Territory Construction Association

[2010] FWA 6669

[2010] FWA 6669

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for change of name of organisation

Territory Construction Association
(D2010/5007)

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 30 AUGUST 2010

Rules of organisation – Change of name.

[1] By application lodged on 22 June 2010 the Territory Construction Association (Association) applied for consent to change its name. The application is made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act). The change of name is sought in order to assist with national marketing and to align the Northern Territory branch more closely with its partners in the other states and territories.

[2] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, GN 26 on 7 July 2010. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) closed on 11 August 2010. 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 16 June 2010 of Philip Storey, President 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 “Master Builders Association of the Northern Territory trading as Master Builders Northern Territory”.

[8] Pursuant to s.158(9), the change of name of the Union takes effect from 6 September 2010.

SENIOR DEPUTY PRESIDENT

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