Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
[2009] FWA 1142
•17 NOVEMBER 2009
[2009] FWA 1142 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules
(D2009/10003)
SENIOR DEPUTY PRESIDENT KAUFMAN | MELBOURNE, 17 NOVEMBER 2009 |
Rules of organisation – change of name.
[1] By application lodged on 4 August 2009 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) applied for consent to change its name. The application is made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act). The change of name is sought to resolve an anomaly that exists between the Union’s registered name and the name and abbreviation by which the Union is most commonly and better known.
[2] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, GN 33 on 26 August 2009. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) closed on 30 September 2009. No objections were lodged in the relevant period.
[3] A change in the name of an organisation does not take effect unless Fair Work Australia consents under s.158 of the Act to the change. Each of the relevant statutory requirements set out in s.158 in so far as it pertains to a change of name needs to be considered with respect to the application.
[4] As required by s.158(2) of the Act, I am satisfied that the change of name has been made under the rules of the Union. In this regard I have relied on the declaration dated 4 August 2009 of Dave Oliver, National Secretary of the Union, as well as the submissions of Tim McCauley, National Project Officer of the Union, at the hearing on 16 November 2009.
[5] Under s.158(3) of the Act I am satisfied that the proposed new name of the Union is not the same as or so similar to the name of another organisation as to be likely to cause confusion.
[6] I am also satisfied that the applications comply with the requirements of the Regulations.
[7] In light of the foregoing I consent to the change of name of the Union by amending the first sentence of Rule 1 – Name Objects and Constitution of the Union by inserting the words “known as the Australian Manufacturing Workers’ Union (AMWU)” after the final word of the existing sentence.
[8] Pursuant to s.158(9), the change of name of the Union takes effect from today.
SENIOR DEPUTY PRESIDENT
Appearances:
T McCauley for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.
Hearing details:
Melbourne.
2009:
November 16
Printed by authority of the Commonwealth Government Printer
<Price code A, RU765449 PR990796 >
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