Mariners Squad 2023/2024

[some guy]

Clubs don't set them. Players agents do.
All contracts do is make sure you do get a fee and set out wages etc.
As a means of tying someone to an employer they dont do that.
Anyone can get out of a contract. Ask a contractor

They have to be agreed, though. Bad business if we’re just blindly agreeing to any proposed release clauses our players’ agents propose.

 

[FFC Mariner]

Ironic that people think workers rights that they enjoy shouldn't apply to footballers.

 

[Stuartmcateer]

A contract in essence is a restraint in trade.

It's an agreement between 2 parties.

You wouldn't be able to have in your work contract that you can't go to this or that if an offer came in

 

[Huddo]

How do you advance the club if your getting cents to the dollar on quality players, disrupting your playing group midseason, probably affecting their final position, which will obviously have an effect on membership numbers next year, meaning it becomes harder to sign quality players.

It seems like a negative loop.

 

[Insertnamehere]

Ironic that people think workers rights that they enjoy shouldn't apply to footballers.

That needs a deeper explanation. Pretty flippant statement based on nothing from what ive read.

 

[Huddo]

Ironic that people think workers rights that they enjoy shouldn't apply to footballers.

What are you talking about?

These are contracted workers, not employees.

Most of the issues in the workforce ( in the Gig economy) have be created by contracted workers in the employment workforce. My point is the rights don't exist for things like sick leave and long service for contracted workers because there's a contract involved between 2 parties, it's not an employee/employer relationship.

Besides, even employees can have seperation clauses stipulating where they can work after they leave.

Do you understand basic IR law?

 

[Huddo]

It's an agreement between 2 parties.

You wouldn't be able to have in your work contract that you can't go to this or that if an offer came in

An agreement to be restrained in who you play for....

 

[turbo]

Clubs don't set them. Players agents do.
All contracts do is make sure you do get a fee and set out wages etc.
As a means of tying someone to an employer they dont do that.
Anyone can get out of a contract. Ask a contractor

If the player wants it hypothetically set at 300k what do you do? You don’t have to move forward with the deal. We’re seeing decent moves from the A league of late but if we set releases or take deals for unders we’re setting ourselves up to need to sell more players for the same amount. It’s poor business

 

[Huddo]

Selling club, doesn't mean fire-sale club

 

[FFC Mariner]

It's an agreement between 2 parties.

You wouldn't be able to have in your work contract that you can't go to this or that if an offer came in

Yes you can. Quite common.

 

[Stuartmcateer]

An agreement to be restrained in who you play for....

You can't play for 2 clubs at the same time.

It's not like a wedding photographer who can contract to provide their services to multiple entities at the same time.

 

[crock]

I would imagine we would find out today if there is any truth or not if he gets named in team

 

[Stuartmcateer]

Yes you can. Quite common.

My government contract wouldn't be able to stipulate that I can't leave for a private company if an offer came and I wanted to accept.

Otherwise nobody would ever be able to leave for the private sector.

 

[Huddo]

You can't play for 2 clubs at the same time.

It's not like a wedding photographer who can contract to provide their services to multiple entities at the same time.

You can't because the contract stipulates you can't in the players obligations.

Standard contract.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.footballaustralia.com.au/sites/ffa/files/2019-08/NRR05%2520Professional%2520Player%2520Contract%2520(2019).pdf&ved=2ahUKEwiYyqSI0YiEAxUWV2wGHYLnDIgQFnoECBsQAQ&usg=AOvVaw0caIjW9wcKK469NKw_ZGi_

Under Players Obligations, Point 4.1(a).

EDIT: there may be rules from the governing body that state this also, but this contract is to ensure the club gets what it paid for.

 

[Huddo]

My government contract wouldn't be able to stipulate that I can't leave for a private company if an offer came and I wanted to accept.

Otherwise nobody would ever be able to leave for the private sector.

If you ability is specialised, it can be written in to a contract.

EXAMPLE: Say you were trained up on a specific piece of equipment to assist a contractor/employer with a an extremely specific job, they could have written into your contract that if you were to seperate that specified job is not to be practiced, or an exclusion zone on for where it would be practiced to ensure the contractors/Employers business was protected.

EDIT: it doesn't even have to be that specialised, my missus was barred from selling jewellery on the Peninsula for 6 months after she left a jewellery retail job, because it was written in to her contract.

 

[Stuartmcateer]

If you ability is specialised, it can be written in to a contract.

EXAMPLE: Say you were trained up on a specific piece of equipment to assist a contractor/employer with a an extremely specific job, they could have written into your contract that if you were to seperate that specified job is not to be practiced, or an exclusion zone on for where it would be practiced to ensure the contractors/Employers business was protected.

But that's not what you are talking about when you say it should be written into the contract that we won't sell to a second tier club.

There's no proprietary information or skills and nor is there an infringement on the CCM business in Australia by selling to a K2 club.

 

[Corsair]

It's an agreement between 2 parties.

You wouldn't be able to have in your work contract that you can't go to this or that if an offer came in

Of course you can, I've had these clauses in contracts before. Usually time limits, i.e. can't work for a direct competitor for x period after contract terminates. Whether they are enforceable is a different matter.

 

[turbo]

EDIT: it doesn't even have to be that specialised, my missus was barred from selling jewellery on the Peninsula for 6 months after she left a jewellery retail job, because it was written in to her contract.

That sort of thing can be contested, or ignored and contested if the employer bothers to sue. The contract can say anything it wants but wont necessarily be enforceable. And typically there's provisions like gardening leave required to make it enforceable.

But that's not what you are talking about when you say it should be written into the contract that we won't sell to a second tier club.

There's 2 separate things happening here, I agree you can't do that example and be selective where they go. But at the same time if we had to agree to any release under Aus law we'll never get anywhere as a selling league.

 

[Huddo]

That sort of thing can be contested, or ignored and contested if the employer bothers to sue. The contract can say anything it wants but wont necessarily be enforceable. And typically there's provisions like gardening leave required to make it enforceable.


There's 2 separate things happening here, I agree you can't do that example and be selective where they go. But at the same time if we had to agree to any release under Aus law we'll never get anywhere as a selling league.

Yeah, I said the same thing to the misso, and she wasnt worried. My point is it was written in, which means there is a point of contention, and a position the employer was taking, contested or not my missus knew her previous employer ( current at the time) wouldn't be happy with a lateral move.

 

[Ironbark]

At the end of the day I don't think this is a good move for Torres.

A season here carving it up the way Tulio did and J1 or equivalent becomes an option. He could disappear into the cracks at Suwon and stall the career.

Standing out in the A-League is a better shop window than being mediocre in a second tier league, even if it's higher quality, imo.

Hope Jacko is telling him the same