Person conducting a business or undertaking (PCBU) | Practical Law

Person conducting a business or undertaking (PCBU) | Practical Law

Person conducting a business or undertaking (PCBU)

Person conducting a business or undertaking (PCBU)

Practical Law ANZ Glossary w-004-6308 (Approx. 3 pages)

Glossary

Person conducting a business or undertaking (PCBU)

A person conducting a business or undertaking (PCBU) is a defined term within model work, health and safety (WHS) laws, which have been implemented by the Commonwealth and all Australian states and territories, except for Victoria. Although some variations have been made in implementation, the model WHS laws form the basis of WHS legislation in these jurisdictions. The principal duties for health and safety under model WHS laws, including the primary duty to ensure health and safety, are held by a PCBU.
For the purposes of the model WHS laws, a person (which includes an individual such as sole trader, body corporate, unincorporated body or association or a partnership) conducts a business or undertaking regardless of whether the:
  • Person conducts the business or undertaking alone or with others.
  • Business or undertaking is conducted for profit or gain.
For the purpose of the FWC's bullying and sexual harassment jurisdiction under Part 6-4B of the Fair Work Act 2009 (Cth), the definition of PCBU is confined by section 789FD(3) to a business or undertaking that is a constitutionally-covered business.
For: