DECISION

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

National Electrical Contractors Association
(D2019/23)

Application for consent to change the name of an organisation

[1] On 2 December 2019, the National Electrical Contractors Association (NECA) made an application for the Commission’s consent, pursuant to s 158(1) of the Fair Work (Registered Organisations) Act 2009 (Act), to change its name to the ‘National Electrical and Communications Association’. The application states that the name change is sought in order to align the name of the organisation with its commonly known brand name, whilst retaining the well-known acronym ‘NECA’.

[2] Notice of the application was published in the Commonwealth of Australia Gazette on 16 December 2019. The period for lodgement of objections under regulation 124 of the Fair Work (Registered Organisations) Regulations 2009 (Regulations) expired on 20 January 2020. 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 Suresh Manickam, National Secretary, dated 2 December 2019. In particular, I am satisfied that the organisation convened a national council meeting on 21 November 2019, and that a quorate vote at that meeting passed an amendment to Rule 1 to change the name of the organisation to ‘National Electrical and Communications Association’.

[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 that it 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 the National Electrical Contractors Association to the ‘National Electrical and Communications Association’.

[8] The change to the name of the organisation will take effect from 14 February 2020.

DEPUTY PRESIDENT

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