Application/Notification by Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union

[2023] FWC 1631

[2023] FWC 1631

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.158(1) RO Act - Application for change of name of organisation

Application/Notification by Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union

(D2022/13)

DEPUTY PRESIDENT BINET PERTH, 10 AUGUST 2023

Application/Notification by Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (297V)

1. On 19 October 2022, the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (LGRCEU) filed an application (Application) pursuant to section 158(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) (RO Act) with the Fair Work Commission (FWC) for consent to change the name of the LGRCEU.

1. On 13 April 2023, notification was received from the Australian Municipal, Administrative, Clerical and Services Union (ASU) indicating that they objected to the Application (Objection).

1. A conference was held on 18 May 2023 however the matter was unable to be resolved.

1. On 22 June 2023, Directions were issued to the Parties for the determination of the Objection and Application.

1. On 28 June 2023, the ASU confirmed in writing to Chambers and the LGRCEU that they have withdrawn the Objection.

Background

1. The LGRCEU is an association of employees registered under the RO Act and as such is an ‘organisation’ for the purposes of the RO Act and the Fair Work Act 2009 (Cth) (FW Act).[1]

1. The rules governing the operation of LGRCEU have been registered by the General Manager of the FWC (Rules).

1. The LGRCEU is eligible under its current rules to enrol workers employed by municipal county and shire councils and other local government authorities, trusts, municipal trusts involved in water supply and/or sewerage boards or trusts, road boards and other boards, corporations, commissions or trusts carrying out works and operations similar to those usually performed by local government authorities. Further, the LGRCEU covers workers employed by or in connection with health boards, governing bodies of parks, reserves, racecourses and cemetery boards. The LGRCEU’s coverage is exclusive to the state of Western Australia.

1. The LGRCEU is seeking consent to change its name from the “Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Union” to the “Local Government, Racing and Cemeteries Employees Union” (Change in Name).

1. LGRCEU wishes to change its name because it has been known by its Members and referred to by industry stakeholders as LGRCEU for a substantial period of time.

Key Statutory Provisions

1. Section 158 of the RO Act sets out the mechanism by which an organization may apply to change its name and relevantly provides that:

   “s.158 Change of name or alteration of eligibility rules of organisation

   (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.

   …

   (9) Where the FWC consents, under subsection (1), to a change or alteration, the change or alteration takes effect on:

   (a) where a date is specified in the consent—that date; or

   (b) in any other case—the day of the consent.

   (10)     This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:

   (a) determined by the FWC under subsection 163(7); or

   (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or

   (c) proposed to be made for the purposes of a withdrawal from amalgamation under Part 3 of Chapter 3.

Consideration

1. In this Application the LGRCEU is seeking consent to change its name from the “Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Union” to the “Local Government, Racing and Cemeteries Employees Union” (Proposed Name).

1. The Application was made on Form F67 and accompanied by a Statutory Declaration signed by Mr Andrew Johnson, the Federal Secretary of the LGRCEU. There is no dispute and I am satisfied that the change in name was made in compliance with the Rules.

1. The Application was gazetted with the Commonwealth of Australia Gazette on 9 March 2023 and published on the FWC website.

1. The sole objector to the Application was the ASU until it discontinued its Objection on 28 June 2023.

1. There is no evidence before me that the Proposed Name is the same or similar to another organisation so as to be likely to cause confusion.

Conclusion

1. I therefore consent to the Alteration. The Alteration shall take effect on the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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