording tool. If you are uncomfortable on camera, alternative arrangements such as audio-only or written responses may be available — contact us to discuss.
How long does the course take?
The course has 60 nominal hours with an estimated volume of learning of approximately 36 hours. It is self-paced, so the actual time depends on your experience and study pace. You must complete the course within 3 months of commencing.
Do I need construction industry experience?
The course assumes you are currently working in the construction industry or planning to start a construction business. While there are no formal prerequisite qualifications, having some familiarity with construction contracts, subcontracting arrangements, and workplace safety will help you get the most from the course content.
Is RPL available?
Yes. If you can provide sufficient evidence that you already meet the course outcomes — such as documented work experience, existing compliance procedures, contracts you have negotiated, or risk management plans — Nexa Training can assess you for RPL. Contact us at admin@nexatraining.au to discuss.
What certification will I receive?
On successful completion, you will receive a nationally recognised Statement of Attainment for BSBESB402 – Establish Legal and Risk Management Requirements of New Business Ventures.
Can I get a time extension if I'm busy with work?
Yes. We understand that construction work commitments can be unpredictable. If you need additional time beyond the standard 3-month window, contact us to discuss an extension. Extensions are granted by agreement on a case-by-case basis.
What LLN level do I need?
This course requires a level 3 English Language, Literacy and Numeracy (LLN) skill level — higher than the first aid courses because the course involves reading contracts, writing procedures, and articulating business reasoning verbally. Use our free LLN Tool to evaluate your abilities. The learning platform includes a text-to-speech function if you need additional literacy support.
How much does the course cost?
The course is $265 (GST free), which includes all online learning materials, video assessment review by your trainer, contract generator access, and your Statement of Attainment.
delivery
Online
cost
$265 (GST Free)
duration
36 hours of study.
Please be aware that you must complete this course within 3 months of commencing, to ensure the currency of your learning.
certification
will be awarded to competent participants in this course.
