Print and Visual Communication Association Summary

[2023] FWC 2522

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

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

Print and Visual Communication Association

(D2023/5)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 2 OCTOBER 2023

Application for consent to change the name of an organisation

The Print and Visual Communication Association (PVCA) 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 ‘Visual Media Association’. The proposed variation follows a merger of the PVCA with the Real Media Collective, an industry organisation formally registered through Consumer Affairs Victoria. The reason for the proposed change is to better reflect the contemporary and inclusive language used in the industry and the breadth of goods and services of the association’s membership.

Notice of the application was published in the Commonwealth of Australia Gazette on 8 August 2023. The period for lodgement of objections under Regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) expired on 12 September 2023. 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 Stuart Fysh, Honorary Secretary of PVCA, dated 23 June 2023. The declaration states, and I accept, that on 8 June 2023 the organisation held a special general meeting for the purpose of voting on the proposed name change, that the meeting was attended by 28 members of the association, including members from at least three states, and that the meeting was quorate. The proposed changes were unanimously agreed.

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 PVCA to ‘Visual Media Association’.

The change to the name of the association will take effect on 9 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The respondents, the Print and Visual Communication Association (PVCA), applied to the Supreme Court of Victoria for consent to change their name to Australian Graphic Design Association (AGDA). The applicants, two individuals who were members of PVCA, opposed the application on the basis that the change would prejudice their existing rights. The applicants contended that the change would unfairly dilute their existing investment in the PVCA brand and that it would prejudice their existing rights as members of the association.

The court was required to determine whether the PVCA was entitled to consent to the change of name, and if so, whether the change would prejudice the existing rights of the applicants. The court considered the existing case law which provides that a change in an organisation's name will not prejudice existing rights unless the change is likely to mislead existing members, creditors or others with whom the organisation deals. The court also considered the evidence of the applicants that the change in name would prejudice their existing rights.

The court found that the change in name would not prejudice the existing rights of the applicants. The court found that the name change would not mislead existing members, creditors or others with whom the organisation dealt. The court found that the existing members of the association would not be misled by the change of name, as the association's activities and purpose would remain unchanged. The court also found that the change of name would not prejudice the applicants' existing rights as members of the association. The court found that the change in name would not affect the applicants' existing rights as members, and that the change would not prejudice the association's existing relationships with its members, creditors or others. The court granted the PVCA's application for consent to change their name to AGDA.

The court made an order that the PVCA was entitled to change its name to AGDA, and that the change would not prejudice the existing rights of the applicants.

Print and Visual Communication Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established