Is my body corporate a PCBU?

A body corporate responsible for common areas used only for residential purposes is generally not regarded as a person conducting a business or undertaking (PCBU).

However, if the body corporate employs any worker or is responsible for common areas used for commercial purposes (for example shops or restaurants), it is a PCBU and has duties under the Work Health and Safety (National Uniform Legislation) Act 2011, to ensure so far as is reasonably practicable:

• the health and safety of its workers
• the entrance and exit of a workplace and anything arising from the workplace are without risks to the health and safety of workers and other people
• fixtures, fittings and plant at the workplace are without risks to the health and safety of workers and other people

Additional duties for a body corporate who is a PCBU responsible for commercial or mixed-use common areas built before 31 December 2003 may also include:

• the preparation, maintenance and review of an asbestos register and asbestos management plan
• ensuring that the asbestos register and management plan are readily accessible to any worker or contractor who has carried out, carries out or intends to carry out work at the workplace
• ensuring the safe management and removal of asbestos

For further information and guidance see the NT WorkSafe Bulletin Strata title bodies corporate and the Work Health and Safety Laws - FAQ.