Epic decision to be appealed Thursday

The EPMU will be challenging the Employment Court’s decision in the Epic Packaging case in the Court of Appeal on Thursday.

The Epic decision has the potential to undermine the ability of workers to join a Multi Employer Collective Agreement after it has been settled with employers.

If the Employment Court is right it could mean workers who want to be part of a MECA such as the Metals or the Plastics and whose employer refuses couldn’t then take industrial action to press their claim. The employer still has to act in good faith, but could cause a lot of inconvenience.

The present situation under the Employment Court’s ruling lead to fifty six employers being nominated as original parties in this year’s Metals negotiations in order to ensure it continued to cover a substantial part of the manufacturing industry.

EPMU senior lawyer Tony Wilton says the result of this week’s appeal will be crucial to the whole New Zealand union movement. “As it stands the Epic decision makes it very hard to run industry agreements because employers don’t have to agree if they don’t want to and that has consequences for any union looking to consolidate bargaining and set industry standards.”

“This decision and the outcome of the appeal will have a significant effect on the way unions organise in the future.”

The appeal is set down for one day but a decision may not be available until next year.