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Rich Clubs of the Future

flippikat

Bench
Messages
4,465
Other than RL has any sport with a draft been challenged in court by a player? There must be a reason, AFL and the USA sports have managed to sustain it, surely someone would have had a crack at getting rid if its in the players best interests not to have one?

Legalities aside, IMO A draft is only really workable if your competition is the most lucrative in that sport, AND there's no other sports that players can easily take their skills to.

For NFL, NBA, and MLB there's no other competition where you can earn that much money using those skills.. same for AFL players. But rugby league has NRL and superleague competitions, plus the option of rugby union competing for the same talent, with similar money.
 

unforgiven

Bench
Messages
3,138
Legalities aside, IMO A draft is only really workable if your competition is the most lucrative in that sport, AND there's no other sports that players can easily take their skills to.

For NFL, NBA, and MLB there's no other competition where you can earn that much money using those skills.. same for AFL players. But rugby league has NRL and superleague competitions, plus the option of rugby union competing for the same talent, with similar money.
Depends if you are talking about an internal or external draft.
 

grobbelaar

Juniors
Messages
87
Pie in the sky mate if you think that alone will lead to a draft coming in. Unless the NRL can secure the RLPA's support it won't ever happen, and so far the RLPA have been vocal in saying they won't support a draft. The law is very much on the player's side on this one. Only reason the AFL have one is the AFLPA agreed to not contest it in court, but if any AFL player chose to contest the legality of the AFL draft everyone knows it would be ruled illegal.

If someone is challenging the AFL draft, it means they are not an AFL player yet, they are a hopeful AFL player, and it is not certain that it would be ruled illegal, in fact, as long as the AFLPA remains onside, it's extremely unlikely that it would be ruled illegal.

The NRL draft which was challenged years back operated differently, and got itself into trouble primarily because of those differences.
 
Messages
14,034
If someone is challenging the AFL draft, it means they are not an AFL player yet, they are a hopeful AFL player, and it is not certain that it would be ruled illegal, in fact, as long as the AFLPA remains onside, it's extremely unlikely that it would be ruled illegal.

Would you care to bet on that? Any party of interest could challenge it, and no industrial agreement can change something which is illegal under common or statutory law to legal. The AFLPA agreement include that it won't challenge it in court, which is why it survives and for no other reason. The AFL are aware of this issue which is why they have so many exemptions in place and special rules (e.g. father/son, territorial picks etc).
 

unforgiven

Bench
Messages
3,138
Would you care to bet on that? Any party of interest could challenge it, and no industrial agreement can change something which is illegal under common or statutory law to legal. The AFLPA agreement include that it won't challenge it in court, which is why it survives and for no other reason. The AFL are aware of this issue which is why they have so many exemptions in place and special rules (e.g. father/son, territorial picks etc).

That is not necessarily true, drafts in sporting competitions are not automatically illegal under restraint of trade laws.
 

Fire

First Grade
Messages
9,669
For the past 25 years, Roosters chairman Nick Politis has sat in the same seat — row N, bay 62, seat — at Allianz Stadium to watch his beloved team.

When the stadium is knocked down following next Friday’s Michael Buble concert, the SCG Trust will give Politis the seat as a souvenir.

It's a nice touch but a more pressing question is how much longer will Politis, 76, be sitting on the throne of the Roosters?

Will a grand final victory over the Storm on Sunday night prompt Politis to step back and hand over the chairmanship?

“No mate,” Politis said. “I haven’t thought about retirement”.
Then he let out his signature giggle.

“Can we just wait and see if we win first? One step at a time. But I won’t be retiring.”

Politis certainly understands, though, that he can’t run the club forever and is preparing for the future. His end-game is to deliver a property portfolio worth $500 million before he finishes.

He might have made his way in the world selling cars but much of his fortune can be attributed to property. He was last year ranked No.82 on The Australian Financial Review's Rich List with an estimated wealth of $773 million.

On his watch, the Roosters have snapped up Waverley Bowling Club, Berkeley Sports, Kingswood Sports Club and Woy Woy Leagues. They also plan to turn North Bondi Golf and Diggers Club into a multi-purpose sports centre.


The centrepiece is a redeveloped Easts Leagues in Bondi Junction. The club has snapped up most of the property on the L-shaped block on the corner of Spring Street and Bronte Road with a long-term plan to turn it into a lucrative high-rise development.

Politis knows his club can’t survive on poker machine revenue forever and wants to leave it in safe hands for the next custodians of the club.

“That should be any chairman's objective,” he said. “At the moment, our commercial property is valued at $120m and we have no debt. Next year, we will have $10m in cash in the bank. We’re in a very good position financially.”

Now to the small matter of finding the next chairman.

This column raised the question at the start of the year when rumours started floating around that Politis was about to stand down. It is no closer to being answered.


Former David Jones boss Mark McInnes was being prepared to take over but he’s since left the board. Former Nine boss David Gyngell is a possibility. So, too, is businessman Mark Bouris.

Powerful TV executive Mark Fennessy is an important board member who was fundamental in getting fullback James Tedesco to the club when Politis refused to deal with Tedesco’s manager, Isaac Moses, after a spectacular fallout.

But Fennessy, like many on the club’s high-powered board, doesn't have the time to juggle work life and Roosters’ life.

“I want to make sure whoever takes over has the time, enthusiasm and passion to make sure the club continues to be successful,” Politis said. “We have some good candidates on our board. We’ll sort something out.”

Uncle Nick usually does.


https://www.canberratimes.com.au/sp...arting-gift-for-his-club-20180927-p5068k.html
Mark Bouris will take over.
 
Messages
14,308
I'm looking at how badly PR miscalulated on Cronulla with his deathriding and I can only assume that the future is insanely bright for Manly now that he's jumped on that bandwagon.
He will claim that he only death rides the Sharks to troll their supporters.
The fact of the matter is that he chose to emigrate to a city where the majority of the people do not care about rugby league.
The realisation came through when he was sitting through his first summer in Perth and the first, second and third stories on the nightly news were about what certain AFL players ate for breakfast in their off season.
Since that point in his life he's been on a negative spiral about anything to do with Australian rugby league .
ie: the stereotypical whinging pom.
 

Fire

First Grade
Messages
9,669
That doesn't make them automatically illegal though? Show me the law that makes all drafts illegal.
You are correct. There is no law in Australia which prohibits drafts.

Quite the opposite, there are statutory provisions validating restraints of trade. The most important provision regarding NRL employment contracts which can be found in the Restraints of Trade Act 1976 (NSW) s 4(1) which states:

A restraint of trade is valid to the extent to which it is not against public policy, whether it is in severable terms or not.
Source: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rota1976216/s4.html

Regarding the common law and the unreasonableness of restraints of trade (and probably of most interest to rugby league fans regarding the draft issue) can be found in Adamson v New South Wales Rugby League Ltd (1991) 103 ALR 319. A great article discussing that case can be found, here: http://www.austlii.edu.au/au/journals/SydLawRw/1993/5.pdf
 
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unforgiven

Bench
Messages
3,138
You are correct. There is no law in Australia which prohibits drafts.

Quite the opposite, there are statutory provisions validating restraints of trade. The most important provision regarding NRL employment contracts which can be found in the Restraints of Trade Act 1976 (NSW) s 4(1) which states:

A restraint of trade is valid to the extent to which it is not against public policy, whether it is in severable terms or not.
Source: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rota1976216/s4.html

Regarding the common law and the unreasonableness of restraints of trade (and probably of most interest to rugby league fans regarding the draft issue) can be found in Adamson v New South Wales Rugby League Ltd (1991) 103 ALR 319. A great article discussing that case can be found, here: http://www.austlii.edu.au/au/journals/SydLawRw/1993/5.pdf
I've actually studied Restraint of Trade in sport quite closely. The reason the draft in the Adamson case was found to be unreasonable had a lot to do with it operating along side the Salary Cap and the fact that it contained an internal draft as well as an external draft. The internal draft was the only way a player could change clubs at the end of their contract. It would be interesting to see a draft challenged today as sport is much more commercial than it was at tge time of the Adamson case.

Restraints put in place to ensure an even competition and thus a more financially viable competition have been proven to be reasonable restraints of trade in Australia in the past.

The AFL draft is not gauranteed to be ruled an unreasonable restraint of trade, nor would a draft implemented by the NRL.
 
Messages
14,034
That is not necessarily true, drafts in sporting competitions are not automatically illegal under restraint of trade laws.

My point though is that it is not as easy as you make it out to overcome those problems, especially if you do not have the players on side. The NRLPA have been very vocal in opposing a draft so to think the NRL could unilaterally implement a draft is why I think it is pie in the sky for people to think they can easily do it, and that it would survive a legal challenge.

Edited: typos.
 
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Perth Red

Post Whore
Messages
65,957
My point tough is that it is not as easy as you make it out to overcome those problems, especially if you do not have the players on side. The NRLPA have been very vocal in opposing a draft so to think the NRLK could unilaterally implement a draft is why I think it is pie in the sky for people to think they can easily do it and it will survive legal challenge.

Which doesn't make it impossible or illegal, it just means you have to have buy in from all stakeholders. The AFL offered lots of concessions to get the players onside and keep them there. If there was a desire to bring a draft in this year would have been the year with $2million salary cap increase the carrot to get players to agree.
 

Fire

First Grade
Messages
9,669
My point tough is that it is not as easy as you make it out to overcome those problems, especially if you do not have the players on side. The NRLPA have been very vocal in opposing a draft so to think the NRLK could unilaterally implement a draft is why I think it is pie in the sky for people to think they can easily do it and it will survive legal challenge.
I also agree with this.

It'll never happen simply because the NRLPA (see, e.g., the already 'wealthy' players) don't want it to happen.

But I'm okay with that because...

...the people who administer our clubs are very ordinary operators to say the least - how many times have clubs been caught cheating the cap in the NRL?

If we had a draft Rounds 20-25 would be spent with our administrators telling the players to out and 'tank' in order to get draft picks.

f**k that.
 
Messages
14,034
I also agree with this.

It'll never happen simply because the NRLPA (see, e.g., the already 'wealthy' players) don't want it to happen.

But I'm okay with that because...

...the people who administer our clubs are very ordinary operators to say the least - how many times have clubs been caught cheating the cap in the NRL?

If we had a draft Rounds 20-25 would be spent with our administrators telling the players to out and 'tank' in order to get draft picks.

f**k that.

The other thing to, as sports which have drafts have shown, you can give struggling teams all the best draft pick in the world and they can still stuff it up. The LA Clippers and the Cleveland Browns have long had reputations for being the jokes of their respective leagues due to decades of poor draft selections.
 

Front-Rower

First Grade
Messages
5,297
It'll never happen simply because the NRLPA (see, e.g., the already 'wealthy' players) don't want it to happen

It will never happen because there are 3 levels of players;

1 - just want to play first grade
2 - happy to play in a competitive team
3 - I need to win a competition

The draft restricts the “better” players from their choice and limits what clubs, like Apollo’s Roosters, can do outside of the cap such as TPA’s, after football employment, education etc.. because they are told where to play.

Terry Hill’s biggest beef with the draft when he contested was this based on this very fact.
 

unforgiven

Bench
Messages
3,138
My point tough is that it is not as easy as you make it out to overcome those problems, especially if you do not have the players on side. The NRLPA have been very vocal in opposing a draft so to think the NRLK could unilaterally implement a draft is why I think it is pie in the sky for people to think they can easily do it and it will survive legal challenge.
The other thing to, as sports which have drafts have shown, you can give struggling teams all the best draft pick in the world and they can still stuff it up. The LA Clippers and the Cleveland Browns have long had reputations for being the jokes of their respective leagues due to decades of poor draft selections.
I love how crap the Browns are! They have actually won some games this year. lol
 

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