Re Queensland Chamber of Commerce & Industry Limited, Industrial Organisation of Employers

[2014] QIRC 95

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re: Queensland Chamber of Commerce & Industry
Limited, Industrial Organisation of Employers
[2014] QIRC 095
PARTIES:	Queensland Chamber of Commerce & Industry
Limited, Industrial Organisation of Employers
(Applicant)
CASE NO:	RIO/2014/22
PROCEEDING:	Application to amend the name of the organisation
DELIVERED ON:	28 May 2014
HEARING DATE:	7 May 2014
MEMBER:	Industrial Commissioner Fisher
ORDER:	Name amendment approved.
CATCHWORDS:	INDUSTRIAL LAW - APPLICATION FOR NAME AMENDMENT - Notice published in courier-mail - Copy served on related industrial organisations - No objections - Satisfied provisions of act - Name amendment approved.
CASES:	Industrial Relations Act 1999, s 424, s 473(2), s 476 Industrial Relations (Tribunals) Rules 2011, s 197 Industrial Relations Regulation 2011, s 18 Corporations Act 2001 (Cth), s 249C
APPEARANCES:	Mr A. Nicholson, Mullins Lawyers and with him Mr A.R. Hogarth for the Applicant.

Decision

[1]      On 11 March 2014 Anthony Roy Hogarth and Peter Francis McKeon, Directors and Officers of the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) filed an application to amend the name of the organisation to "Queensland Chamber of Commerce and Industry ACN 009 662 060".

[2]      Notice of the application was published in the "Courier Mail" on 14 March 2014. The Registrar also required the QCCI to serve a copy on every industrial organisation whose callings include the callings of the QCCI's members or relate to their eligibility rules.

[3]      Having read the application, the Affidavit of Mr Hogarth and the Affidavit of Service filed by Georgina Elizabeth Cleveland in the Registry on 20 March 2014, the Queensland Industrial Relations Commission (the Commission) is satisfied that the application complies with Rule 197 of the Industrial Relations (Tribunals) Rules and s 18 of the Industrial Relations Regulation 2011.

[4]      The QCCI informed the Commission that no objections to the proposed name change were received.

[5] Section 473(2) of the Industrial Relations Act 1999 (the IR Act) provides:

"(2) The Commission may, by order, approve the name amendment only if

satisfied the amended name -

(a)

has been proposed under the organisation's rules; and

(b)

is not -

(i)	the same as another organisation's name; or
(ii)	so similar to another organisation's name as to be likely to cause confusion."

[6] An Affidavit was provided from Anthony Roy Hogarth, Director, QCCI, attesting to each of the matters set out in s 473(2) of the IR Act. Attached to the Affidavit was a copy of the resolution forwarded to members by way of notice of general meeting on 28 January 2014 and a copy of the resolution adopted by members at the general meeting held on 25 February 2014.

[7] The Commission raised with the Applicant that the notice of the amendments had been made under the s 249C of the Corporations Act 2001 (Cth) (the Corporations Act) and asked for submissions as to how such notice met the provisions of s 473(2)(a) of the Act that the amendment be proposed under the organisation's rules. Mr Nicholson, who appeared for the QCCI, provided written submissions advising of the following. Because the Applicant is a registered company it is bound by the provisions of the Corporations Act, however, the registered rules also provide for the calling of formal meetings. Mr Nicholson compared the registered rules of the QCCI with the corresponding provisions of the Corporations Act and submitted that they are consistent. In addition, reference was made to Mr Hogarth's Affidavit attesting to the conduct of and voting in the meeting being in accordance with the QCCI's registered rules.

[8] An issue the Commission needs to address is whether proposing the amendments under the Corporations Act meet the requirements of the IR Act that the amendments have been proposed under the organisation's rules. The Commission accepts that as the QCCI is a company limited by guarantee, its processes are governed by the Corporations Act. The information provided in the application, including the Affidavit of Mr Hogarth together with its attachments, and the submissions made by Mr Nicholson establish the consistency of processes between the Corporations Act and the QCCI's registered rules. In the particular circumstances of this case, the Commission is prepared to accept that the process of proposing the name amendment adopted meets s 473(2)(a) of the Act.

[9] The Commission is satisfied that s 473(2)(b) of the IR Act has been met.

[10] The effect of the application is to remove the words "Industrial Organisation of Employers" from the registered name of the QCCI. An organisation that is a corporation is not required to have those words in its name registered under the IR Act: s 424.

[11] Mr Nicholson advised that it is the intention of the QCCI to include the ACN as part of its name as it wants to act consistently with the Corporations Act and identify the ACN in any formal documents. Further, the QCCI believes that the inclusion of the ACN in its name will reflect a more corporate and commercial image. The matter was specifically considered by the general meeting and it departed from the proposed resolution to include the ACN in the name amendment.

[12] Having satisfied the relevant provisions of the IR Act, the Commission approves, by Order, the name amendment. The name amendment takes effect on 28 May 2014.

[13] The Commission will notify the Registrar of this Order so that the steps required by s 476 of the IR Act can be taken.

[14] Order accordingly.