See Fair Work Act 2009 ss.238–239
If a bargaining representative for a proposed single-enterprise agreement (other than a greenfields agreement):
the bargaining representative may apply to the Fair Work Commission for a scope order.
If the Commission grants the scope order, the order will specify the employer (or employers), and the employees who will be covered by the proposed agreement.
Employer initiates or agrees to bargain for a proposed enterprise agreement
Employer issues employees with a notice of employee representational rights
Employees may appoint bargaining representatives
Employer MAY need to issue employees with a new notice of employee representational rights
Scope order made by the Commission
New notification time
Application for a scope order
Good faith bargaining
Representatives bargain for a proposed enterprise agreement
Employer asks employees to approve proposed enterprise agreement (by voting)
Bargaining representative lodges enterprise agreement with the Commission for approval
The Commission approves enterprise agreement
A bargaining representative for a proposed single-enterprise agreement may apply to the Commission for a scope order.
A bargaining representative may only apply for the scope order if the representative:
A bargaining representative must not apply for a scope order if a single interest employer authorisation is in operation in relation to the proposed enterprise agreement.
The Commission may make a scope order if it is satisfied in relation to each of the following matters:
If the proposed agreement will not cover all of the employees of the employer (or employers), the Commission must, when deciding whether the group of employees who will be covered by the agreement was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.
A scope order must specify the employer (or employers) and the employees who will be covered by the agreement.
A scope order may relate to more than one proposed single-enterprise agreement.
If the Commission makes a scope order, it may also:
A scope order in relation to a proposed single-enterprise agreement comes into operation on the day on which it is made.
A scope order ceases to operate at the earliest of the following:
The date that a scope order comes into operation becomes the notification time for issuing a notice of employee representational rights.
However, an employer is not required to give a new notice of employee representational rights to an employee if:
 Fair Work Act s.173(4).