Motor Trade Association of South Australia, The

[2011] FWA 8209

[2011] FWA 8209

FAIR WORK AUSTRALIA

DECISION

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

Motor Trade Association of South Australia, The
(D2011/2507)

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 29 NOVEMBER 2011

Rules of organisation - Change of name.

[1] By application lodged on 3 August 2011, The Motor Trade Association of South Australia’ (MTASA) applied for consent to change its name to include ‘Incorporated’ at the end of the organisation’s registered name under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act). The applicant wishes to make the organisation’s name consistent with its registered name under the Associations Incorporation Act 1985 (SA).

[2] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, on 24 August 2011. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) closed on 28 September 2011. No objections were lodged in the relevant period.

[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 organisation. In this regard I have relied on the declaration dated 12 August 2011 of Mr John Chapman, Secretary of the Association.

[5] Under s.158(3) of the Act I am satisfied that the proposed new name of the Association 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, which will become “The Motor Trade Association of South Australia Incorporated”.

[8] Pursuant to s.158(9), the change of name takes effect from 6 December 2011.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr J Chapman, Secretary of the Association for the Applicant

Hearing details:

2011
Melbourne
24 November

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