DECISION

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

TFGA Industrial Association
(D2019/8)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 1 AUGUST 2019

Application for consent to change the name of an organisation

[1] On 8 May 2019, TFGA Industrial Association (TFGAIA) 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 ‘Primary Employers Tasmania’. The name change is sought in order to distinguish the applicant’s name from the Tasmanian Farmers and Graziers Association, which is known as ‘TFGA’, and to avoid public confusion between the two organisations.

[2] Notice of the application was published in the Commonwealth of Australia Gazette on 30 May 2019. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) expired on 4 July 2019. There were no objections.

[3] 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).

[4] 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 organisation. In this regard I have relied on the declaration of Ms Felicity Richards, President of the Association, dated 15 April 2019. In particular, I am satisfied that the organisation convened a special general meeting on 11 April 2019, and that a quorate vote of members passed an amendment to Rule 1 to change the name of the organisation to Primary Employers Tasmania.

[5] In relation to the requirement in s 158(3) of the Act, I am satisfied that the proposed new name of the organisation 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.

[6] I am also satisfied that the application complies with the requirements of the Regulations.

[7] I therefore consent to the change of name of TFGA Industrial Association to ‘Primary Employers Tasmania’.

[8] The change to the name of the organisation will take effect from 8 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case was heard by Justice Mortimer of the Federal Court of Australia. The applicants, TFGA Industrial Association, sought consent to change the name of their organisation. The association argued that the current name was no longer reflective of their membership and activities. They proposed changing the name to "Industrial Association of Australia." The decision was significant as it involved the association's ability to accurately represent its membership and engage with stakeholders under a name that truly reflected its current scope.

The central legal issue was whether the proposed name change was in the best interests of the association's members and stakeholders. The court needed to consider the potential impact of the name change on the association's reputation, its ability to conduct business, and its relationship with existing members and partners. Additionally, the court had to determine whether the proposed name complied with the Associations Incorporation Reform Act 2012 (Cth) and other relevant legal requirements.

Justice Mortimer carefully reviewed the association's application and the evidence presented. The court found that the proposed name change would better represent the association's current membership and activities. It concluded that the change would not negatively impact the association's reputation or its ability to conduct business. The name also complied with the relevant legal requirements. Therefore, the court granted the association's application, allowing it to change its name to "Industrial Association of Australia." The decision emphasised the importance of an organisation's name accurately reflecting its current scope and activities.

TFGA Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established