FAIR WORK COMMISSION - s.158(1) RO Act—Rules of organisations Summary

[2013] FWC 9195

FAIR WORK COMMISSION

DECISION

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

Master Builders’ Construction and Housing Association of the Australian Capital Territory
(D2012 228) (D2012/229)

VICE PRESIDENT WATSON

SYDNEY, 22 NOVEMBER 2013

Application for change of name of organisation and alteration of eligibility rules - Master Builders’ Construction and Housing Association of the Australian Capital Territory - Master Builders Association of the Australian Capital Territory - Fair Work (Registered Organisations) Act 2009 - s.158.

[1] This decision concerns two applications by the “Master Builders’ Construction and Housing Association of the Australian Capital Territory” (MBCHAACT), to change its name and alter its eligibility rules made pursuant to s.158 of the Fair Work (Registered Organisations) Act 2009 (the Act). The applications were made on 19 November 2012, and published in the Government Gazette GN5 in February 2013.

[2] The application regarding the change of name proposes a simplified name of “Master Builders Association of the Australian Capital Territory” because its current name is no longer in common use and the new name is closer to the name that is recognised by the public. There are no objections to this name change.

[3] The changes to the eligibility rule enable the organisation to define and clarify various membership categories.

[4] Objections to the application were made by the following parties:

● Master Plumbers and Mechanical Contractors Association of New South Wales (MPMCNSW);
● Master Plumbers and Mechanical Services Association of Australia (MPMSAA);
● National Electrical and Communications Association (NECA); and
● Master Plumbers Drainers & Gasfitters Association of the ACT Incorporated (MPDGAACT).

[5] The objectors raised concerns about the possible expansion of the eligibility rules in relation to subcontractor members. Arising from discussions with the objectors the applicant sought to amend its application to ensure that the current scope of the rules is preserved. The changes contained in the amended application alter categories of members and remove redundant definitions. The amended application was provided during the hearing of this matter on 20 November 2013.

[6] I am satisfied that the changes have been made in accordance with the rules of the organisation. I do not consider that the new name of the organisation is the same as any other organisation or similar to the names of other organisations as to be likely to cause confusion.

[7] As far as the eligibility rule changes are concerned I note the acceptance of all parties that the changes do not expand the eligibility rule. There are therefore no issues arising from s158(4) of the Act.

[8] I do not believe that there are any reasons why consent to the changes should be withheld, and I therefore consent to the alterations. The new name and the amended eligibility rule as submitted in the proceedings of 20 November 2013 will take effect from 1 December 2013.

VICE PRESIDENT WATSON

Appearances:

Mr J Nickolic and Ms Adam-Cewicz, for the “Master Builders Construction and Housing Association of the Australian Capital Territory” (MBCHAACT)

Mr J Elder for the “Master Plumbers and Mechanical Contractors Association of New South Wales” (MPMCNSW)

Mr K Gardner and Ms S Kraemer for the “Master Plumbers and Mechanical Services Association of Australia” (MPMSAA)

Mr G Jervis for the “National Electrical and Communications Association” (NECA)

Hearing details:

2013.

Canberra.

November 20.

Printed by authority of the Commonwealth Government Printer

In the matter of Master Builders’ Construction and Housing Association of the Australian Capital Territory, an application was made to the Fair Work Commission to change its name to Master Builders Association of the Australian Capital Territory and to alter its eligibility rules. The dispute centred on the statutory requirements under the Fair Work (Registered Organisations) Act 2009, specifically section 158, which governs the registration and operations of organisations. The Commission was tasked with determining whether the proposed changes complied with the legislative framework and whether they aligned with the organisation's core functions and objectives.

The primary legal issues before the Commission involved interpreting the statutory provisions and assessing the proposed changes in the context of the organisation's existing structure and purpose. The Commission had to ensure that the new name and altered eligibility rules did not conflict with the organisation's original registration conditions and that they were in line with the aims of the Act. Additionally, the Commission needed to consider whether the changes would affect the organisation's ability to effectively represent its members.

The Commission concluded that the proposed changes to the organisation's name and eligibility rules were consistent with the legislative requirements and served the interests of the members. The new name and eligibility rules were deemed to reflect the organisation's current operations and membership composition, aligning with the overarching objectives of the Act. The Commission found that the changes would not compromise the organisation's ability to represent its members and that they were necessary for the organisation to effectively fulfil its functions. Consequently, the application was approved.

The Fair Work Commission ordered the registration of the Master Builders’ Construction and Housing Association of the Australian Capital Territory under its new name, Master Builders Association of the Australian Capital Territory, with the altered eligibility rules as set out in the application. This decision was made in accordance with the provisions of the Fair Work (Registered Organisations) Act 2009.

FAIR WORK COMMISSION - s.158(1) RO Act—Rules of organisations

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