Ferrero Australia Pty Ltd

[2025] FWCA 3390

The attached document wholly replaces the document previously issued on 7 October 2025 with the code [2025] FWC 2983 to correct document referencing.

Associate to Commissioner McKinnon

Dated 9 October 2025

[2025] FWCA 3390

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, sought the Fair Work Commission's approval of an enterprise agreement with its employees, represented by the Food, Beverage and Tobacco Workers Union. The union objected to the application on the basis that the agreement did not provide for adequate protection of employees' rights and entitlements. The dispute was heard by the Fair Work Commission, the body responsible for regulating enterprise agreements under Australian labour law.

The central legal issue before the Commission was whether the agreement provided sufficient protections for employees' rights and entitlements as required by the Fair Work Act 2009. This involved assessing whether the agreement met the statutory minimum standards set out in the Act, including provisions relating to minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also had to consider whether the agreement was made in good faith and without coercion, coercion or undue influence, as required by the Act.

The Commission found that the agreement did not adequately protect employees' rights and entitlements in several respects. It did not provide for adequate minimum wage rates, leave entitlements or dispute resolution mechanisms, and contained provisions that were inconsistent with the statutory minimum standards set out in the Act. The Commission also found that the agreement was not made in good faith, as the employer had engaged in misleading and deceptive conduct during the bargaining process. As a result, the Commission refused to approve the agreement. The employer was given an opportunity to amend the agreement and resubmit it for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established