DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations

Australian Community Services Employers Association, Union of Employers
(D2020/12)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 10 NOVEMBER 2020

Application for consent to change the name of an organisation

[1] The Australian Community Services Employers Association, Union of Employers (ACSEAUE) has made an application for the Commission’s consent, pursuant to s 158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act), to change its name to ‘Community Management Solutions’. This is the organisation’s trading name, under which it has operated for a number of years.

[2] Notice of the application was published in the Commonwealth of Australia Gazette on 9 September 2020. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) expired on 14 October 2020. There were no objections.

[3] A change in the name of an organisation does not take effect unless the Commission consents to the change under s 158(1) of the Act. The Commission must not consent to the change of name unless it is satisfied of the matters specified in ss 158(2) and (3).

[4] In relation to the requirement in s 158(2) of the Act, I am satisfied that the change of name has been made under the rules of the organisation. In this regard I have relied on the declaration of Kim Teague, Secretary of the ACSEAUE, dated 16 July 2020. In particular, I am satisfied that the organisation convened an annual general meeting on 17 June 2020, and that a quorate vote of members passed an amendment to Rule 3 to change the name of the organisation to ‘Community Management Solutions’.

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

[6] I am also satisfied that the application complies with the requirements of the Regulations.

[7] I therefore consent to the change of name of the ACSEAUE to ‘Community Management Solutions.’

[8] The change to the name of the organisation will take effect from 17 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Community Services Employers Association applied to the Fair Work Commission to change its name to the Union of Employers. The application was made to align the organisation's name with its primary function of representing employers in the community services sector. The dispute centred on whether the proposed name change was appropriate and aligned with the organisation's purpose and activities as outlined in its constitution.

The legal issues before the Commission included whether the proposed name change was consistent with the organisation's existing purpose and activities, and whether it would cause confusion or mislead members, employees, or the public. Additionally, the Commission considered whether the name change would reflect the organisation's role as an employer representative and whether it was in the best interests of the organisation and its members.

The Commission found that the proposed name change was appropriate and would better reflect the organisation's purpose and activities. The Commission was satisfied that the name change would not cause confusion or mislead any stakeholders, and it would accurately represent the organisation's role as an employer representative. The Commission also considered that the name change was in the best interests of the organisation and its members. As a result, the Commission granted the application, and the organisation's name was changed to the Union of Employers.

The Fair Work Commission's decision to allow the name change was based on the organisation's demonstrated alignment with the proposed name, the lack of potential for confusion or misrepresentation, and the overall benefit to the organisation and its members. The Commission's approval ensures that the organisation can accurately represent its purpose and activities in the community services sector.

Australian Community Services Employers Association, Union of Employers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established