Australian Nursing Federation

[2013] FWC 5006

[2013] FWC 5006

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

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

Australian Nursing Federation
(D2013/105)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 25 JULY 2013

Application to change the name of the organisation.

[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) by the Australian Nursing Federation (the Federation), for consent to change the name of the Federation. The application was lodged on 21 March 2013.

[2] The application is for consent for the Federation to change its name to the “Australian Nursing and Midwifery Federation”.

[3] The application was gazetted in the Commonwealth of Australia Gazette GN 20 on 22 May 20013 and also published on the Fair Work Commission’s website. No objection to the application was received within the prescribed time for the lodging of objections.

[4] The relevant legislation is as follows:

“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 - FWA consents to the change under this section;

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

(i) FWA consents to the alteration under this section;

...

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

(3) FWA must not consent to a change in the name of an organisation unless FWA 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.”

[5] The reasons for the proposed name change given by the applicant are:

● A distinct stream of midwifery preparation, regulation and practice have been developed;

● A separate system of midwifery registration has been implemented; and

● Distinct programs of undergraduate training for midwives has been developed.

[6] Having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the RO Act and the Regulations. I am also satisfied that:

1. The change has been made under the rules of the organisation (s.158(2)); and

2. The proposed new name of the organisation is not the same as the name of another organisation, nor is it so similar to the name of another organisation as to be likely to cause confusion (s.158(3)).

[7] I therefore consent to the change of name of the “Australian Nursing Federation” to the “Australian Nursing and Midwifery Federation”.

[8] The change to the name of the organisation will take effect from 25 July 2013.

DEPUTY PRESIDENT

Appearances:

N. Blake with Lee Thomas for the applicant, the Australian Nursing Federation.

Hearing details:

2013

Sydney:

July 25.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR539323>