#51074
Jimmy-T
Keymaster

    As a final discussion point, if every location where (say ) a tradie worked was considered a workplace, then every footpath, road, park, etc etc would be a workplace and the respective owner would have to provide a “safe” workplace. That is not the case because the footpath or park is not a place of business.

    You had me convinced up until that part.  A strata scheme is different from a footpath because it has an owner.  And I am now not sure that you’re right about the workplace.  If a strata scheme employs someone to do work, then they are an “employer”, regardless of whether the person involved in a claim might be directly employed by the owners corproation or not.

    The literature I can find online, such as this page (from our former sponsors Makinson d’Apice), seems to suggest that if the building has any permanent employees, then it is a workplace for the purposes of the WHS legislation. So, if I am reading this correctly, if you have an onsite caretaker or concierge, employed by the strata scheme, the whole building is a workplace.

    I am happy to be proved wrong if someone can come up with a definitive answer.  However comparing strata schemes to footpaths doesn’t convince me of very much at all.

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