By Brett McKay
November 5th 2008 @ 2:33am

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Western Force Giteau’s hand

In an obvious attempt to move on from the whole debacle of former sponsor Firepower, the Western Force last week took the extraordinary step of forcing chief playmaker Matt Giteau to make a decision on where he’ll play in 2010 by close of business last Friday.

Never mind the mere details, one being that it’s still 2008 by my count, or the other being that he was a little bit busy at the time, preparing for a Bledisloe Cup clash against New Zealand in Hong Kong on Saturday night!

Despite signing a contract with the Australian Rugby Union (ARU) through to 2011 two years ago when he left the ACT Brumbies, Giteau had a clause in his contract which allowed him to negotiate with other Super 14 sides for the 2010 and 2011 seasons.

The suddenly-public tug of war between the Force and Brumbies has been quite interesting; with news first that WA corporates had agreed to match the cash component of Giteau’s missing Firepower money (as long as he agreed to the deal by last Friday).

This was met with news of Giteau seeking legal advice on whether he had grounds for an immediate release from his Western Force contract, on the basis of the non-payment of the third party money.

Brumbies fans then choked on their corn flakes last Friday morning, with The Canberra Times running a story that ACT companies are doing their best to bring their prodigal rugby son home, possibly as early as next season.

This third party payment situation, as ridiculous as it’s becoming, just goes to highlight the problem the ARU has created for itself.

To start with, Giteau’s new agent (he punted the agent who put him onto Firepower) is essentially playing the corporate rugby communities of Perth and Canberra – and by default the Force and Brumbies – off against each other.

Given he carries an obvious personal stake in Giteau’s decision, this represents a massive conflict of interest.

And this is why the ARU’s ruling that the Super 14 clubs can’t directly solicit third party deals for players is flawed.

If the clubs were allowed to actively seek the third party deals themselves (like what happened with the Waratahs, sorry, Friends of the Waratahs in the chase for Andrew Johns, and holding onto Lote Tuqiri), then the process would be a lot more transparent, and less affected by the evident interest and personal gain of the player agents involved.

In reality, the current arrangement has little to do with getting the player in the best environment for his development or continued success, but rather a bigger slice of the best corporate deal for the player’s agent.

And how much due diligence are the agents carrying out?

The Firepower example would suggest the answer is “not much,” though admittedly rugby players and clubs aren’t the only victims in this case.

Presumably, any third party deals couldn’t conflict existing club and ARU sponsors, which means that the clubs would have to hold final approval over the deals anyway.

So why not just let the clubs run the whole process, and include the third party deal as part of the formal offer/contact renewal to the player? Why make the clubs so reliant on the player’s agent, who’s really just feathering his own nest?

The average rugby follower is not stupid, and can smell a rat miles away, especially when key players are being pinched (or is it poached?) from under their noses.

I’m sure I’m not alone in my assumption that the clubs play some part in finding third party deals anyway, so why not just admit that that’s the case?

The situation would be a whole lot less on the nose to the average fan if the clubs controlled the situation, and the player agents could then revert to their primary job: looking after their player.

FOOTNOTE: Matt Giteau rejected the Force’s $1.6m offer after the Bledisloe on Saturday night. Indications are that he was not happy with a condition of the offer being that he remained in Perth until 2011. No official word has been given on is likely whereabouts for 2009.

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Crowd Says (9)

Jason W said  | November 5th 2008 @ 9:00am | Report comment

What a load of crap. These princesses holding the clubs by the short and curlies. Obviously the days of caring about who and what you are playing for have gone. I am a Western Force fan and I know we stole a number of players when we started up, so we can’t bitch about it coming back on us, but if the only thing these players are loyal to is the mighty dollar then I would prefer to not support them. I would prefer to see young players come through who have passion for the shirt rather than some “hero”, who frankly I don’t think did a lot for the team…

Central North said  | November 5th 2008 @ 10:33am | Report comment

Brett – you’re being particularly naïve if you’re alleging that the Waratahs were involved with the Tuqiri third party deal while the Force wasn’t involved in the Giteau-Firepower deal..

I’m all for pointing out bending of the rules, but don’t let personal bias make you think it’s ok to sling mud at one and not the other.

View Brett McKay's Roar profile

Brett McKay said  | November 5th 2008 @ 10:50am | Report comment

Central North,

That was exactly my point, that the Force absolutely were involved as well. Likewise, I’m sure the ACT business community has now been whipped into action by the Brumbies. The Johns/Tuqiri situations were obvious and easy targets, I concede, but the mud is actually being slung at the ARU.

I’m suggesting that most rugby followers expect/accept that the states are involved, so why do the ARU and states continue the charade that the player agents are acting independantly?

LeftArmSpinner said  | November 6th 2008 @ 9:18am | Report comment

call his bluff, and get clarity as there are some good youngin’s coming through. I’d like to see O’connor at 5/8 or Daruda.

AndyS said  | November 6th 2008 @ 4:14pm | Report comment

Central, I read that “allegation” as a sign that Brett was informed rather than naive - shame he spoiled the illusion in his response.

From The Australian 8/5/08:
“THE Waratahs will consider seeking an exemption from the ARU’s rule on third-party sponsorships in an attempt to persuade Wallabies second-rower Dan Vickerman to change his mind about playing overseas….When winger Lote Tuqiri re-signed with the Waratahs two years ago, the ARU relaxed its laws to allow the Waratahs to secure a third-party sponsorship with Vodafone, which helped to prevent him returning to rugby league. At the time the ARU said the exemption for Tuqiri was a one-off.”
http://www.theaustralian.news.com.au/story/0,,23661797-2722,00.html

mudskipper said  | November 7th 2008 @ 10:54am | Report comment

The “third party deal” ARU protocols are problematic and need to be reviewed. Brett’s article makes some reasonable points and some fair assumptions.

Nevertheless in 2006 the Western Force along with sponsor Firepower put an unprecedented offer on the table in front of Matt Giteau (age 23) and his former agent that they agreed and signed a reported AU$4.5 million 3 year deal with the approval of the ARU.

Today, two years down the track, three of the key individuals who orchestrated the now infamous third party deal have left in questionable circumstances, the former Force CEO, the Player Agent and the CEO Sponsor. Whats also notable about this deal is Giteau later found out that his agent had receive payment for securing Giteaus signing with the Force, which the agent failed to disclose at the time to his client Giteau…or so it has been reported. Giteau outraged by his agents’ shadow play reported the agent to the RUPA for review. In the end the RUPA found there wasn’t evidence to prove that the agent had acted illegally but Giteau went to sacked his agent.

So Giteau took the big pay day and probably saw it as a once in a life time deal. Then he announced his signing with the Western Force he suggested his intention was to likely to one day return to his hometown Brumbies.

But was Firepower and its Founder/Owner scrupulously researched by the Force’s administration before agreeing to entering into business together is unknown. But once the Force accepted Firepower as a sponsor a partnership was former to securer some of the most promising Australian rugby talent on the market.

If Giteau gets out of his 2009 contract with the Western Force well so be it. And if so will the ARU let him sign another Australian contract for 2009? If not it is feasible that Matt Giteau could end up signing a short term Northern Hemisphere contract like Dan Carter. Otherwise he may rejoin the Brumbies but not receive any third party deal for 2009 as many companies have already allocated their budgets for the current financial year. We will all have to wait and see what happens. The silence form all parties this week leads me to believe it has gone legal and each of the parties are working out their options.

So Giteau may have to take what he gets for 2009. Undoubtedly the Brumbies have the budget to pick him up early than expected for 2009 after premium contracts with Gregan and Larkham have ended.

The problem for the ARU and John O’Neil is Giteau is the face of their key sponsors advertising campaign QANTAS. Surely they won’t wish to see this go through the courts.

Anyway the hospital pass that Western Force Captain Nathan Sharpe through Giteau on the weekend has given Coach Deans to opportunity to give the Wallabies Flyhalf the week off to think about his future. I’m sure Sharpe’s intentions honourable and weren’t malevolent, he was just going wide to Gits…

Westy said  | November 7th 2008 @ 9:29pm | Report comment

Welcome to professional sport. The naivety of some rugby supporters amazes me. Do you think the people in our professional sport are so inherently better than others. The reason we have so fewer problems is simply we only have 4 professional teams to run. God forbid if we had 16 or 18 like other codes and were prominently displayed on free to air TV. Our game is special be very careful about claiming anything else …it than reeks of something else……….hypocrisy… Giteau was hard done by . He wants the money he was offered . If not he seeks compensation from someone else for the skill he possesses now. Such skill can be fleeting and permanent injury is never far off.
it is the ARU that needs to get its house in order not the professional player.It is their rules that allow this fiasco. I read some of the comments by rugby people about AFL and especially NRL players lack of loyalty and transfer between clubs with some amusement. Just wait for the 15th Franchise. i iwould not have left long ago the game of my choice but i think i now better understand why some did. We including me can be hypocrites at times.

matta said  | November 8th 2008 @ 9:06am | Report comment

Hang on…didnt Gits take a know risk by accepting payment for a business..? if they go under, tought shit…he took the risk just like everyone who put cash into firepower…

mudskipper said  | November 8th 2008 @ 10:45am | Report comment

Westy you make some fair points… i agree with you about Gits…

There are many supporters in Western Australia exceedingly edgy about the Firepower swindle and Giteau…

Unfortunately people are accused of disloyalty to the Club if they question what happened between the Force, Firepower and the WA Rugby board. Even the players loyalty is questioned to the club even though everyone acknowledges they’re professional and imported players.

…well its not over yet…until every player affected by the former deals either signs a new contract as some have or moves on…I’m sure Giteau feels he should be paid for his work at lest in part for promoting and helping to attack players from all over the country to the team.

You would have to think that Drew Mitchell, James O’Connor and Ryan Cross were attracted to the Force because Gits was there…

Those of you that are interested in knowing a little more detail about Firepowe, below is the ABC Four Corners TV Transcript on their investigation into the man behind the company and what the company became…It’s a good read…I recommend it…

http://www.abc.net.au/4corners/content/2008/s2310031.htm

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