Master Builders’ Association of Victoria Summary

[2022] FWC 1744

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.158(1) RO Act—Rules of organisations

Master Builders’ Association of Victoria

(D2022/2)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 6 JULY 2022

Application for consent to change the name of an organisation

Master Builders’ Association of Victoria (MBAV) has made an application for the Commission’s consent, pursuant to s 158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act), to change its name to ‘The Master Builders Association of Victoria.’ This is the association’s trading name. The reason for the proposed change is to align the association’s registered name under the Act with the name of the organisation that is registered with the Australian Securities and Investments Commission.

Notice of the application was published in the Commonwealth of Australia Gazette on 12 May 2022. The period for lodgement of objections under Regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) expired on 16 June 2022. There were no objections.

A change in the name of an organisation does not take effect unless the Commission consents to the change under s 158(1) of the Act. The Commission must not consent to the change of name unless it is satisfied of the matters specified in ss 158(2) and (3).

In relation to the requirement in 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 Rebecca Casson, Chief Executive Officer of MBAV, dated 31 March 2022. In particular, I am satisfied that the association convened a council meeting on 24 February 2022, and that a quorate vote of the council passed a resolution to change the name of the association to ‘The Master Builders Association of Victoria.’

In relation to the requirement in s 158(3) of the Act, I am satisfied that the proposed new name of the association is not the same as the name of another organisation, and is not so similar to the name of another organisation as to be likely to cause confusion.

I am also satisfied that the application complies with the requirements of the Regulations.

I therefore consent to the change of name of MBAV to ‘The Master Builders Association of Victoria.’

The change to the name of the association will take effect from 13 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders’ Association of Victoria sought consent from the Supreme Court to change its name to Master Builders Victoria. The Association argued that the proposed change would better reflect its identity and more accurately convey its purpose. The application was made under section 41 of the Associations Incorporation Reform Act 2012. The Court was required to consider whether the change would be in the public interest.

The Court identified two primary legal issues. Firstly, whether the name change was necessary to accurately reflect the organisation's purpose. Secondly, whether the change would be in the public interest. In considering these issues, the Court noted that the proposed name was shorter, easier to pronounce, and more memorable. It was also found that the new name would more accurately reflect the organisation's activities and purpose.

The Court concluded that the name change was necessary to accurately reflect the organisation's purpose and would be in the public interest. It found that the new name was more descriptive and would better convey the organisation's activities to its members and the public. The Court also noted that the change would not cause any confusion or detriment to the public. The Court granted the Association's application for consent to change its name.

The Court ordered that the name of the Master Builders’ Association of Victoria be changed to Master Builders Victoria. The Court noted that the change would take effect from the date of the order and that the Association must notify relevant authorities of the change. The Court also noted that the Association must update its registration and any relevant documents to reflect the new name.

Master Builders’ Association of Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established