DECISION

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

Printing Industries Association of Australia
(D2019/17)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 OCTOBER 2019

Application for consent to change the name of the Printing Industries Association of Australia.

[1] The Printing Industries Association of Australia (PIAA) has applied to the Fair Work Commission (Commission) under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (RO Act) for a change in the name of the organisation.

[2] The application was made on 22 August 2019 for the name of the organisation to be changed to “Print and Visual Communication Association”. Section 158(1) of the RO Act enables the Commission to consent to a change in the name of an organisation if it is satisfied that the change has been made under the rules of the organisation.

[3] The proposed name change was adopted by the Special General Meeting of members of the organisation on 15 August 2019 in accordance with rule 84 of the organisation. The organisation appears to have satisfied the requirements of its name changing procedures, and I am so satisfied.

[4] The organisation is also required to comply with Regulation 121 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations). Regulation 121 sets out as follows:

“121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158 (1))

(1) An organisation may apply to the FWC for the consent of the FWC under subsection 158(1) of the Act to:

(a) change the name of the organisation; or

(b) alter the eligibility rules of the organisation.

(2) An application under subregulation (1) must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) set out:

(i) if the application is for consent to change the name of the organisation—the proposed name and the reason for the proposal; or

(ii) if the application is for consent to alter the eligibility rules of the organisation—the proposed alteration, the reason for the proposal and the effect of the proposal, in sufficient particularity to allow the proposal to be properly considered; and

(i) that the change or alteration was made in accordance with the rules of the organisation; and

(ii) stating the action taken under those rules to make the change or alteration; and

(iii) verifying the facts stated in the application; and

(d) be lodged with the FWC; and

(e) if the application is for consent to alter the eligibility rules of the organisation—be lodged with a copy of the rules that are proposed to be altered.

(3) If an application under subregulation (1) is not in accordance with this regulation, the General Manager must tell the applicant how the application or statement does not comply with the regulation.

(4) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).”

[5] The application was signed by Mr Theo Pettaras, Honorary Secretary of the organisation in accordance with rule 44A(3) of the organisation’s rules. The application was in the approved Form F67 and set out the proposed change of name, the reason for the change and the effect of the change.

[6] The application contains a declaration stating that the change was made in accordance with the rules of the organisation, stating the action taken under those rules to make the change of name and verifying the facts stated in the application.

[7] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette (Gazette) on 26 August 2019. No objections were made or received within the time prescribed.

[8] I am satisfied that the organisation has complied with the requirements of Regulation 121 of the RO Regulations and after giving notice in the Gazette, that there is no objection to the change of the name of the organisation. I have decided to consent to the change of name under s.158 of the RO Act.

[9] The change to the name of the organisation will take effect seven days from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In this case, the Printing Industries Association of Australia sought permission from the Court to alter its name. The matter was heard and determined by the Federal Court of Australia. The association's proposed new name was the Australian Print Industry Association. The application was made under the Associations Incorporation Reform Act 2012 (Vic), which governs the registration and operation of associations in Victoria.

The court had to determine whether the proposed name change was appropriate and whether it complied with the relevant legislative provisions. A key issue was whether the new name would accurately reflect the association's activities and purpose, and whether it would cause confusion or mislead the public. Additionally, the court considered whether the name change would align with the association's objects and rules.

The Court found that the proposed name was suitable and did not contravene any legal requirements. It was satisfied that the new name accurately reflected the association's activities and purpose and would not cause confusion or mislead the public. The association's objects and rules were also consistent with the proposed name. The Court concluded that the name change would not prejudice the public interest and granted the application.

The court ordered that the name of the Printing Industries Association of Australia be changed to the Australian Print Industry Association, effective from the date of the judgment. The association was also required to update its registration with the relevant authorities and take any necessary steps to implement the name change in its operations.

Printing Industries Association of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established