Here at Courtenell we talk with people about WHS compliance every day. Even though the term has been with us since 2012 when the WHS Model laws were passed, some people, especially new people to the subject, can still have some uncertainty about what and who is a "PCBU."

This article is written to help clarify what or who is a PCBU so that those who need to know can be more certainty on the matter.

The term, “person conducting a business or undertaking” (PCBU), appears frequently in the WHS Act because; the PCBU is the main duty holder under WHS law. The PCBU has numerous WHS obligations to fulfil to satisfy the requirements of the WHS Act and has duty of care. The PCBU has the ultimate responsibility for WHS and cannot pass that responsibility on to someone else.

A Company is not a "person" – Why is it a PCBU?
In laws about interpreting legislation, the term “person” means more than just an individual human being. It is interpreted to also include a company, an unincorporated association, and a partnership. So, a company fits the meaning of a PCBU because it is a “person conducting a business or undertaking”. A company is not a human being. 

Is the Director or CEO of a company a PCBU?
An executive who is high in the chain of authority in an organisation, such as a company director, business owner, or Chief Executive Officer, is obviously a "person" in the context of being a human being, so could they be a PCBU? Section 5(4) of the WHS Act excludes them from the definition of PCBU. These people are in fact officers of a PCBU. They are Officers as per the meaning of "Officer" in the Corporations Act 2001. 

Is a Self - Employed person a PCBU?
Yes a self - employed person is a PCBU. He or she is a recognised legal person and has not been excluded from the meaning of a “person conducting a business or undertaking” in Section 5 of the WHS Act. They are both a person as a human being and a person as a business. 

Plain English meaning of PCBU
A “person conducting a business or undertaking” (PCBU) is a legal term under WHS laws for individuals, businesses, government authorities and other organisations that are conducting a business or an undertaking. It is essentially "a name on paper."



Is there a list of what or who is a PCBU?
Yes, there is. You can find a list on the websites of Safe Work Australia and SafeWork NSW. These lists cover the majority of examples of a PCBU.

A PCBU includes:
      

• public and private companies

• partners in a partnership

• sole traders and self-employed people

• government departments and authorities

• associations if they have one or more employees

• local government councils

• independent schools

• cooperatives

• universities.


A PCBU does not include:
   •    An elected member of a local authority
   •    A volunteer association that does not employ anyone (for pay) within their organisation
   •    A strata body corporate responsible for common areas used only for residential purposes
   •    A person who is engaged solely as a worker or an officer

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14 August 2018 (Revised 18 May 2024)