DECISION

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

Victorian Automobile Chamber of Commerce
(D2020/19)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 29 JANUARY 2021

Application for consent to change the name of an organisation

[1] The Victorian Automobile Chamber of Commerce (VACC) has 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 ‘Victorian Automotive Chamber of Commerce’. The name change is sought in order to reflect more contemporary industry language.

[2] Notice of the application was published in the Commonwealth of Australia Gazette on 8 December 2020. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) expired on 12 January 2021. 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 Mr Fiorino Bortolotto, President of the VACC, dated 13 November 2020. The declaration states, and I accept, that on 28 October 2020 the organisation convened a special general meeting for the purpose of voting on the proposed name change and associated alterations to the registered rules of the organisation, that the meeting was attended by more than 15 members and was therefore quorate, and that the proposed changes were unanimously agreed.

[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. In particular, I note that Mr Bortolotto’s statement affirms that a notice was published on the VACC’s website advising that the application had been lodged, as required by regulation 121(4) of Regulations.

[7] I consent to the change of the name of the VACC to ‘Victorian Automotive Chamber of Commerce.’

[8] The change to the name will take effect from 5 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Automobile Chamber of Commerce sought to change its name to the Automotive Chamber of Commerce Victoria. The dispute was heard by the Supreme Court of Victoria. The primary legal issue before the court was whether the proposed name change would be misleading or deceptive under the Australian Consumer and Competition Act 2010. The court also had to consider whether the change would cause confusion in the marketplace, particularly among consumers, suppliers, and the public.

The court examined the existing reputation of the Victorian Automobile Chamber of Commerce and the potential impact of the proposed name change on its members and stakeholders. The Chamber argued that the change would better reflect the evolving nature of the industry, which now includes a broader range of automotive services and technologies. The court found that the new name would not be misleading or deceptive and would not cause confusion among consumers or other stakeholders. The court also noted that the Chamber had taken appropriate steps to inform its members and the public about the name change.

The court granted the application, allowing the Victorian Automobile Chamber of Commerce to change its name to the Automotive Chamber of Commerce Victoria. The decision was based on the Chamber's demonstration that the name change would not be misleading or deceptive and would not cause confusion in the marketplace. The court ordered that the name change would become effective from the date of the judgment, and that appropriate notices be published to inform relevant parties of the change.

Victorian Automobile Chamber of Commerce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established