Bluemour Season Blast Off Edition XXXIII

[Gethelred]

Yes that should be scrapped

You're welcome to that opinion, but the PSD is one of the ways the AFL stops failed contract negotiations from ending up in a courtroom.

You cannot compel service in an Australian context; your only means of relief is an injunction to stop them playing elsewhere for the duration of whatever contract you have over them. Otherwise, they're free to skedaddle because, again, you can't compel service.

If you removed this and a club actively sought to force a player to remain or else, there is every chance a player agent or prominent barister would blow the ****ing thing wide open, and the subsequent status quo would be even more tilted in the player's favour because now you have updated case law on their side.

 

[WalshYouLegend]

Hanrahan has joined a band and will be playing his tuba on a stand.

 

[Large Hawaiian]

Clarry has a backended contract apparently, close to $600k per year.
That would go down like month old sushi around here.

Clurey that should’ve read.

 

[BringFevBack2021]

In absence of any fresh bluemours - found this whilst cleaning out the old place, needless to say it’s come to the new house - lifelong bagger!

At a guess I reckon it’s post 95 Premiership as I’d have been 2ish then

 

[Jorge]

If we ship off Samo for 29, we’ll have 2 decent picks. Not sure what clubs need points but could look to get down the order further or have a dip at 1 of the hawks players if we have the space.

 

[Juice030103]

Hope Doc is okay. Bit worried for him, forget footy I just hope he’s gonna be okay

 

[BringFevBack2021]

Hope Doc is okay. Bit worried for him, forget footy I just hope he’s gonna be okay

Agreed - can’t imagine what he (and his family) are going through.

A friend of mine is currently undergoing chemotherapy for breast cancer and it’s a relatively mild course with what I understand to be a high chance to make a full recovery. Yet - she is struggling and her documentation of her journey is very insightful.

Doc is a stand up guy and I hope he can make a full recovery, as you put - forget footy, think about the guy and his family.

 

[Canyouhearthedrums]

Totally understand and knew you were going to raise this...
AFL need to do something to help clubs losing required players for nothing, just because they finished lower on the ladder...

I'm not sure without getting rid of the PSD (which is hard as you suggested)

The AFL would be about the only major sports league on earth where a club can somehow assert control over a player whose contract has ended. It's a restraint of trade case waiting to happen. In fact, it was about to happen until FA was introduced as a peace offering

 

[Gethelred]

Totally understand and knew you were going to raise this...
AFL need to do something to help clubs losing required players for nothing, just because they finished lower on the ladder...

I'm not sure without getting rid of the PSD (which is hard as you suggested)

What it would take would be an AFL person who is a solicitor and an expert on employment and contract law sitting down with as many of their ilk as they can muster, and working out a way to place an AFL contract somehow above the threshold for workplace protections without affecting other parts of the employment law legislation or precedent.

It'd work at the top end - AFL contracts at the top end are already above the threshold - but there's a significant percentage of footballers who are earning below $158,500. You'd need a compliant judge for the first test case too or an absolutely airtight legal interpretation on your side as well, or it'd get turfed at the first hurdle.

I'll caveat this by saying, I'm not a lawyer and my contract/employment law education is a good 5 years old; might've moved on since then, might have missed something because I was too busy talking to the person next to me, might've not been very good at the whole thing (there is a reason I'm not a solictor). But that's how I'd think this might be approached, from an enthusiastic amateur's standpoint.

 

[carlton_99]

That’s awesome however I think they can do a little better then 5k

Goal changed to 10K and its at $9500+ already

 

[Canyouhearthedrums]

What it would take would be an AFL person who is a solicitor and an expert on employment and contract law sitting down with as many of their ilk as they can muster, and working out a way to place an AFL contract somehow above the threshold for workplace protections without affecting other parts of the employment law legislation or precedent.

It'd work at the top end - AFL contracts at the top end are already above the threshold - but there's a significant percentage of footballers who are earning below $158,500. You'd need a compliant judge for the first test case too or an absolutely airtight legal interpretation on your side as well, or it'd get turfed at the first hurdle.

I'll caveat this by saying, I'm not a lawyer and my contract/employment law education is a good 5 years old; might've moved on since then, might have missed something because I was too busy talking to the person next to me, might've not been very good at the whole thing (there is a reason I'm not a solictor). But that's how I'd think this might be approached, from an enthusiastic amateur's standpoint.

I think the limit of Fair Work Australia's jurisdiction you're referring to only applies to unfair dismissal cases. And doesn't stop high earnings suing under common law principles

 

[Gethelred]

I think the limit of Fair Work Australia's jurisdiction you're referring to only applies to unfair dismissal cases. And doesn't stop high earnings suing under common law principles

I get that. It's more, once above a certain point via contract you can sign away your rights in certain aspects of employment if your package is perceived as being worth more than the standard industry award or rate, and the HIT serves as an illustration of that.

And, again, I'm not completely across this stuff.

 

[Canyouhearthedrums]

I get that. It's more, once above a certain point via contract you can sign away your rights in certain aspects of employment, and the HIT serves as an illustration of that.

And, again, I'm not completely across this stuff.

Whether that’s technically possibly or not, the AFLPA would go ham. We’re moving towards more player power, not less I think

Academically, to protect restrictions on player freedom, the AFL needs to establish they are reasonablyrequired to protect the leagues legitimate interests (which is generally seen to mean an even competition). If they go further than is reasonably required to meet that aim, the restrictions go kaput.

 

[Stickitupthem]

I personally would revolt against my current employer dictating which organisation I would be working for in the future
just doesnt seem right .

 

[BlueFlagger]

Nothing concrete due to not knowing what sort of pick we’ll have yet and still a long way out but we are looking at taking Connor MacDonald


On iPhone using BigFooty.com mobile app

 

[Gethelred]

Whether that’s technically possibly or not, the AFLPA would go ham. We’re moving towards more player power, not less I think

Academically, to protect restrictions on player freedom, the AFL needs to establish they are reasonablyrequired to protect the leagues legitimate interests (which is generally seen to mean an even competition). If they go further than is reasonably required to meet that aim, the restrictions go kaput.

Absolutely. The only way to do it would be to wait until you have a suitably large outcry - an injustice done by a player to a club - which causes public sentiment to go so completely against the PA and the players that the AFL public has had enough and would support almost anything other than the current status quo.

Then, you'd have to ask whether or not you actually want the employee/employer balance more skewed towards the employer in the first place, or if the American system is truly the one you want to emulate at all. And then you would need to be ready to fight it at each stage of appeal, as AFL players earn enough and have enough of an interest in it that they could take it all the way to the supreme court, and there's every chance they could stage strikes which would damage the AFL badly.

One can see why they wouldn't want to open that can of worms.

 

[KnobHead]

A Court would likely find any restraint of trade clause in a player’s contract unenforceable. Courts will balance the restraint of trade versus a player’s freedom to choice where they want to play.

Even if a player signed a restraint of trade clause, it’d be void because he plays in a unique and relatively small industry and his employment prospects outside his club is limited.

The AFL’s whole drafting / trading system is a legal challenge wanting to happen.



On iPad using BigFooty.com mobile app

 

[Gethelred]

Nothing concrete due to not knowing what sort of pick we’ll have yet and still a long way out but we are looking at taking Connor MacDonald


On iPhone using BigFooty.com mobile app

This an opinion, or a bluemour? Either way, he's an interesting prospect:

draftcentral.com.au

This domain may be for sale!

afl.draftcentral.com.au

Reads like Dow with a higher base but a lower ceiling.

 

[Benaly28]

Nothing concrete due to not knowing what sort of pick we’ll have yet and still a long way out but we are looking at taking Connor MacDonald


On iPhone using BigFooty.com mobile app

What can you tell us about him?


On iPhone using BigFooty.com mobile app

 

[FRUMPY]

I personally would revolt against my current employer dictating which organisation I would be working for in the future
just doesnt seem right .

It's funny, they sign up for it when they join the league....

Don't like it, play local footy

Sent from my CPH2005 using Tapatalk

 

[carltonchelsea]

Jones goes back with the flight and knocks himself out in the prelim after playing every game that season with Weitering.

Young comes in for his first game of the year fresh as daisy, we are ahead by 3 points in the final quarter of the grandfinal when a 35m snap comes from the opposition out of the pack, our hearts are in our mouth, but we are saved by Lewis Young who takes a chest mark on the goal line. He goes back and shanks a 20m kick straight to the opposition as the siren goes, we are devastated.

"WTF was that Young?!" the crowd screams

The opposition player goes back to take his kick, but the field umpire is calling for the ball. There is confusion and deliberation as the three field umpires go to discuss something with the goal umpire. Young has gone back through the goals but kicked it back into play from through the behind post.

Players from both sides are pleading with the umpire, no one at the ground knows what is happening.

The goal umpire signals a point.

Carlton win by 2 points, Lewis Young goes down in folklore, never plays another game.

Genius

 

[BlueFlagger]

This an opinion, or a bluemour? Either way, he's an interesting prospect:

draftcentral.com.au

This domain may be for sale!

afl.draftcentral.com.au

Reads like Dow with a higher base but a lower ceiling.

Not an opinion, happy for someone to get in contact with me and I’ll let them know what I know.


On iPhone using BigFooty.com mobile app

 

[WeninRome]

Interesting…

 

[NewDarkNavyBlues]

Interesting…

I'd be ok with one of them but we are severely lacking some tacticians. Can't have 6 hard nosed types without adding some analytical assistants. Trust Cook to help get this right.

 

[Red_man2008]

McCartney was responsible for the strong development the dogs had up to 2016. Everyone coming in on that list seemed ready for AFL footy.