TOPIC:

Regardless or your stance or allegiance on the Essendon saga, something interesting came out during ASADA's court appearance yesterday. ASADA's lawyers are claiming to the judge that they don't believe players are employees of the AFL but rather share a commercial interest with the AFL.

Any thoughts out there in OzFootyland as to this situation??? Please note this is not designed to be an Essendon thread but a question relating to whether players are employees of the AFL which I believe will open up a whole can of worms if they are ruled to be only sharing a commercial interest.

My thoughts are that it will be a mighty interesting time come tribunal nights if the judge rules that players aren't direct employees of the AFL. If they aren't the employer then what right will they have to suspend players from playing. That would then have to be left up to the direct employer being the club. Can't imagine they'd want to rest their star players for incidental Fyfe -like bumps etc. Does that mean clubs can employ from outside the draft system as not being able to could be considered a restraint of trade? Like I said a whole can of worms. Be interested to hear other's thoughts.

Players sign an AFL contract to their relevent club. The AFL sets a salary cap but the Club pays the bills & keeps the profits/losses. Therefore players are employed by the club and not the AFL. Cant see what this has to do with ASADA. Clubs can only top up from their rookie list and CANNOT recruit outside this system unless the rules are changed.

Yeah I understand that in principal Leather. Now ive considered this a little more where it gets interesting to me with ASADA arguing that players only share in a commercial interest with the AFL ( FYI so ASADA can apply Commercial Act Arbitration to the case in order to force their witnesses to testify) is that the AFL have the power to fine players for misdemeanours directly. If the ruling is they are only a commercial interest then what gives the AFL the right to fine players directly. Should the fine and or charge then be issued against the club the player applies his trade at for them to apply. If the AFL is not considered to be the employer what right do they have to take money out of players pockets and keep it for themselves. I know Liquor Licensing can fine me if I serve a minor or drunk in my profession but that's if I break a law of the state and the money goes to in to govt coffers/registry. In a footballers case he can be fined for instance being involved in a melee even if all he has done is walk over to pick one of his workmates up off the ground. This is certainly breaking no law of the state yet still he has no other option than to pay the fine or be suspended from applying his trade, therefore earning a living, by an organisation he doesn't work for apparently if indeed the judge calls it this way. I read tonite that Alavi's lawyers have argued that there is not one mention of the Commercial Arbitration Act in the AFL's act (nor ASADA's) and that this would have had to be mentioned if the commercial arbitration act was to apply to any rulings under the AFL
. Like I said initially, I just find it hard to believe players aren't regarded as employees of the AFL when the AFL can punish players financially. Makes me wonder that with every rule change each and every player would and should have to sign off on each new change year in year out as to redefine the boundaries of the commercial interests they share with the AFL. If not surely they shouldnt be bound by changes to rules made by the AFL which didnt apply at the time they signed their club contracts. Will be interesting to see the ruling...,most likely tomorrow.

Would think that the Contract would permit all changes to rules/regulations would still be legal as the player originally agrees to rules ( and probably amendments ) AFL wouldn't be that dumb. When I joined the public service I had to sign a form stating that I would not devulge any thing that I had heard to anyone (Public Service Secrets Act)

The players work for the AFL.

Fact: The clubs do not pay players. The AFL pays players so that's how they know what everybody is getting in their deals. The AFL gives the clubs a salary budget and they then forward a list of salary for each player each year.

When you sign a contract you are signing an employee agreement with the AFL outlining salary and conditions.