Is a Body Corporate a “Person Conducting a Business or Undertaking” Under Queensland’s Work Health and Safety Act 2011 (Qld)?

What Is a PCBU?

Under section 5 of the WHS Act, a PCBU is defined as a person who conducts a business or undertaking, whether alone or with others, and regardless of whether it is for profit.

This broad definition can include individuals, companies, partnerships—and yes, potentially a body corporate.

✅ When a Body Corporate Is a PCBU for the purposes of Work Health and Safety legal obligations

A body corporate will be considered a PCBU if it:

• Employs workers under a contract of service (e.g. an on-site building manager or maintenance staff) (a “contract of service” being an employment relationship with a person who is paid a salary or wage, works only for one employer, has set hours of work, is supervised and may be disciplined or dismissed by the Body Corporate in its capacity as an employer). Important Note: a ‘contract of service’ is different to a ‘contract for services’ which includes service providers who are independent contractors paid to provide a service, paid via tax invoice (usually with GST) who provide their own tools, transport and workers and the Body Corporate does not control their hours of work or work methods).

• Conducts business-like activities, such as managing short-term holiday rentals or commercial tenancies.

In these cases, the body corporate must comply with WHS duties, including:

• Section 19 – Ensuring the health and safety of workers and others.

• Section 27 – Officers must exercise due diligence to ensure compliance.

❌ When a Body Corporate Is Not a PCBU

A body corporate is not considered a PCBU if:

• It only manages common areas for residential purposes, and

• It does not employ any workers under a contract of service

Importantly, engaging contractors (e.g. cleaners, electricians) does not make the body corporate a PCBU.

⚠️ Other WHS Duties May Still Apply

Even if not a PCBU, a body corporate may still have responsibilities under the WHS Act, particularly in relation to:

• High-risk plant (e.g. lifts, boilers) – see section 20.

• Dangerous goods stored or used on the property – see section 21.

These duties are designed to protect residents, workers, and visitors.

Final Thoughts

Whether or not a body corporate is a PCBU depends on its structure and activities, and in particular, reference to any long-term caretaking agreements or facilities management contracts in place.

If your Body Corporate employs staff or operates in a commercial capacity, WHS obligations may apply. If not, your responsibilities may be limited—but safety should always remain a priority.

For tailored advice, consult a WHS professional or legal advisor.