What are common errors in the area of non-compliance with requirements for a legal document and IAC's other requirements?
The common errors are:
- The CA does not bear the signatures of all the parties to the CA e.g. where there are two employers named in the Preamble and the CA is signed by a representative of only one of the employers.
- The CA bears the signature of only one witness instead of two, i.e. one witness each from the employer and the union.
- Missing information e.g. an Appendix referred to in a CA clause is not included.
- The CA contains an Appendix which is not referred to in the main body of the CA.
- The title of the CA as stated in the Appendix does not tally with that stated in the agreement, eg Appendix states 'XXX Employees' Agreement of 20XX', whereas the title of the CA is 'XXX Employees' Agreement of 20YY'.
- Gaps or repetitions in the numbering of clauses, sub-clauses, etc., e.g. Clause 12 is followed by Clause 14, or other instances of incorrect numbering e.g. first paragraph is numbered (d) instead of (a).
- Title of the CA contains a different year from the year in which the CA is signed eg XXX Employees’ Agreement of 20XX instead of 20YY when the agreement is made in 20YY.
- Approved Softcopy of Collective Agreement (ASCA) of the previous CA was not used as the basis for preparing the new CA.