Off the beaten ‘Trac’: how contract law could force an unsettled AFL star out of their club

Introduction

The intrigue of the AFL industry has been firmly fixated on the future of Melbourne superstar Christian Petracca. Reports throughout the recent post-season suggested that the 29-year-old had become disillusioned with his club and was considering lodging a trade request to resume his career elsewhere. This never materialised and Melbourne publicly rejected this possibility in no uncertain terms. While the matter might seem to be put to bed, a disappointing start to the 2025 season for player and club raises the possibility of the contracted Petracca pursuing an exit. In the most extreme case, if the parties’ positions are inconsolable, how might this impasse be resolved? The answer might be lying within an obscure procedure contained in the AFL’s Collective Bargaining Agreement (“CBA”) known as the Grievance Procedure. This microblog will explore the reasons behind the alleged dispute, describe the procedure as well as possible grounds for complaint.

 Background

It is important to note that the player and club have publicly stated their intention to honour Petracca’s contract which expires at the end of 2029. Therefore, the following remains a hypothetical exercise.

 Season 2024 was a disappointing one for Petracca on several fronts. Melbourne, as a team, performed far under expectations, finishing the season in 14th position and failing to qualify for the Finals Series. Additionally, Petracca suffered a serious rib injury halfway through the season, which coupled with a long stint in hospital, ruled him out of the team’s season. The club also staved off criticisms of its culture, with on-field leaders such as Steven May and Clayton Oliver embroiled in claims of ill-discipline. When combined with a winless start to the 2025 season, these factors have led to an unsettlement in Petracca in terms of the club’s ambition, governance and reputation and might precipitate a trade request.

The AFL’s Grievance Resolution Framework

Jurisdiction

Annexure D of the CBA outlines the AFL’s Grievance Procedure that binds the parties. The AFL and the AFL Players’ Association (“AFLPA”) are signatories to the CBA. As the competition’s controlling body, the AFL has the power to bind clubs (including Melbourne) to the CBA terms. Similarly, AFL players have entered into a playing contract with the league and the club and are bound by the CBA terms on this basis.

Existence of a grievance

As a threshold issue, a “grievance” must exist. Grievance is relevantly defined as the following under item 1:

Any issue or dispute between:

(a)   A Player…and a Club arising out of or in respect of the employment of a Player or the application, operation or interpretation of the provisions of this Agreement.

Some reports have suggested that during and following the treatment of Petracca’s rib injury, the player was dissatisfied with the club’s handling of the injury. This might form the basis of a grievance under this provision.

The preliminary process

Section 40 of the CBA provides that if a party has a grievance, they must first submit themselves to the preliminary process. [1] The aggrieved party must lodge a written report with the other parties outlining the nature of the grievance, including relevant contracts, laws, rules, regulations or rights; a statement of the facts; and the remedy sought. [2] Within seven days of the report being lodged, the parties must meet to try and resolve the grievance. If the first meeting fails, either party is then entitled to have the grievance determined by the residual grievance procedure in Annexure D.

The Grievance Procedure

Item 3 of Annexure D relevantly outlines the procedure for grievances between a player and a club (for example, Petracca and Melbourne). Where the preliminary process fails, the grievance is referred to the AFLPA and the General Manager (“GM”) of Football or the CEO of the club for discussion. This meeting is to be held within seven days of referral, and the player may attend. If this does not resolve the grievance, the matter is referred to the AFL General Counsel and the AFLPA CEO for discussion. The player and the club may be present at the meeting, again, to be held within seven days of referral. At least two days before this meeting, the parties must respond in writing to the allegations set out.

If the matter remains unresolved, the grievance can be referred, either by the Player or the Club, to the Grievance Tribunal. The AFL General Counsel is required to convene this meeting as quickly as possible but before 30 days after the referral occurred. Both Player and Club are entitled to representation at the Tribunal. Importantly, unless there is an agreement to the contrary, if the timeframes under this term are not complied with, and there is no reasonable excuse provided, the affected party can immediately refer to the Tribunal. Excuses will not be deemed reasonable if the club immediately acts to exclude the player from attending the club or any facilities or services it provides; or if the affected party can demonstrate it would be prejudiced by the delay and suffer loss unable to be remedied by damages.

The Grievance Tribunal

Item 7 provides a pre-condition to instituting proceedings in the Grievance Tribunal. The aggrieved party must refer the matter to the Tribunal before issuing legal proceedings in any Court or other tribunal, unless the grievance involves a third party.

 Items 8 and 9 describe the makeup of the Tribunal. The panel comprises 3 people nominated by AFLPA and another 3 nominated by the responding party, whoever that may be. Crucially, all nominations must be agreed to by all parties. The nominees are generally people with expertise in areas that may arise. Both the notifying party and the respondent will mutually appoint a Chair and Deputy Chair.

 Each party may be represented by an advocate at the Tribunal according to item 15. Further, the Chair will determine the procedure, however there are a series of default procedural rules. These include that –

·       The rules of evidence apply;

·       Witnesses may be called by both parties;

·       Cross-examination is permitted;

·       Any Tribunal member may ask any questions of any witness or party throughout;

·       The standard of proof is on the balance of probabilities.

 After the proceedings have finished, the Tribunal has the power to make any award it sees as necessary having regard to equity, good conscience and the substantial merits of the case. No regard is to be had to the law or to technicalities. The remedies listed are not exhaustive but include issuing injunctions and declarations, as well as awarding damages and specific performance. Item 18 crucially provides that the Tribunal’s determination is final and binding except in very limited circumstances. To the extent that a party fails to comply with an order or award, they have breached the CBA.

Conclusion

The AFL’s Grievance Resolution Framework is a little-known and underused regime available to all signatories to the CBA. The fact it has been used so sparingly is perhaps to give credit to the goodwill and good conduct within the industry, or to the strength of informal dispute resolution between industry players. Regardless, it represents a powerful instrument to avoid matters going to the courts.

References

1.     Annexure D, AFL/AFLPA Joint Collective Bargaining Agreement 2023-2027. Available at https://www.aflplayers.com.au/industry-home/cba

2.     Sam Goodwin, AFL makes call on Melbourne Demons wrongdoing over Christian Petracca’s return to field (Yahoo Sport Australia, 2024). https://au.sports.yahoo.com/afl-makes-call-on-melbourne-demons-wrongdoing-over-christian-petraccas-return-to-field-004025623.html

3.     Chris De Silva, Melbourne start Christian Petracca says season-ending King’s Birthday injuries ‘the most traumatic thing I’ve ever experienced’ (ABC News, 2024). https://www.abc.net.au/news/2024-06-26/afl-melbourne-christian-petracca-injury-trauma-interview/104022838

4.     Staff writers, Simon Goodwin insists Christian Petracca will be staying at Melbourne Demons (ABC News, 2024). https://www.abc.net.au/news/2024-08-20/demons-coach-insists-petracca-will-be-staying-at-club/103990208

5.     James McKern, Fans all say the same after Christian Petracca injuries revealed (The Weekly Times, 2024). https://www.weeklytimesnow.com.au/affiliates/kayo/fans-all-say-the-same-after-christian-petracca-injuries-revealed/news-story/e134cc5b8a7b9f90e4e0599434445a49

6.     Anna Pavlou, ‘Melbourne are very worried’: Christian Petracca’s family disgruntled with Demons over handling of serious injuries (Nine Wide World of Sports, 2024). https://www.nine.com.au/sport/afl/news-2024-christian-petracca-injury-reaction-family-unhappy-with-melbourne-demons-caroline-wilson-20240618-p5jmoe.html

7.     Staff writers, Why Demons star wants out as new bombshell details emerge (Fox Footy, 2024). https://www.foxsports.com.au/afl/beyond-repair-big-blue-can-unlock-demon-megadeal-claims-bombshell-trade-report/news-story/e685efc924e5e7df5de343a4a4de64de

[1] CBA s 40(a).

[2] CBA s 40(b).