The NRL must INTERVENE
- Thread starter FinestTigers
- Start date
Leck
Well-known member
I'm not. The Panthers understand that a players body is more than a battering ram.
This pod is great for player info, especially when injuries occur.
FinestTigers
Well-known member
Under the ARLC's legal considerations and implications, believe it or not, i think that the ARLC is very much capable of intervening and force a governance change. The real question is, why haven't they yet?
Under the constitution of the ARLC and the club licence agreement, the commission holds extensive discretionary powers to activate when extraordinary triggers occur.
And there are a few triggers that could activate this clause for an intervention, the most effective trigger/s that i can see is the following.
The best interests of the game clause.
Trigger 1. Severe commercial and broadcast deprivation
Under their constitution and discretionary powers this clause can be triggered when poor governance leads to endless bottom 4 finishes which then causes depressed tv ratings and reduced match day attendances, the commission can argue that broadcast partners pay billions to air competitive matches and that this governance model is directly weakening the NRL"s broadcast product
Trigger 2. Prolonged failure on the NRL ladder.
The WT NRL ladder positions for the past decade is one of the most continuous declines in NRL history, the commission can trigger this clause for a decade long bottom tier club, arguing that board friction as the main cause for the decline and improper football investment.
The NRL would not immediately strip a licence but it could use the best interest's clause through a multi step process and force HBG to abandon their primitive debenture seats.
We probably could also add more triggers.
3.failure in junior talent retention.
4. Brand and operational chaos.
One serious trigger should be sufficient, and
If the ARLC asked me, do you have a trigger for us to activate the clause? I would be saying how many do you want?
Chunk
Well-known member
Our CEO has more chance of changing things than..............what do you propose?
You say 'those lengths to appease HBG', maybe he was simply indicating that Wests Magpies play a role in the development of our pathways, it was simply a comment on the forum, not gospel.
And also, 'those lengths to appease HBG' (your words) could be seen as a form of compromise, thats what these guys are good at, making progress through compromise.
He might not be good at it, but I'm simply hoping.
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Chunk
Well-known member
Yeah fair enough, I suppose it's depends on what the NRL consider extraordinary triggers and it would have to proven if was clearly the fault of HBG.
Did you make them up or they specific triggers? For example, 'Endless bottom 4 finishes' Is this fairdinkum?
I think the NRL's main concern is can HBG pay their bills and fulfill other parts of the agreement.
Pringle Gold
Active member
Honestly the only thing that would force a re-think would be to boycott merchandise, game tickets, membership and any form of revenue stream for the club. That could force them to come to the table or NRL intervention. However it would also require the fans to come together, develop a list of demands and probably think about what they’re willing to compromise if either HBG or NRL came to the table to negotiate.
You’ve already dismissed this idea because it hurts the club. That’s despite the club dishing up disgusting and embarrassing results year on end and scandal after scandal.
The other option would be to try and infiltrate the debenture system but that seems extremely unlikely to succeed given the stranglehold they have over approving new debenture members.
You keep saying the CEO can influence or negotiate. But what are you thinking he can influence? Better governance structures or funding or both?
I’ll also say I have 15 years of evidence backing my statements re HBG. When have they ever listened to reason or acted in the best interests of the club?
I don’t know why you’re trying to argue the CEO’s statement on Lidcombe. Anyone who says Lidcombe is vital to our pathways has rocks in their head.
Alex Seyfarth's #1 Fan
Well-known member
Only things they care about are themselves and making sure the Magpie has proper representation on the jersey.
Go_You_Good_Things
Well-known member
Well of course they'd want proper representation of the Magpie on the jersey.
I would too, if I was paying for it. And I'd be surprised if you wouldn't as well.
This thread is an eye opener.
mtd#2
Well-known member
3 magpies.. why not make it 4 or 5?
Why not just replace the tiger whilst at it?
Rock Hopper Steve
Well-known member
That's a very noisy jersey, nearly as bad as the racket coming from the backyard this arvo.
Alex Seyfarth's #1 Fan
Well-known member
What is the Magpie on the FG jersey doing for us? Is it producing more talented juniors? Is it making players want to stay with us longer? Does it being there make us an exorbitant amount of money? HBG would rather spend valuable meeting time arguing over the size and placement of the Magpie than on improving our pathways.
mtd#2
Well-known member
If i were a billionaire id team up with you to make a tv comedy..
TurnStyle
Well-known member
You could name it "Of Errors" 🤪
FinestTigers
Well-known member
Hi mate,
Sorry for that, I've used them interchangeably, having the same meaning triggers/arguments.
To give us a better understanding of our discussion here, i think it will be well worth reviewing the case of Jack de Belin.
Belin took legal action against ARLC/NRL to overturn his standdown policy and having four main claims. The Court ruled entirely in favour of the ARLC/NRL and ordered Belin to pay all legal costs.
De Belin v ARLC 2019.
For the purpose of our discussion here, I've chosen the most relevant one of his four claims which is,
1. Unlawful restraint of trade.
This was a landmark court case that declared more than just one thing. When J de Belin lost his case against the ARLC, he not only lost, this case also demonstrated the scope of the discretionary powers that the ARLC have at their disposal and the federal court upholding the use of those powers.
Key Finding: The Court affirmed that the ARLC holds broad, legitimate discretionary authority under its Constitution to take proactive measures to protect the commercial reputation, broadcast value, and public standing of the sport.
Unlawful restraint of trade
This ruling affirmed that the Commission possesses broad authority to protect its legitimate commercial and reputational interests, even when doing so restricts the rights of individual participants
Activating the clause against HBG.
The De Belin judgment established that the commissions mandate to protect the commercial viability, reputation, and operational integrity of the competition overrides the internal rules or contractual preferences of individual participants. By applying these principles, the ARLC can issue mandatory governance directives to HBG, framing the removal of debenture board seats not as an arbitrary interference, but as a legally justified, "reasonably necessary" step to protect the NRL brand and the best interests of the game.
And there you go mate, the J de Belin case is a perfect example of their discretionary powers and the key findings of the court and of what i have been trying to explain and why the NRL should and could easily intervene, because it is legally valid and reasonably necessary to protect the legitimate interests of the governing body and reasonable in the public interest.
So, what are they waiting for, i ask again, how many more triggers/arguments does the ARLC want?
wstigers11
Well-known member
Maybe their intervention is just relocation
$80 million super bid: Newtown Jets alliance could seal Brisbane Tigers NRL entry as 20th team
What’s in a name? For the Brisbane Tigers it could be the difference in securing the NRL’s 20th licence - and a potential allegiance with a Sydney foundation club may seal the deal.
tig_prmz
Well-known member
I feel like PVL is running NRL like a business more than an asset.
I find the amount of changes and comments he makes off the cuff quite unprofessional and unsettling. I just feel like he's creating a bubble which might burst the moment he leaves or one big private owner sells at a loss.
Scott Penn apparently invests less into Manly than HBG into WT.
Lots of money going to players and other businesses but not into R&D and development of coaches.
I feel like a lot of clubs should be sending their performance coaches into EPL, NFL, NBA etc to see their recovery methods, their testing protocols and invite them to NRL as well.
I have no evidence to support it, but it just feels like we are expanding off a poor base. I don't buy this "we were about to go broke before PVL" bs. And if that's true, shouldn't the millions of extra $$ be invested more into NRL clubs (not salary cap) instead of expanding into another countries?
I find the amount of changes and comments he makes off the cuff quite unprofessional and unsettling. I just feel like he's creating a bubble which might burst the moment he leaves or one big private owner sells at a loss.
Scott Penn apparently invests less into Manly than HBG into WT.
Lots of money going to players and other businesses but not into R&D and development of coaches.
I feel like a lot of clubs should be sending their performance coaches into EPL, NFL, NBA etc to see their recovery methods, their testing protocols and invite them to NRL as well.
I have no evidence to support it, but it just feels like we are expanding off a poor base. I don't buy this "we were about to go broke before PVL" bs. And if that's true, shouldn't the millions of extra $$ be invested more into NRL clubs (not salary cap) instead of expanding into another countries?
magpies forever
Well-known member
Let me guess what Sydney foundation club you're talking about. Haven't the Tigers supporters already said Balmain and Ashfield are both dead? A new club outside Sydney won't want Tigers / Magpies stink from Sydney, they will do their own thing. Go and support a Brisbane Tigers if they come up, but they will have nothing to do with Balmain Tigers and it's history.
