Ferrero Australia Pty Ltd

Case

[2022] FWCA 334

3 FEBRUARY 2022


[2022] FWCA 334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ferrero Australia Pty Ltd

(AG2021/9272)

APPLICATION FOR APPROVAL OF THE FERRERO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021-2025

Food, beverages and tobacco manufacturing industry

COMMISSIONER P RYAN

SYDNEY, 3 FEBRUARY 2022

Application for approval of the Ferrero Australia Pty Ltd Enterprise Agreement 2021-2025

  1. Ferrero Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Ferrero Australia Pty Ltd Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183

  1. The Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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