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Players ready to fight for release
By Bret Harris
April 30, 2008
THE players' association is prepared to take legal action to resolve the dispute over the ARU's contentious decision to scrap the early release policy.
The ARU's move to overturn the policy is creating a lot of anxiety among players who are looking to continue their careers offshore.
The standard ARU contract expires on December 31, but the European season begins in August-September, which makes it harder for Australian players to secure deals.
The Rugby Union Players Association is in discussions with the ARU on the issue and, if talks fail, the association has not ruled out taking legal action.
The players' association took the ARU to court in 2003 over image rights in relation to the World Cup.
"If there were strong legal grounds to contest it, then we would have to consider it as a last resort," RUPA chief executive Tony Dempsey said.
"We would be reluctant participants in that because we want to maintain good relations, but at the end of the day we represent our members. We are taking legal advice."
RUPA reached an agreement with the ARU in 2004 which recognised players' long service if they requested an early release from their contract to play overseas.
If a player had five years' continuous service and had played 30 Tests or 60 Super games, he would be eligible for consideration for an early release.
This accord between RUPA and the ARU formalised an ad hoc arrangement which had been in place for several years.
In the past the only players who sought an early release were veteran Australia players who were looking to secure "superannuation" contracts overseas and Super 14 players who could not make the Wallabies.
But the widening remuneration gap between European and Australian rugby is making an overseas stint a more attractive proposition, even to incumbent Wallabies.
As a result, Wallabies in their prime, such as New South Wales forwards Dan Vickerman and Rocky Elsom, are looking at playing overseas.
The ARU clamped down on the early release policy to prevent a potential mass exodus of players, which is happening in New Zealand.
Since the World Cup in France last year, New Zealand have lost front-line players Carl Hayman and Luke McAlister, while the world's best player, Dan Carter, is expected to go overseas at the end of this year.
The ARU's attempt to protect its main asset, the players, is reasonable but RUPA argues that players signed contracts on the basis of the early release policy being active.
If RUPA did not take the ARU to court, it could fund an individual case to test the legality of the policy.
Dempsey is scheduled to meet ARU officials this week in an attempt to resolve the issue.
"We've got our fingers crossed we'll come to a sensible solution," he said.
"We would like to see Australian players playing in Australia, but we are realistic enough to know that players will consider playing overseas at certain times in their careers."
http://www.foxsports.com.au/story/0,...-23217,00.html
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