Motor Inn, Motel and Accommodation Association, The

[2020] FWC 5728

[2020] FWC 5728

FAIR WORK COMMISSION

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

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