collective agreement

Recitals

1. Canadian Natural Resources Limited (the “Owner") owns the Horizon Oil Sands Project (the “Project”) comprised of leases covering approximately 236,000 acres in the Fort McMurray region of Northern Alberta, and has received Provincial and Federal Government approval to proceed with the Project as defined below, to develop these lands;
   
   
2. The Project includes the construction and operation of a mine, a bitumen extraction complex, an upgrader, and associated infrastructure;
   
   
3. The Owner has entered into an agreement with HCML to be primarily responsible for construction of the Project;
   
   
4. The Owner and the Parties wish to have the Project constructed as efficiently as possible, while maintaining labour relations stability by avoiding disruptions, strikes and lockouts;
   
   
5. The Owner and the Parties wish to enhance the participation on the Project and the work experience of the qualified trades people and construction workers that are resident in the Project area, the rest of Alberta, and the rest of Canada;
   
   
6. On December 6, 2004, the Lieutenant Governor in Council issued the Horizon Oil Sands Project Designation Regulation O.C. 565/2004, Alta. Gaz December 31, 2004 (the "Order in Council"), pursuant to which the Lieutenant Governor in Council designated that for the purposes of Section 196 of the Alberta Labour Relations Code (the "Code"):
   
   
   1. The Project is designated as a project to which Division 8 of Part 3 of the Code applies;
      
      
   2. HCML is designated as the principal contractor of the Project;
      
      
   3. HCML is authorized to bargain collectively in respect of the Project; and
      
      
   4. the scope of construction in respect of the Project to which a collective agreement under Division 8 of Part 3 of the Code ("Division 8") will apply is all construction work until completion of Phases 1, 2 and 3 of the Project.
      
      
   The Order in Council is attached as Appendix 1.
   
   
7. The Parties recognize that one of the underlying purposes of Division 8 is to remove the possibility of labour disruptions at major construction projects designated as projects under Division 8;
   
   
8. CEP is the bargaining agent of Trade employees of contractors who will be involved in the construction of the Project;
   
   
9. As principal contractor for the Project, HCML is authorized under section 196 to bargain with CEP on behalf of contractors employing persons on the Project who are represented by CEP;
   
   
10. The Parties wish to enter into a collective agreement pursuant to Division 8 for the Project; and
    
    
11. The construction of the Project can best be achieved by having certain terms and conditions of employment apply to HCML, as the principal contractor, and to all employees in all Trades and their Employers. Accordingly, the Parties have structured and adopted language to recognize different relationships among the various Employers, Unions and Employees, as well as various collective agreements and bargaining relationships.
     
     

12. This agreement is the first amendment and restatement of the “Horizon Oil Sands Project Collective Agreement for all Employees pursuant to the Horizon Oil Sands Project Designation Regulation, O.C. 565/2004, Alta. Gaz., December 31, 2004, (Labour Relations Code, Division 8)”, and shall replace and supercede the prior agreement, including any amendment thereto or restatements thereof, as of its effective date.