- Person Conducting a Business or Undertaking ("PCBU")
person conducting a business or undertaking or PCBU is a broad term used primarily in workplace health and safety legislation and other legislation that refers to the legal entity running a business or undertaking, and includes incorporated entities, sole traders, partners of a partnership and certain senior 'officers' of an unincorporated association.
According to Part 1, Section 5 of the Work Health and Safety Act (Cth) 2011 is defined as follows;
Meaning of person conducting a business or undertaking
(1) For the purposes of this Act, a person conducts a business or undertaking :
(a) whether the person conducts the business or undertaking alone or with others; and
(b) whether or not the business or undertaking is conducted for profit or gain.
(2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
(3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.
(4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.
(5) An elected member of a local authority does not in that capacity conduct a business or undertaking.
(6) The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.
(7) A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(8) In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.