But his contract also prevents him from playing AFL and every other sport. So how is any contract not a restraint of trade?
Spot on. Granted this is from 2012, but this explicitly outlines some conditions within the standard contract:
“The NRL Playing Contract incorporates restraint of trade terms typical of those found in many Australian professional sports leagues. The relationship between the NRL and premier rugby league players is that of employer and employee.
The major restraint of trade on NRL players is the salary cap, set at $4.4 million per club in 2012 ‘for the 25 highest paid players at each club’ plus up to an additional ‘$350,000 on those players outside the top 25 who play in the NRL competition’.
The Collective Bargaining Agreement (‘CBA’) states that:
The NRL Clubs and Players recognise the importance of a Salary Cap and acknowledge that the Salary Cap limits, in a reasonable way, the remuneration that may be paid by, or on behalf of, any one NRL Club to its Players.
Should the salary cap be averaged amongst the top 25 players, each would receive $176 000 per annum. Of course, better players are paid far more leaving less money available for other players. The impact of the salary cap on NRL players is revealed in the difference between what each would command in a free market and that paid under the salary cap.
There are a number of additional trade restraints. First, under section 3.1(s) the player must:
not play the Game with any person, team of organisation save for the Club or in matches in any representative Competitions ... except with the prior written consent of the Club.
Second, under section 3.1(t) the player must:
not without the prior written consent of the Club, which the Player acknowledges will only be given with the consent of the NRL, participate in any football match of any code.
Third, under section 3.1(u) the player must:
not participate in any sporting or leisure activities other than matches approved by the Club and the NRL ... except where:
(i) the chances of injury are unlikely ...
(ii) there is no pre-arranged media coverage
(iii) the Player is not (directly or indirectly) paid.
Fourth, under section 3.1 (v) the player must:
not to enter into any Non-Playing Agreement or Third Party Agreement without the prior written consent of the Club.
Fifth, under section 3.2(a) the Player may:
make public appearances and contribute to the press, television and radio provided that:
(i) the consent of the Club has been obtained, which consent must not be unreasonably withheld and
(ii) such appearances and contributions do not conflict with the interests of, or bring into disrepute, the NRL, the Club or the Game.”
http://www.austlii.edu.au/au/journals/ANZSportsLawJl/2012/4.pdf
