Licensed Clubs’ Association of Australia, The

[2011] FWA 2596

[2011] FWA 2596

FAIR WORK AUSTRALIA

DECISION

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

Licensed Clubs’ Association of Australia, The
(D2011/2503)

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 6 MAY 2011

Rules of organisation – change of name

[1] By application lodged on 25 February 2011 the Licensed Clubs Association of Australia (the Association) applied for consent to change its name. The Association wishes to change its name to Clubs Australia - Industrial. The application is made under s 158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act). The change of name is sought as it better describes the membership of the Association and would be in conformity with the titles given to clubs associations at the state level.

[2] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, GN 11, on 23 March 2011. Pursuant to reg 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations), objections can be lodged within 35 days of publication of the notice in the gazette, which was 27 April 2011 in this case. No objections were lodged.

[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 Association. In this regard I have relied on the declaration of Mr Patrick Rogan, Chairman of the Licensed Clubs’ Association of Australia, contained in the application of 25 February 2011.

[5] As required by s 158(3) of the Act I am satisfied that the proposed new name of the organisation 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 application complies with the requirements of the Regulations.

[7] In light of the foregoing I consent to the change of name of the Association. This shall be effected in the following way:

The first sentence of Rule 1 (“1 - Name and Industry”) is to be amended so that it will read:

“The name of the Association shall be Clubs Australia - Industrial, hereinafter referred to as “The Association”.”

This is instead of

“The name of the Association shall be The Licensed Clubs’ Association of Australia, hereinafter referred to as “The Association”.”

[8] Pursuant to s 158(9), the change of name of the organisation takes effect from 13 May 2011.

SENIOR DEPUTY PRESIDENT

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