A PCBU conducts a business or undertaking alone or with others. The
business or undertaking can operate for profit or not-for-profit.
The definition of a PCBU focuses on the work arrangements and the
relationships to carry out the work. In addition to employers, a
PCBU can be a corporation, an association, a partnership or sole
A volunteer organisation which employs any person to carry out
work is considered a PCBU. Householders where there is
an employment relationship between the householder and the worker
are also considered a PCBU.
You are not considered to be a PCBU if you:
are engaged solely as a worker or an officer
are an elected member of a local authority
are a volunteer association
are a strata title body corporate responsible for common areas used
only for residential purposes
A worker is anyone who carries out work for a PCBU, such as:
a contractor or sub-contractor
an employee of a contractor or sub-contractor
an employee of a labour hire company
an apprentice or trainee
a student gaining work experience
You can also be a PCBU and a worker if you carry out work for another
An officer is a person who makes decisions, or participates in making
decisions, that affect the whole, or a substantial part, of a
business or undertaking and has the capacity to significantly affect
the financial standing of the business or undertaking. If a person
is responsible only for implementing those decisions, they are not
considered an officer.
Partners of a partnership are not officers but are PCBUs. An officer of
a PCBU must exercise due diligence to ensure that the PCBU
complies with their duties under the WHS legislation.