See Fair Work Act 2009 s.187(2)
Where a scope order is in operation, the Fair Work Commission must be satisfied that approving an agreement would not be inconsistent with or undermine good faith bargaining for employees covered by the order.
This section is intended to deal with a situation where the Commission has issued a scope order which states, for example, that the agreement can only cover certain employees and the agreement that is ultimately lodged with the Commission says that it will cover different employees. The Commission will not be able to approve this agreement unless it is satisfied that it is not inconsistent with or will not undermine good faith bargaining.
For instance, if the bargaining representatives have subsequently all agreed to make an agreement to cover a different scope of employees, this may not undermine good faith bargaining. However, if the employer has obtained employee approval for an agreement that does not cover the same scope of employees as the scope order requires, and this is against the wishes of a group of employees who were subject to the scope order, this may undermine good faith bargaining requirements.