Ferrero Australia Pty Ltd

[2025] FWC 2983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ferrero Australia Pty Ltd

(AG2025/3247)

FERRERO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025-2028

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 7 OCTOBER 2025

Application for approval of the Ferrero Australia Pty Ltd Enterprise Agreement 2025-2028

Ferrero Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Ferrero Australia Pty Ltd Enterprise Agreement 2025-2028 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 14 October 2025. The nominal expiry date of the Agreement is 31 August 2028.

The Agreement covers the Australian Manufacturing Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ferrero Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The proposed agreement, the Ferrero Australia Pty Ltd Enterprise Agreement 2025-2028, was the subject of the application. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement had been genuinely negotiated, whether it contained only matters that were bargainable, and whether it met the "better off overall test". Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution processes and whether it complied with any applicable minimum standards.

The Commission found that the agreement had been genuinely negotiated between the parties and contained only genuine bargaining. It met the better off overall test, providing employees with improved pay and conditions. The agreement also contained appropriate dispute resolution processes and complied with all relevant minimum standards. Accordingly, the Commission approved the enterprise agreement, emphasising the importance of good faith bargaining and the need for agreements to provide genuine benefits to employees.

The Fair Work Commission approved the Ferrero Australia Pty Ltd Enterprise Agreement 2025-2028, effective from the date of the decision. The Commission's decision highlighted the importance of genuine negotiation and the need for enterprise agreements to provide genuine benefits to employees. The approval of the agreement ensures that employees will have improved pay and conditions, while also providing certainty and stability for the employer and employees in the period ahead.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established