Aged & Community Services Association of NSW & ACT Incorporated

[2014] FWC 1310

[2014] FWC 1310

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for change of name of organisation

Aged & Community Services Association of NSW & ACT Incorporated
(D2013/132)

VICE PRESIDENT HATCHER SYDNEY, 24 MARCH 2014

Application for change of name of organisation.

[1] On 9 December 2013, the Aged & Community Services Association of NSW & ACT Incorporated, an organisation registered under the Fair Work (Registered Organisations) Act 2009 (the RO Act), filed an application for the Commission’s consent, pursuant to s.158 of the RO Act, to change its name to “Aged & Community Services NSW & ACT”. This name change is sought in order to reflect the organisation becoming a company limited by guarantee and registered under the Corporations Act 2001 (Cth). The Australian Securities and Investments Commission has approved an application by the organisation to omit the word “Limited” from the organisation’s name under s.150(1) of the Corporations Act.

[2] Notice of the application was published in the Commonwealth of Australia Government Notices Gazette on 16 December 2013. There were no objections to the name change.

[3] Section 158 of the RO Act relevantly provides:

(1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:

(a) in the case of a change in the name of the organisation —the FWC consents to the change under this section; or

(b) in the case of an alteration of the eligibility rules of the organisation:

(i) the FWC consents to the alteration under this section; or

(ii) the General Manager consents to the alteration under section 158A.

(2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.

(3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:

(a) is not the same as the name of another organisation; and

(b) is not so similar to the name of another organisation as to be likely to cause confusion.

…..

[4] It can be seen that s.158 does not permit the Commission to consent to an organisation changing its name unless it is satisfied as to the matters specified in subsections (2) and (3).

[5] In relation to the requirement in s.158(2), I am satisfied that the name change has been made in accordance with the rules of the organisation. In this regard, I have relied upon declarations made by Ms Vivienne Allanson, the President of the organisation, on 29 November and 11 December 2013. Those declarations attach documents which demonstrate to my satisfaction that the organisation at its Annual General Meeting on 1 October 2013 validly adopted by special resolution a new constitution containing the proposed new name. In doing so, the organisation complied with its rules 11.2, 11.5 and 22.1 (including the requirements as to the provision of notice and the presence of a quorum).

[6] In relation to the requirement in s.158(3), I am satisfied that, firstly, the proposed new name is not the same as the name of another organisation, and secondly, that the proposed new name is not so similar to the name of another organisation as to be likely to cause confusion.

[7] I therefore consent to the change of the name of the Aged & Community Services Association of NSW & ACT Incorporated to “Aged & Community Services NSW & ACT”.

[8] The change to the name of the organisation will take effect from 31 March 2014.

VICE PRESIDENT

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