What is a PCBU?
Short answer
PCBU stands for "Person Conducting a Business or Undertaking" — the primary duty-holder term used under the harmonised Australian WHS Acts and under the New Zealand Health and Safety at Work Act 2015 (HSWA). It is broader than the older term "employer".
PCBU is the duty-holder concept that sits at the centre of the model WHS Act (Australia) and HSWA 2015 (New Zealand).
A PCBU is anyone who conducts a business or undertaking — alone or with others, for profit or not. That captures:
- companies, partnerships, sole traders, and self-employed persons;
- principal contractors, contractors, and subcontractors;
- franchisees and franchisors (in some configurations);
- unincorporated bodies and associations that employ workers;
- volunteer organisations that engage workers (though pure volunteer associations may be excluded).
The PCBU has the primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work.
Multiple PCBUs can operate on the same site at the same time (a head contractor and several subcontractor PCBUs). Each has overlapping duties under WHS Act s.46 / HSWA s.34 to consult, cooperate and coordinate.
Victoria is the notable exception in Australia — it retains the term "employer" under the OHS Act 2004 rather than adopting "PCBU". Documents prepared for Victorian sites should use the Victorian terminology.