Contains issues that may form the basis of a jurisdictional issue
- See Fair Work Act s.789FD(3)
To be eligible to apply to the Commission for an order to stop bullying or sexual harassment (or both), a worker must be at work in a constitutionally-covered business.
If a person conducts a business or undertaking (PCBU) (within the meaning of the WHS Act) it is a constitutionally-covered business if either:
- the person is:
- a constitutional corporation, or
- the Commonwealth, or
- a Commonwealth authority, or
- a body corporate incorporated in a Territory, or
- the business or undertaking is conducted principally in a Territory or Commonwealth place.
To be eligible to apply for an order to stop bullying or sexual harassment (or both), a 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.
A person is recognised by the law as having rights and obligations. There are 2 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).[37]