CSR & CEMEX Staff Association

[2010] FWA 1328

Refile.

In Decision [2010] FWA 1328 filed on 19 February 2010 the following changes are made:

1. In paragraph 1, C2009/10010 in corrected to read D2009/10010;

2. In paragraph 7, in the last line the word Holcom is corrected to read Holcim.

The correct Decision is attached.

Susan Robertson

Associate to SDP Hamberger

22 February 2010

[2010] FWA 1328

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for change of name of organisation

CSR & CEMEX Staff Association
(D2009/10009)

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

CSR & CEMEX Staff Association
(D2009/10010)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 19 FEBRUARY 2010

Change of organisation name and alteration to the eligibily rules.

DECISION

[1] On 26 November 2009 the CSR and CEMEX Staff Association lodged an application under s.158(1) of the Fair Work (Registered Organisations) Act (the RO Act) for consent to change its name to “CSR & Holcim Staff Association” (D2009/10009) and an application for an alteration to its eligibilty rules (D2009/10010).

[2] Notices of both applications were gazetted in the Commonwealth of Australia Gazette No. GN 48 on 9 December 2009. Copies of both applications were also published on Fair Work Australia’s website. No objections to the applications were received within the prescribed time for the lodging of objections.

[3] I will first deal with the application to change the name of the organisation.

[4] Having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the 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)).

[5] I therefore consent to the change of name of the CSR & CEMEX Staff Association to “CSR & Holcim Staff Association.”.

[6] In relation to the change of eligibilty rules, having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the Act and the Regulations. I am also satisfied that:

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

[7] I therefore consent to the change of the eligibilty rules as follows:

1. By deleting the whole of subrule 2(g) and inserting the following:

“2(g) “The Company” means any of the following:

CSR Limited (ABN 90 000 001 276);

any subsidiary of CSR Limited;

Holcim (Australia) Pty Limited (ABN 87 099 732 297): and

any subsiduary of Holcim (Australia) Pty Ltd.”

[8] The change to the name of the organisation and the change of the eligibilty rules will take effect from 2 March 2010.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr N Keats for CSR and CEMEX Staff Association

Hearing details:

2010

Sydney

17 February

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