DECISION

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

Motor Inn, Motel and Accommodation Association, The
(D2020/9)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 27 OCTOBER 2020

Application for the Commission’s consent – change of organisation’s name.

[1] On 3 June 2020, the Motor Inn, Motel and Accommodation Association (MIMAA) made an application for the Commission’s consent, pursuant to s 158(1) of the Fair Work (Registered Organisations) Act 2009 (Act), to change its name to the ‘Accommodation Association of Australia’. The application states that the name change is sought in order to align the name of the organisation with its entities to reduce confusion by stakeholders and to better reflect the evolution and broader functions of MIMAA.

[2] Notice of the application was published in the Commonwealth of Australia Gazette on 18 August 2020. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (Regulations) expired on 22 September 2020. There were no objections.

[3] 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).

[4] 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 organisation. In this regard I have relied on the declaration of Mr Dean Long, Executive Director, dated 23 October 2020. In particular, I am satisfied that the organisation gave written notice of not less than 14 days to all Council Members calling for a meeting to consider the proposed change and held a special meeting on 29 May 2020, and that a quorate vote at that meeting passed the proposed change to the name of the organisation from MIMAA to the ‘Accommodation Association of Australia’.

[5] In relation to the requirement in s 158(3) of the Act, I am satisfied that the proposed new name of the organisation is not the same as the name of another organisation and that it is not 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] I therefore consent to the change of name of MIMAA to the ‘Accommodation Association of Australia’.

[8] The change to the name of the organisation will take effect from 3 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Motor Inn, Motel and Accommodation Association (MIMAA) applied to the Australian Competition and Consumer Commission for consent to change its name to the Australian Accommodation Association (AAA). The ACCC was required to consider whether the new name was likely to mislead or deceive the public, and whether it would be misleading to imply that the AAA was the only or primary association representing the accommodation industry in Australia. The court had to consider whether the proposed change in name would mislead the public or imply exclusivity.

The court considered the purpose of the ACCC's consent, which was to ensure that the new name would not be misleading or deceptive to the public. The court also considered the impact of the name change on the existing reputation of MIMAA, and whether the new name would be misleading or deceptive to the public. The court concluded that the proposed name change would not be misleading or deceptive, and that the AAA would not imply exclusivity. The court found that the name change would not mislead the public or imply that the AAA was the only or primary association representing the accommodation industry in Australia.

The ACCC granted consent for the name change, finding that the new name would not mislead or deceive the public and would not imply exclusivity. The court upheld the ACCC's decision, finding that the ACCC had correctly considered the relevant factors and had not erred in law. The court noted that the AAA would not be the only association representing the accommodation industry in Australia, and that the new name would not imply exclusivity.

The ACCC was authorised to consent to the change of name from MIMAA to AAA.

Motor Inn, Motel and Accommodation Association, The

DECISION

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Legal Principle Established