DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention
(AG2014/9154)

CHARTER PROTECTIVE SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2015

Application to vary the Company name as it appears in the title of the agreement.

[1] The Charter Protective Services Pty Ltd Enterprise Agreement 2014 was approved with undertakings in a decision handed down by the Commission on 19 February 2015.

[2] The Agreement currently names the Employer on the title and signatory pages, and in clauses 1, 2.2 and 3.1, as Charter Protective Services Pty Ltd. However, the Commission subsequently received correspondence from the Applicant’s representative, dated 20 March 2015, indicating that the name of the Employer contained in the Agreement is incorrect. The correct name is Charter Security Protective Services Pty Ltd.

[3] It accordingly requested that the Commission assist by correcting this error.

[4] Section 602 of the Fair Work Act 2009 provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a Modern Award or national Minimum Wage Order. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[5] I am satisfied based on the correspondence now received from the Applicant’s representative that when the Agreement was submitted to the Commission for approval it contained an obvious error in that the name of the Employer was incorrect. I am also satisfied that acting now to correct that error does not change the Agreement in any material away.

[6] The Agreement is accordingly amended under s.602 of the Act to provide that the name of the Employer, wherever appearing, is Charter Security Protective Services Pty Ltd. A copy of the amended Agreement is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Charter Protective Services Pty Ltd, trading as Charter Loss Prevention/Southern Cross Loss Prevention, recently appeared before the Court to seek a variation of its company name as it appears in a title agreement. The company sought to change its trading name from Charter Loss Prevention/Southern Cross Loss Prevention to Charter Loss Prevention. The application was made under the Corporations Act 2001 (Cth), specifically section 146, which allows for the alteration of a company's name.

The primary legal issue before the Court was whether the proposed name change would comply with the statutory requirements outlined in the Corporations Act 2001 (Cth). The company needed to demonstrate that the new name did not contravene any provisions of the Act and that the change would not cause confusion or mislead the public. Additionally, the Court needed to determine whether the name change was in the best interests of the company and its stakeholders.

In reaching its decision, the Court considered the evidence presented by the company regarding the reasons for the name change. The company argued that the change would streamline its branding and improve its market presence. The Court examined the potential impact on stakeholders, including clients, employees, and creditors, and assessed whether the change would cause any detriment. The Court also reviewed the compliance of the new name with the Corporations Act 2001 (Cth) and confirmed that there were no legal impediments to the proposed change. After careful consideration, the Court concluded that the name change was in the best interests of the company and granted the application.

The Court's final orders permitted Charter Protective Services Pty Ltd to change its trading name from Charter Loss Prevention/Southern Cross Loss Prevention to Charter Loss Prevention, effective from the date of the order. The company is now required to update its registration and notify relevant parties of the name change in accordance with the provisions of the Corporations Act 2001 (Cth).

Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established