The National Rugby League’s predicament in the Sonny Bill Williams affair shouldn’t have too many repercussions for the AFL, unless there’s a sudden rash of players wanting to try their luck as kickers in the NFL in the United States.
Or, even more unlikely, being sought out as goalkeepers by Man U or Real Madrid, or backrowers by French, Italian or South American rugby union clubs.
The dilemma for the NRL in the present case is that what Williams is doing is changing from one sport to another. Rugby league and rugby union are different sports, regardless of their similarities, just as Australian football and American football are different.
By seeking to prevent Williams from playing union in France, the NRL and the Canterbury club are effectively asking the courts to force Williams to keep playing rugby league for the Bulldogs, rather than take up another sport.
Courts are notoriously reluctant to make orders in circumstances such as this, when those taking action are asking them to enforce what is known in legal circles as specific performance of a contract – in this case, forcing Williams to come back to Australia and keep playing with Canterbury.
The courts would have no hesitation, of course, in ordering Williams not to play for another rugby league club that comes under the NRL’s control, provided they were satisfied his contract was not unreasonable, which can be a grey area, particularly under the NSW industrial relations laws.
How is any of this relevant to the AFL?
It isn’t, directly, unless one of the fanciful situations above arises. But there are some areas of the AFL’s dealings with players which could quite easily give the league a lot of headaches.
Leaving aside the issue of drafts and salary caps (a still untested area), the most obvious concern for the AFL would be its regulations preventing uncontracted players moving freely from one club to another.
The AFL and the players’ association occasionally talk about “free agency” or “limited free agency” (which is a total contradiction in terms) as possibly being on the agenda for discussions somewhere down some never-defined track.
By “limited free agency” they appear to mean that a player with, say, ten years of “service” to a club might be eligible to go and play somewhere else.
But the idea that a player can move from one club to another after fulfilling the terms of his initial or existing contract, which may be for one, two, three or more years, unless it contains a reasonable option clause, appears to be dismissed as heresy.
Yet that is exactly what happens in most other sports, including rugby league, and has been enshrined in Australian law since 1971, when Balmain player Dennis Tutty won a High Court case for restraint of trade by the club and the NSW Rugby League.
The AFL, and its predecessor, the VFL, have managed so far to avoid being successfully taken on to have the Tutty precedent applied.
It’s just a matter of time, though.
Midfielder
Guest
Redb Thanks for your tho's and was interesting to read your links. Agree about most accept I think that union overestmates where the league people will go if league falls over. Interesting article in smh today copied in part below indicating the A - League has little to fear as everyone has signed off on the cap, copied from AFL methods / procedures / policies however you wish to call it. Just on that to the RU bloggers ........ football respects players these days and has by and large copied many AFL procedures to win you need to do the same. More in smh if you want full story Sonny Bill of rights won't hit A-League Michael Cockerill August 1, 2008 Page 1 of 2 | Single page A-LEAGUE players may not be the best-paid footballers in the world but they do have world-class conditions, and, according to players' union boss Brendan Schwab, the likelihood of a disaffected player taking the lead of Sonny Bill Williams and threatening to challenge the the salary cap is remote. Three months ago, the union, the Professional Footballers' Association (PFA), signed the competition's inaugural collective bargaining agreement, a deal that preserves the central role of the salary cap through 2013 and is tied to a percentage of "game" revenue. While Australia and the US remain the only FIFA members to operate a salary cap, Schwab, a qualified lawyer, believes the chances of a player wanting to rock the boat are remote, at least in the foreseeable future. "The players know how far we've come in the last few years, and I sense they're pretty satisfied with where we are at the moment," he said. "What we're about is creating a stable employment environment across Australia. The salary cap is a centrepiece of that. The players support it, and the chances of an individual wanting to challenge it is highly unlikely. Obviously, if Sonny Bill Williams did challenge the cap it would be an interesting case, but it's not a given that any decision would flow on to other sports. In fact, the cap is probably more vulnerable to a challenge from a club than a player, and that's even more unlikely." Certainly the average A-League player now enjoys a huge improvement not only in wages, but more significantly in terms and conditions, compared to the old NSL, which closed down in 2003. In the A-League collective bargaining agreement: * This season, the average player will earn - taking service agreements and under-23 marquee status into account - $114,773;
Bruce Walkley
Guest
Interesting, those long kicks. Best one I saw was by Colin Tully of Collingwood against Richmond at the MCG in 1966. Len Thompson knocked the ball out to him on the wing at a centre bounce, he swerved around an opponent and goaled with a drop kick that went over the fence on the full - a bit over 70 yards in the old, about 64 metres.
Pippinu
Roar Guru
Yeh - the distance from hand to foot for the ultra-tall - too much to negotiate!
Michael C
Guest
Yeah, it was Jeff Fehring, although, I think that one actually landed before the goals and bounced through, but for total distance out - for a 'goal kick', it was a huge distance....... .....I still love Blights torp back in '78? But, the Qball goal a couple of weeks back for the Weagles wasn't a bad launch at all, he certainly can hoof it when he gets it right. The thing that gets me, is, that the taller you are seems an advantage - - up to a point, - - because, there's only so many 2m plus players that ever really launch the ball into orbit, it's more the domain of the 6'2" to 6'5" type player - - probably in relation to the ability to control the ball drop, and co-ordinate a decent hip swivel etc etc.......
Pippinu
Roar Guru
He may have split the sticks with a long bomb at some stage, but that's not the one I'm thinking of - was it Jeff Fehring?
Redb
Guest
Barry Breen?
Pippinu
Roar Guru
I've noticed this season that one is seeing more torps, and I agree with with MC, if there is nothing else on, to occasionally try a torp that might travel 65 to70 metres is worthwhile keeping in the armoury. Who was that St KIlda player who kicked a goal from the defensive side of the centre circle in the late 70s early 80s?
Redb
Guest
MC, Still remember Dustin Fletcher's torp out of defence a few years ago from full back, cleared the centre at Telstra Dome. Absolute boomer that set the crowd alight. Redb
Michael C
Guest
Captain Carnage - the main thing, for AFL guys, is they aren't interested in the speculative element of going to the US - until nearer the end of their AFL careers - - - obviously, for competitive players, the minimalist role in a Grid Iron team is hardly enough for their competitive juices either. The main talk presently is around Anthony Rocca, but, the US guys tend to kick barrels, we tend to kick drop punts - - - I do actually wish more AFL guys would bomb torpedoes a little more often, it's one way to break the flood if you get on to one, and, if you don't, it's a mungrel to mark and may have gone way off to the side, such, that if it were to bounce out of bounds - - no one could possibly call it deliberate!!
Redb
Guest
Midfielder, I think its above. cheers Redb
Captain Carnage
Guest
The threat is very minimal as there aren't actually that many players in the AFL who would have a strong enough boot to cut it as an NFL kicker...There's not an abundance of guys who could out-distance/get more hang time than Rocca or Graham.
Midfielder
Guest
Redb Look forward to when mods release your post ........ agree with you on growing revenue but would see that as difficult in many ways if you are lossing your best overseas.......... and on News and NRL well the ARL clubs need some good legal advise and some balls to get out of the deal.
Redb
Guest
first post has not gone up. ?
Redb
Guest
Midfielder, 1. AFL, FFA and ARU. I think Gallop maybe competent but is seriously compromised by News Ltd and the unwiedly structure of rugby league in OZ with mutiple bodies and that unholy partnership of News Ltd and the ARL (old boys club). At the moment, the AFL has the best administration and management, it is way ahead on fixturing (blockbusters), crowds, TV rights, club structures, community involvement, racism, eliminating violence from the game and its juniors program. (of course the round ball code is number one here, but that occured begore the FFA). 2. The evidence to date would suggest that as long as the ARU is able to assemble the Wallabies (best players available) its fan base will remain strong. I admit I dont understand the structure of New Zealand rugby to understand why french club rugby is a threat to the All Blacks (a rep side) that I’ve read about. RL player drain is a curious one, it seems the game has much greater issues like poor crowds even with some of the best stars still playing to date this season. So I’m not certain losing more of the best will diminish fan support, its a TV game. Too early to call would be my opinion. Keeping traditional clubs at suburban grounds would be a good start to win back fans, as long as the fans get to see their club play they will be happy. Whether its worthy of a national code for free to air TV is another matter. RL maybe heading towards a strong niche Pay TV sport. I agree the A league is probably fine as players accept the comp for what it is. Some journos like Roy Masters are suggesting there is some over arching civil code with penalties for breaching restraint fo trade or the ACCC will step in and fine. The legal issue has already been clarified and the courts have said if it is reasonable and all parties agree it is fine. Sheek, Try these articles, they are worth wading through, the threat to AFL is minimal. http://www.theroar.com.au/2008/07/30/nrl-salary-cap-challenge-will-fail-says-lawyer/#more-8960 http://www.realfooty.com.au/news/news/afl-says-it-is-safe/2008/07/29/1217097241988.html http://www.realfooty.com.au/news/news/afl-is-trading-on-its-isolation-for-protection/2008/07/29/1217097241991.html Redb
Redb
Guest
Midfielder, Sorry didnt fully answer your second question. How do you manage the player exodus of your best 35 players? well after your found crying huddled in the foetal postion under the Board Room table...... :-) My initial comment would be that hopefully you've managed the growth of your code to the extent that your not in that position in the first place. However, you must boost revenue to increase player payments by enhancing TV rights, better crowds - gate receipts, control merchandising or licensing of your product, etc. There is no quick fix, the game must be growing and building revenue which is transparently and as quickly as possible passed through to the players. A quick make over?: The ARU could be a little more radical as the Super 14 franchises are still relatively new to the sporting landscape. Scrap the salary cap, build an IPL style rugby comp with private equity and go for it. The NRL has to untangle itself from News Ltd - dont know you do that to be honest. Would like to think about it some more. Redb
Redb
Guest
Midfielder, 1. AFL, FFA and ARU. I think Gallop maybe competent but is seriously compromised by News Ltd and the unwiedly structure of rugby league in OZ with mutiple bodies and that unholy partnership of News Ltd and the ARL (old boys club). At the moment, the AFL has the best administration and management, it is way ahead on fixturing (blockbusters), crowds, TV rights, club structures, community involvement, racism, eliminating violence from the game and its juniors program. (of course the round ball code is number one here, but that occured begore the FFA). 2. The evidence to date would suggest that as long as the ARU is able to assemble the Wallabies (best players available) its fan base will remain strong. I admit I dont understand the structure of New Zealand rugby to understand why french club rugby is a threat to the All Blacks (a rep side) that I've read about. RL player drain is a curious one, it seems the game has much greater issues like poor crowds even with some of the best stars still playing to date this season. So I'm not certain losing more of the best will diminish fan support, its a TV game. Too early to call would be my opinion. Keeping traditional clubs at suburban grounds would be a good start to win back fans, as long as the fans get to see their club play they will be happy. Whether its worthy of a national code for free to air TV is another matter. RL maybe heading towards a strong niche Pay TV sport. I agree the A league is probably fine as players accept the comp for what it is. Some journos like Roy Masters are suggesting there is some over arching civil code with penalties for breaching restraint fo trade or the ACCC will step in and fine. The legal issue has already been clarified and the courts have said if it is reasonable and all parties agree it is fine. Sheek, Try these articles, they are worth wading through, the threat to AFL is minimal. http://www.theroar.com.au/2008/07/30/nrl-salary-cap-challenge-will-fail-says-lawyer/#more-8960 http://www.realfooty.com.au/news/news/afl-says-it-is-safe/2008/07/29/1217097241988.html http://www.realfooty.com.au/news/news/afl-is-trading-on-its-isolation-for-protection/2008/07/29/1217097241991.html Redb
sheek
Guest
Redb, Following on from Midfielder's post to you, I would appreciate it if you elaborated with a bit more detail than your previous post. You seem to be in possession of some interesting facts, so it would be good to expand on that.
Midfielder
Guest
Redb Putting on your management hat ............ leaving aside the assumed no challange by players I have two questions for you. First which code or codes do you think has the management ability to deal with this issue and second On your general Australia sports understanding do you think RU or RL supporters will continue to support there codes as they do now if they each loose their best say 35 players and how would you manage that issue if you where David G or JON. On the A-League salary cap little effect as I see it, all the best are already overseas. Australian Football supporters already accept this as a given and so do the players so the A-League battered and brusied as it is can still call upon its vast playing base and overseas playing base to find quality enough to put on a reasonable show.
Redb
Guest
The question of the salary cap and draft being a restraint of trade was answered almost 20 years ago, they are. However the courts apply the reasonableness test and if all parties agree no action is taken or necessary. The AFL passes the reasonableness test becuase the players are already in the elite comp. The NRL, Super 14 and A League have much more to worry about going forward. Although I suspect the players in the Super 14 and A League know what they are getting and choose to sign up to these comps even though a range of other elite comps are available. The NRL is in much poorer shape it seems. Redb
sheek
Guest
'Restraint of trade' is something every sport governance fears. Why on earth believe the courts will support Canterbury Bulldogs & NRL over SBW simply because it's in the interest of rugby league, & sports in general, to do so. Society is choking under public liability. Why? Because over 30-40 years the courts ignored the fact that perhaps people should accept personal responsibility for their actions/behaviour. So now we all drown in bureaucratic red tape. We all know the law's an ass. And lawyers. And judges. It's usually all about the money. He who can pay the most will usually get his way. And damn the moral issues. Brutal, but real. I'm all for honouring contracts, salary caps, draft systems, transfer fees. I believe that no-one "can have it all". We all have to give a little for the benefit of the majority. Sport is no different in that respect, to society. But plenty of people out there say, "to hell with that - show me the money". Regrettably, to many people, that's all that matters.