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Player Drafts: AFL vs. Rugby League

Analysis of player draft systems in AFL and rugby league, focusing on legal challenges and the role of collective bargaining.

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English

Australia

SportsLawCompetitionDraftPlayers

Essendon Football ClubAflNsw Rugby LeagueRugby League Players Association

Dennis Tutty

Why does the AFL have a player draft system?: The AFL's player draft system exists because of collective bargaining between the players and the league. The players agree to the system, and it's designed to promote fair competition among teams.
What are the prospects of a rookie external draft in rugby league?: A rugby league draft is unlikely without the players' agreement. The right to choose one's employer is a fundamental freedom, and any restrictions need careful scrutiny. The AFL's successful draft system demonstrates that a collectively bargained agreement is key to its implementation.
What were the consequences of the 2011 Essendon supplements scandal on the club's draft picks?: In 2011, Essendon Football Club faced significant sanctions due to a supplements scandal, resulting in a setback for their on-field performance. The most impactful sanction was the prohibition of their first and second draft picks in 2013 and 2014, severely hindering their ability to rebuild.
What was the outcome of the 1991 court case regarding the internal player draft in rugby league?: The 1991 Full Federal Court ruling declared an internal player draft in rugby league void due to it being an unreasonable restraint of trade. The court found that the draft did not sufficiently protect league interests and other methods existed to ensure fair competition.
What were the key factors considered by the court in the 1991 case concerning the reasonableness of the draft?: The court's decision in the 1991 case hinged on whether the internal draft was strictly necessary to protect league interests and if alternative methods existed to achieve similar results. The salary cap was seen as a sufficient alternative, making the draft unnecessary.

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