See Fair Work Act 2009 ss.236–237
Where a majority of employees want to bargain with their employer to make an enterprise agreement and the employer has not yet agreed to bargain or initiated bargaining, a bargaining representative of the employees may apply to the Fair Work Commission for a majority support determination.
If the Commission makes a majority support determination, the employer is required to bargain. If the employer refuses to bargain, the employee bargaining representative may seek a bargaining order to require the employer to meet the good faith bargaining requirements.
Employer has NOT initiated or agreed to bargain for a proposed enterprise agreement
Majority support determination made by the Commission
Employer issues employees with a notice of employee representational rights
Employees may appoint bargaining representatives
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
An application for a majority support determination can only be made in relation to a proposed single-enterprise agreement.
An application for a majority support determination must be made by a bargaining representative of an employee who will be covered by the proposed agreement.
The application must specify the employer (or employers) and the employees who will be covered by the proposed agreement.
The Commission must make a majority support determination if an application has been made and it is satisfied that:
The Commission may work out whether a majority of employees want to bargain using any method the Commission considers appropriate. Methods might include a secret ballot, survey, written statements or a petition.
If the agreement will not cover all of the employees of the employer(s) covered by the agreement, in deciding whether the group of employees who will be covered was fairly chosen the Commission must take into account whether the group is geographically, operationally or organisationally distinct.
A majority support determination comes into operation on the day on which it is made.
 Explanatory Memorandum to Fair Work Bill 2008 at para. 651.
 Fair Work Act s.236.
 Explanatory Memorandum to Fair Work Bill 2008 at para. 979; see for example Transport Workers' Union of Australia v MWAV Pty Ltd T/A Man With A Van  FWC 6525 (Gregory C, 23 October 2018).