@strongee said in [Signing Suggestions & Rumours](/post/1481166) said:
I’ve said this before , but we are one of the only elite competitions in the world , without a draft to go with the salary cap . Either don’t have a salary cap , and have all salaries public knowledge , or have a draft to help with the cap .
The NSWRL introduced a draft in 1991. Some players and coaches challenged it in the courts and the High Court upheld the challenge and the draft was thrown out. It lasted a year.
Fast forward to today. Imagine, say, Easts and other glamour clubs being denied the opportunity to pick the eyes out of the best juniors. How long before Polites challenged it in the courts ?
The only reason a draft works in the AFL is because everybody is prepared to accept it. It wouldn't survive if it were challenged in the courts.
That is not necessarily true, restraints of trade can win court challenges if they can be proven to be fair and reasonable. Examples of arguments for fair and reasonable restraints of trade include that they are important for the viability of the organisation and thus actually protect wages. It is why the salary cap would likely survive a legal challenge. If a sporting organisation could argue that the competition is more viable because of a draft than it could possibly survive a legal challenge.
I guess it’s theoretically possible to design a draft that will survive a court challenge in Australia. Or perhaps it would be better to get everyone’s agreement beforehand not to challenge it in the courts (similar to the AFL).
From time to time the NRL has re-considered a draft, but has not pressed on. I suspect because it sees the challenges which would be difficult, if not impossible, to overcome.
As you say, the viability of the NRL is an important consideration, which the court is obliged to consider. This was raised in the original case. However, the appeal Court found that while the NSWRL was seeking to assist the evenness of the competition, the Court did not accept that the draft was necessary to ensure the financial stability of the clubs.
You also mention that a draft could be approved if demonstrated to be fair and reasonable. But this was the sticking point on appeal. Part of this was the way the draft had been designed, but the fundamental objection for the court was that the draft is contrary to the common law principle that parties should be free to trade as they wish.
Justice Wilcox held that if you are compelling a person to enter into the service of someone they have not chosen, then the justification must be extra-ordinarily compelling for it to be said to be reasonable.
Moreover, Wilcox regarded the proposed internal draft as both anticompetitive and an illegal collective boycott. He said that: “It is difficult to see what policy purpose is achieved by leaving inviolate arrangements under which potential employers agree not to compete amongst themselves ...It is certainly not in the interests of employees.”
I only raised the NSWRL’s attempt to introduce a draft because a number of people keep saying that the NRL should introduce a draft. It is clearly easier said than done.
Good debate and points raised. I think this year the huge gap between the top say 6 teams and the rest has been widely discussed in commentary teams. The fact that the Titans made the finals winning - was it 10 games out of 24, highlights the gulf. If this shows up again next year it is quite possible that a draft or 'other way' of making the game fairer may come into play. I remember another poster mentioning something like a 'points allocation' for each team with players being given ratings. Who knows, but at the moment the salary cap is a farce.
I have been saying this for ages
Sydney Rugby Union uses this approach and if it was adhered to it would work well. Currently the system is being rorted by the top teams
Players are allowed points for being a 1st grade player, a super rugby player, Australian player or Second tier nations player. But if you are junior or played more than 1 season at the club you can get discounts e.g.; for the Tigers
Chris Lawrence played for Australia allocated 10 points but discounts for being a junior and years of service he would cost the club 1 point. Now Cooper Cronk when he went to Easts, played for Australia 10 points, not a junior or never played for the club before he costs the club 10 points. Each club is allocated 100 points for first grade for that day. Simple solution and if managed effectively is a great way to spread talent
