The Restaurant and Catering Association of Victoria

[2014] FWC 5639

[2014] FWC 5639 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Change of name of organisation

The Restaurant and Catering Association of Victoria
(D2014/55)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 18 AUGUST 2014

Change of name of organisation, application to change name to Restaurant & Catering Industrial.

[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) by the Restaurant and Catering Association of Victoria (the Association) for consent to change the name of the Association.

[2] The application was signed on 24 March 2014 and lodged on 2 April 2014.

[3] The application is for consent for the Association to change its name to “Restaurant and Catering Industrial”.

[4] The application was gazetted in the Commonwealth of Australia Gazette on 1 May 2014 and also published on the Fair Work Commission’s website. No objection to the application was received within the prescribed time for the lodging of objections.

[5] Section 158 of the RO Act relevantly provides:

“(1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:

(a) in the case of a change in the name of the organisation—the FWC consents to the change under this section; or

(b) in the case of an alteration of the eligibility rules of the organisation:

(i) the FWC consents to the alteration under this section; or

(ii) the General Manager consents to the alteration under section 158A.

(2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.

(3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:

(a) is not the same as the name of another organisation; and

(b) is not so similar to the name of another organisation as to be likely to cause confusion.”

. . .

[6] The matter was heard together with D2014/56, which was an accompanying “Conditions of Eligibility Rules Alteration” application, on 11 August 2014.

[7] Both applications were intended to reflect the Association’s new national industrial focus.

[8] Having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the RO Act and the Regulations. I am also satisfied that:

1. The change has been made under the rules of the organisation (s.158(2)); and

2. The proposed new name of the organisation is not the same as the name of another organisation, nor is it so similar to the name of another organisation as to be likely to cause confusion (s.158(3)).

[9] I therefore consent to the change of name of the “Restaurant and Catering Association of Victoria” to “Restaurant and Catering Industrial”.

[10] This decision formalises the decision I gave on transcript at the hearing on 11 August. Accordingly, the change of name of the organisation will take effect from 11 August 2014.

DEPUTY PRESIDENT

Appearances:

G. Parkes for the Applicant.

Hearing details:

Sydney:

2014

August 11.

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<Price code A, PR554400>