personally I believe that the current format of 3rd party payments is unlawful. If the NWSRL are running a fair and impartial competition then it unlawful for another team to have a fee structure/salary cap structure that in total allows another team to bid for players where another team/other teams cant compete financially against the total bid of the winning team.
As we all know some teams are unable to acquire 3rd party sponsors like other teams which gives them a huge financial disadvantage against other teams in the NSWRL impartial/ competition.
The sooner the disadvantaged teams sue the NSWRL for restraint of trade/uncompetitive trading practices the sooner the better.
that's my 2 cents worth
Replies
Don its a totally floored system, agree with you whole heartedly but i doubt they would be able to sue, at best they could argue and maybe even prove its not a level playing field due to things like location etc.
The TPAs need to be abolished or totally handled by the NRL.
TPA rules are very clear and precise - and in a perfect world they may actually work fine - but unfortunately that's not the case and I am very confident that every NRL club has the potential (somewhat innocently) to find them in the same situation we are in - they very likely already are.
Basically the governance and overseeing of the system by the NRL is flawed and completely inadequate. The clubs are feeling pressures of all types from all angles and really shouldn't be left with the responsibility to adhere to what are extremely unrealistic guidelines.
If the NRL want to run with these TPA's they should be THOROUGHLY CHECKING EVERY SINGLE ONE, from every single perspective, and signing off on it, before it can proceed. The only possible issue then could be non disclosure which is a cut and dried case of unlawfull practice.
The whole thing is a shambles - people including us have been saying it for years. The NRL should be focussing on how to clear up the mess moving forward, for all the clubs, and I actually believe that, in reality, that may well be what is actually going on here.
Kram I'm glad you understand the workings of the TPA's as I for one don't!! From what I have read, the club must keep at arm's length in any discussions on them. So if that's the case, how can a club go about negotiating said TPA's, into a player's contract, whilst at the same time, having nothing to do with the discussions?? Is my age showing here?? I also 110% agree that we should be waiting for the umpire's decision, before making any comments. I read on one of the articles this week that other clubs and their fan bases are baying for blood. I think if the truth be known, the other clubs are just happy it's us and not them under the spotlight!! It's the NRL who set this system up, they can see it's flawed and it's their responsibility to fix it.
The salary cap as a whole is illegal not necessarily the TPA's on their own.
Just like the draft back in 1991 when .Terry Hill successfully challenged the draft in court, the reason the draft is still in the AFL is because their teams and players have agreed to it if someone in the AFL was to challenge the draft it would get thrown out just like it did in Rugby League.
The salary cap is the same, if someone challenged it the entire salary cap system would be deemed illegal but everyone agrees to work within that system to play in the "NRL"
If that was to happen though then the rich teams will just get richer and the lower teams will die trying to keep up with the Joneses.
The TPAs f&$k this, and have led to the creation of an unfair/unlevel playing field.
By reports from the Daily Telegraph no team is to acquire 3rd party sponsors.....cant talk about them, cant send emails regarding them, cant have a power point presentation on them....so how exactly are they suppose to be acquired!!!!
Ideally the players managers would organise these so they had no correllation to player contracts for clubs.
In reality TPAs are arranged in conjunction with playing contracts ...the working of the system is flawed and it shows that 99% of players have no real commercial value beyond TV rights.
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