Person Conducting a Business or Undertaking ("PCBU")

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.

Disclaimer

In preparing this definition, we have drawn from various sources including Legislation, Codes, Standards and industry information, research and knowledge.  Like the english language, these definitions may subtly change from time to time. As such these definitions are provided solely on the basis that users will be responsible for making their own assessment of the definition and and are advised to verify all relevant representations, statements and information.