Contains issues that may form the basis of a jurisdictional issue
See Fair Work Act s.789FD(3)
Meaning of person
A person can be defined as a separate legal entity, recognised by the law as having rights and obligations.
There are two categories of person:
- a natural person (a human being), and
- an artificial person (an entity to which the law attributes a legal personality – such as a company registered under Corporations law).[1]
Constitutionally-covered business
If a person conducts a business or undertaking (PCBU) (within the meaning of the Work Health and Safety Act 2011 (Cth)) and either:
- the person is:
- a constitutional corporation
- the Commonwealth
- a Commonwealth authority
- a body corporate incorporated in a Territory,
- the business or undertaking is conducted principally in a Territory or Commonwealth place;
then the business or undertaking is a constitutionally-covered business.
In order to eligible to make an application for an order to stop bullying, the worker must be:
- ‘at work’ in a business or undertaking conducted by a person who is:
- a constitutional corporation
- the Commonwealth
- a Commonwealth authority
- a body corporate incorporated in a Territory, or
- ‘at work’ in a business or undertaking conducted principally in a Territory or Commonwealth place.
Reference
[1] Butterworths Australian Legal Dictionary, 1997, at p. 870.