List of resolutions handed over by the ACA executive during emergency meeting in Sydney

List of resolutions handed over by the ACA executive during emergency meeting in Sydney

The players remain hopeful of reaching to mutual terms with the CA.

Usman Khawaja
Usman Khawaja speaks during a press conference in Sydney on July 2, 2017./ AFP PHOTO / WILLIAM WEST (Photo credit should read WILLIAM WEST/AFP/Getty Images)

The Australian Cricketer’s Association executive handed over 14 resolutions in an emergency meeting held in Sydney on July 2nd, as they continue their efforts to come to mutual terms with Cricket Australia over the pay dispute.

1. Statement in support of cricket

The players revealed the great amount of respect they hold for the game of cricket and the fans. They also spoke about the fact they are privileged to be a part of the Australian cricket team and takes it as an honour to represent the country.

Players expressed their desire to be on the field playing the game they love, interacting with the fans and supporters of cricket and representing their states and countries as soon as possible.

2. Response to the behaviour of CA: players will support their teammates

Both the male and female crickets mentioned that they were upset with Cricket Australia’s treatment during the MOU negotiations. They also felt that Cricket Australia did not respect the 20 years of partnership between the two bodies.

The players pointed out proudly that Cricket Australia tried to divide them, but the move backfired against them.

That across domestic and international lines and between men and women, resolve and unity had grown even stronger. And that for CA to have thought otherwise was to misunderstand what it means to be a member of a team as an Australian cricket player.

3. Fair remuneration

According to the ACA, players should be properly rewarded for their efforts. There is no guarantee over the fact that all cricketers will reach the top level. Even if they do, they might end up having a short career there, as it happens in most of the cases. So the players deserve their bit for their contributions.

The Executive noted in relation to CA’s March offer, that with the removal of accounting tricks and with more realistic assumptions, the overall funding to the players is significantly less than how it has been presented to the players.

4. Players to stay united as a matter of principle

The players claimed that no cricketer will represent the country until and unless every cricketer is given a proper contract with agreement from both sides. No cricketer will play for Australia while some others remain unemployed due to a lack of agreement.

The players have thrashed the CA’s divided and rule policy saying no to it. However, they remain hopeful that the CA will soon come up with a sensible MoU.

In terms of contractual obligation:

The Executive noted that all players with valid and enforceable contracts (such as multi-year State or BBL deals) will continue to honour them, and will expect their employers to do the same. This includes an expectation of the players sharing in revenue as contained in those contracts. If this is not honoured by their employer, then the enforceability of these contracts will also become questionable.

The Executive noted legal advice that a State Player may “accept” or reject an offer to participate on a Tour with CA, such as the proposed Australia A Tour of South Africa.

Australia’s Women’s World Cup Squad will continue and complete their Tournament as they agreed to do in good faith prior to the expiration of the MOU. The ACA wished them the best in their endeavours.

5. Upcoming Australia A Tour of South Africa by CA

All Australian cricketers are not bound to represent the Australian A team against South Africa without the absence of a MoU. This decision has been taken with reference to resolution number 4 mentioned above.

And is done in possession of legal advice examining the MOU and mandated player contracts that:

The players cannot be contractually required by CA to participate and play in an international Tour, including the Proposed Australia A Tour, beyond 30 June 2017 because:

(a) in the case of CA Contracted Players, their contracts with and obligations to CA will all have expired on 30 June 2017.

(b) in the case of the more than 50% of State Contracted Players, their contracts with and obligations to CA (and their State Associations) will have expired on 30 June 2017.

(c) in the case of the remaining State Contracted Players on multi-year contracts extending beyond 30 June 2017, their State Player Contracts and the MOU acknowledge that a player can either ‘accept’ an offer by CA to Tour or not; there is no compulsion to do so. Also for the period beyond 30 June 2017, there are many important issues that are not agreed in the State Player contract, such as the form of Tour Contract that would apply if no MOU is in place, the applicable Squad, Team and Tour Payments and any applicable list of CA protected sponsors.

However, the Australia A squad want to represent the country and will meet in Brisbane on Monday to gear themselves up for the tour. The team wants to give CA another chance to come up with a reasonable MoU and they remain hopeful of the same.

6. Tours of Bangladesh and India

The players conveyed a strong hunger and will to tour both Bangladesh and India and asked the CA to provide them with a legit MoU and support them in their decision which will make the tour happen.

But due to the failure to settle on a MoU and the fact that the players are unemployed, no players are available for the tours yet.

7. The Summer of Cricket

All players expressed a strong desire to participate in the Australian Summer of Cricket and urged CA to support them by renewing an MOU on fair terms so the Summer can proceed.

8. Rescuing tours and the Summer of Cricket should there be no MOU: the Employment rights of players

To rescue the Tours and the Summer of Cricket referenced above, if there was no agreed MOU, the ACA will be discussing with the players the assignment to the ACA of an exclusive option to employ or second them.

‘In contract’ players will also participate in the discussion regarding assigning rights to the ACA to allow them to Tour.

This means the ACA could offer to facilitate the availability of players on the right terms to assist those games and series that we all wish to see played.

This may extend to the ACA offering the players back to CA on the right terms for the purposes of rescuing the Summer of Cricket. This would be best achieved by an agreed MOU.

This option is available to the ACA and could be exercised absent an agreed MOU.

It should be regarded as an option for rescuing tours and the Summer of Cricket absent an agreed MOU which remains the clear preference.

9. Restraint of Trade

The players will provide support to any player who will be kept away from professional cricket opportunities after their unemployment.

This would apply if any out of contract cricketer is denied of a No Objection Certificate (NOC).

It would also apply if a player is threatened by future unemployment if they take part in an ‘exhibition game’ to help their unemployed teammates.Intellectual Property of the players and The Cricketers’ Brand

10. Intellectual Property of the players and The Cricketers’ Brand

The ACA Executive noted that with the passage of the June 30 deadline The Cricketers’ Brand was now looking to sign Sponsorships and arrange Player Appearances on behalf of Australia’s greatest players, now unemployed, and in consultation with player agents.

The Cricketers’ Brand has been given the approval to work with agents to commence the process of signing Sponsors and to deal with Broadcasters wanting to use these players’ attributes.

*Those State players with multi-year State Playing Contracts will continue to honour those agreements, including to attend player Appearances as directed.

**CA retains some rights to use out of contract players’ attributes for game promotion and development.

11. WaMCAP (Women and Men Cricketer Assistance Plan) funding distribution to players in need

The ACA executive allowed the payment of players from the WamCAP fund who need financial support.

12 Revenue sharing for all men and women who play professional cricket

The players have guaranteed their word to all male and female players at both international and domestic level receiving a ‘fair share’ of the revenue that will be generated for the game.
They also expressed their will to make sensible changes to the current model to reach an agreement.13. Mediation is still the right process

The players confirmed their view that third party mediation at CEO level is the right process to sort out the current dilemma.

14. Grassroots Cricket Investment

The ACA Executive carried on with his call for a review of the current underinvestment in grassroots cricket and for instructions to be developed for an increase in grassroots investment.
And noted that the current level of underinvestment seemed incompatible with the CA decisions to:
  • Almost double the number of CA employees over the last five years;
  • Grow CA cash reserves to the current level of approximately $70 million; whilst
  • Allowing grassroots investment to stagnate at the level of only approximately 12% of revenues.