NRL’s new judiciary powers blocked after formal dispute lodged

2 months ago 28

The NRL’s controversial plan to bypass the match review committee to cite players has been blocked until a formal dispute filed by the players’ union has been resolved.

Head office has come under fire for granting itself “unfettered power” to charge players for on-field offences, and now they will be unable to implement the initiative, at least in the short term, amid claims due process wasn’t followed.

The Rugby League Players’ Association on Thursday filed a formal dispute over the issue, claiming the NRL didn’t follow the agreed consultation process as mandated by the collective bargaining agreement. Under the CBA’s “status quo provision”, the change can’t come into effect until the dispute is resolved.

The stoush comes amid revelations that, under the existing NRL Judiciary Code of Procedure, there is already a mechanism that allows the ARLC board, the NRL chief executive or the CEO of a club to raise any concerns over on-field incidents to the match review committee.

On Wednesday, NRL CEO Andrew Abdo defended the initiative, describing it as an “insurance policy” that may never be used. That wasn’t enough to placate the RLPA, who sent out a message to a member base exceeding 500 players criticising the NRL’s “failed consultation process”.

“According to the CBA, the NRL must consult the RLPA on the rule changes impacting players, following an agreed process to protect players and give them a voice,” the RLPA wrote in its message.

“However, the NRL did not follow this process. Instead of providing the RLPA with a 14-day consultation period, they announced the change five days after proposing it in writing to us.

“By ignoring this process, the NRL prevented the RLPA from consulting your player leaders and providing proper player feedback.

“This afternoon, we filed a formal dispute with the ARL Commission and the NRL, citing a breach of the CBA through non-compliance with the consultation process.

“The CBA’s status quo provision also mandates that the ARL Commission must not implement the disputed Judiciary Code changes until the dispute is resolved.

The NRL’s controversial initiative to cite players has been blocked.

The NRL’s controversial initiative to cite players has been blocked.Credit: Getty Images

“We have significant concerns about the proposed changes, which we intend to review with your player leaders. Unfortunately, due to the breached consultation process, we haven’t yet been able to work through our own process and provide player feedback to the NRL.

“We will continue to keep you updated as the dispute process progresses.”

The NRL was hoping to have its powers in effect immediately, but the RLPA move means they will be put on hold indefinitely.

The association feels there are already safeguards provided under rule 49 of the Judiciary Code of Procedure, which states, in relation to complaints:

“(1) Where, in the opinion of the Board, the Chief Executive Officer or the chief executive officer of a Club, the conduct of a Player during a Match in the NRL Competition warrants consideration by the Match Review Committee pursuant to Rule 51, the Board, the Chief Executive Officer or the relevant chief executive officer may forward a Complaint concerning that conduct to the Secretary.

(2) For the purposes of sub-Rule (1), any such Complaint must be:

(a) In writing; and

(b) Forwarded by no later than 12.00 noon on the first Business Day following the relevant Match.

(3) Where a complaint in accordance with this Section is received by the Secretary, he shall forthwith provide a copy thereof to the Match Review Manager.”

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Penrith coach Ivan Cleary said the NRL’s initiative showed a “disturbing” lack of confidence in the current system. Leading Sydney-based lawyers Lee Hagipantelis, Nick Ghabar and Paul McGirr have also been publicly critical, while the majority of clubs have also privately raised concerns.

Michael Chammas and Andrew “Joey” Johns dissect the upcoming NRL round, plus the latest footy news, results and analysis. Sign up for the Sin Bin newsletter.

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