Definition of ‘constitutionally-covered business’

See Fair Work Act s.789FD(3)

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]

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.

Related information

• What is a person conducting a business or undertaking?
• What is a Territory or a Commonwealth place?
• What is a constitutional corporation?
• What is the Commonwealth?
• What is a Commonwealth authority?
• What is a body corporate incorporated in a Territory?