FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 158 Change of name or alteration of eligibility rules of organisation

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 158

  (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.

  (4)   The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:

  (a)   to which those persons could more conveniently belong; and

  (b)   that would more effectively represent those members.

  (5)   However, subsection   (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.

  (6)   The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation's right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.

  (7)   The FWC may also refuse to consent to an alteration of the eligibility rules of an organisation if it:

  (a)   is satisfied that the alteration would change the effect of any order made by the FWC under section   133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and

  (b)   considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.

  (8)   Subsections   (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.

  (9)   Where the FWC consents, under subsection   (1), to a change or alteration, the change or alteration takes effect on:

  (a)   where a date is specified in the consent--that date; or

  (b)   in any other case--the day of the consent.

  (10)   This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:

  (a)   determined by the FWC under subsection   163(7); or

  (b)   proposed to be made for the purposes of an amalgamation under Part   2 of Chapter   3 or Division   4 of Part   7 of Chapter   11; or

  (c)   proposed to be made for the purposes of a withdrawal from amalgamation under Part   3 of Chapter   3.