DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferrero Australia Pty Ltd
(AG2020/1834)

FERRERO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019-21

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JULY 2020

Application for approval of the Ferrero Australia Pty Ltd Enterprise Agreement 2019-21.

[1] An application has been made for approval of an enterprise agreement known as the Ferrero Australia Pty Ltd Enterprise Agreement 2019-21 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferrero Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 July 2020 and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ferrero Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from negotiations between Ferrero and its employees, represented by the Food, Beverage and Tobacco Workers Union. The application was brought to the Fair Work Commission to determine if the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated and made in good faith. Additionally, the Commission needed to consider if the agreement contained provisions that were contrary to public policy or contrary to the objects of the Act.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission noted the comprehensive nature of the agreement and the efforts made by both parties to reach a resolution. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or the objects of the Fair Work Act. Given these findings, the Commission approved the Ferrero Australia Pty Ltd Enterprise Agreement 2019-21. The decision highlights the importance of genuine negotiation and the need for agreements to align with statutory requirements and public policy considerations. The Commission's approval ensures that the terms of the agreement will govern the employment relationship between Ferrero and its employees for the specified period.

Ferrero Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established