Victorian Employers' Chamber of Commerce and Industry

[2015] FWC 7732

[2015] FWC 7732

FAIR WORK COMMISSION

DECISION

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

Victorian Employers' Chamber of Commerce and Industry
(D2015/63)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 NOVEMBER 2015

Application for consent to change the name of an organisation; application to change name to Victorian Chamber of Commerce and Industry; consent to change of name granted.

[1] The Victorian Employers’ Chamber of Commerce and Industry (VECCI) (the Applicant) has applied to the Fair Work Commission (Commission) under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to change the name of the organisation.

[2] The application was made on 1 September 2015. Section 158(1) enables the Commission to consent to a change to the name of an organisation if it is satisfied that the change has been made under the rules of the organisation.

[3] The application is for the name of the organisation to be changed to ‘Victorian Chamber of Commerce and Industry’.

[4] The proposed name change was adopted by the Annual General Meeting of members of the organisation in accordance with rule 41 of the organisation. The organisation appears to have satisfied the requirements of its name changing procedures.

[5] The organisation is also required to comply with Regulation 121 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations). Regulation 121 sets out as follows:

‘121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158 (1))

(1) An organisation may apply to the FWC for the consent of the FWC under subsection 158(1) of the Act to:

(a) change the name of the organisation; or

(b) alter the eligibility rules of the organisation.

(2) An application under subregulation (1) must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) set out:

(i) if the application is for consent to change the name of the organisation—the proposed name and the reason for the proposal; or
(ii) if the application is for consent to alter the eligibility rules of the organisation—the proposed alteration, the reason for the proposal and the effect of the proposal, in sufficient particularity to allow the proposal to be properly considered; and

(c) contain a declaration:

(i) that the change or alteration was made in accordance with the rules of the organisation; and
(ii) stating the action taken under those rules to make the change or alteration; and
(iii) verifying the facts stated in the application; and

(d) be lodged with the FWC; and

(e) if the application is for consent to alter the eligibility rules of the organisation—be lodged with a copy of the rules that are proposed to be altered.

(3) If an application under subregulation (1) is not in accordance with this regulation, the General Manager must tell the applicant how the application or statement does not comply with the regulation.

(4) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).’

[6] The application was made under the seal of the organisation and signed by Mr Mark Stone, Secretary of the organisation in accordance with rule 41 of the organisation’s rules. The application was in the approved Form F67 and set out the proposed change of name, the reason for the change and the effect of the change.

[7] The application contained a declaration which failed to provide information on how notice was provided to members of the organisation and did not verify the facts stated in the application.

[8] Subsequently, on 10 September 2015 a second declaration was provided by the Applicant stating that the change was made in accordance with the rules of the organisation; stating the action taken under those rules to make the change of name; and verifying the facts stated in the application.

[9] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette (Gazette) on 17 September 2015. No objections were made or received within the time prescribed.

[10] I am satisfied that the organisation has complied with the requirements of Regulation 121 of the RO Regulations and after giving notice in the Gazette, that there is no objection to the change of the name of the organisation. I have decided to consent to the change of name under s.158 of the RO Act.

[11] The change to the name of the organisation will take effect seven days from the date of this decision.

DEPUTY PRESIDENT

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