0
Players' union says ARU restriction is a breach of anti-collusion clause in agreement
- From: The Australian
- February 19, 2010 12:00AM
THE ARU's restriction on Super 15 expansion franchise Melbourne Rebels' recruitment of Australian-based players is in breach of the Collective Bargaining Agreement, according to the players' union.
Under the recruitment protocol introduced by the ARU to avert another Western Force-like poaching frenzy, the Rebels and the four existing Super rugby franchises -- Brumbies, NSW Waratahs, Queensland Reds and Force -- cannot sign each other's players until June 1.
The Rugby Union Players Union has argued that the ARU's action, which is supported by the existing four teams, is in breach of an anti-collusion clause in the CBA, which is designed to prevent unions from entering agreements with each other to deny free market forces in player recruitment.
While the Rebels have threatened to take legal action against the ARU over the issue, RUPA is seeking a compromise solution.
"We believe the ARU's interpretation of the CBA on this issue is incorrect," acting RUPA chief executive Omar Hassanein said.
"Obviously, players would like to operate in a free-market environment. That's our stance."
Hassanein said RUPA would prefer the ARU lifted the restriction completely, but the union was prepared to negotiate.
A potential compromise could involve bringing forward the recruitment time frame from June 1 to April 1, which is when the Rebels are free to sign state academy players and Australian sevens representatives.
"We are trying to work with the ARU collaboratively to see if we can come to some resolution without looking to take things legally or some other knee-jerk reaction," Hassanein said.
"There are a number of different stakeholders with different views and interests.
"There are Melbourne's interests, the existing states' interests and the players' interests.
"I'm confident of a resolution. We have proposed a compromise. That's what we are hoping for."
When asked if the ARU was open to compromise on the issue, a spokesman said: "RUPA are entitled to their views and opinions. The ARU will always act in the interests of Australian rugby as a whole."
The Rebels argue the restriction has placed them at a disadvantage to the other four teams, who are permitted to re-sign their own players before June 1.
There are five Wallabies on top of the Rebels' hit list: Berrick Barnes, Peter Hynes, Stirling Mortlock, David Pocock and Benn Robinson.
They hope the signing of these players will help attract other stars.
Mortlock is believed to be close to agreeing to play for the Rebels on a three-year contract, but there is a chance he will go overseas.
The Rebels, however, are believed to be bullish about their chances of securing Pocock.
But a financial imperative is also believed to be driving the Rebels' desire to see the June 1 restriction lifted.
An informed source told The Australian yesterday the Rebels had spent twice as much on coaching and management staff as originally estimated.
It is believed the new franchise, headed by Harold Mitchell, is seeking an extra $6m to $7m in private equity.
But potential investors are waiting to see what kind of team the Rebels recruit before they commit to the franchise.
http://www.theaustralian.com.au/news...-1225831960274