Changes to the A-League held-up by state member federations, with another 90 days to sort out the future of the professional game
The New Leagues Working Group (NLWG) had a bit of a haulage problem yesterday, coincidentally (perhaps) April Fools’ Day.
Their so-called confidential ‘recommendations report’ seems to have fallen off a whole lot of trucks.
Ploughing through the first five pages, one is first greeted with Chairman Judith Griggs’ flowery language praising all concerned – check out the men preening as they read her words – in getting the report done, but noting the “complexity” of the “mandate within such a short timeframe”. A timeframe, by the way, that was set by another working group which she chaired.
The next few pages are taken up with a whole lot of “pursuants”, related to the Constitutional changes in October – yes, almost six months ago – before we get to the nub of the ‘recommendations report’ which notes that quite a few of the ‘come to Jesus’ type issues were not actually settled by the 31 March deadline. Nonetheless, the process was all very pleasant because everyone “shared considerable” information. Allelulia and Praise the Lord.
However, when push comes to shove, it’s all “a work in progress”, with Griggs suggesting that everyone continues to “share information and modeling and finalise the priorities, sensitivities, sources and quantum of funding/investment required going forward”.
It takes several pages of reading a series of principles – some stakeholders call them 'core', others 'guiding', others merely number them – before we get to Griggs' 14 recommendations, the first of which is to buy time and set a new timeline of 30 June 2019 for all of this to be settled, including changes to the FFA Constitution – all couched in language of keeping the “momentum” going.
The other recommendations concern:
procedural issues around taking account of a special resolution related to a new A-League company;
a FFA Constitutional review – yes, another one;
continuing “to share” financial information;
an analysis of FFA owned or controlled assets before binding agreements are made;
a third party valuation be given of these assets (presumably not by PwC in light of a NLWG and FFA Board member's day job);
specialist advice be sought on taxation implications;
the need for “proactive consultation” with FOX Sports Australia;
the need for “proactive consultation” with long term FFA partners, especially where sponsorship inventory is bundled into more than one property;
further time and analysis needed on the extent to which media and sponsorship rights should be bundled in the future;
the strategy and steps required to make the W-League “the premier women’s league in the world”, the role and structure of the NYL in football development, and how best to meet the often competing demands and priorities of national team activities;
ongoing stakeholder involvement in the A-League with the state member federations and the Women's Council;
consultation with other stakeholders such as AAFC, FCA, FSA, PFRA and the national second division working group; and
continuation of existing collective bargaining agreements between FFA and the PFA.
Considering all of those involved in the NLWG – except perhaps the Women's Council – knew all of this was coming for some time, it could be considered optimistic that the report now sets a new timeline, to the point of conclusion of changes to the FFA Constitution, of another 90 days.
The biggest roadblock is, of course, Australian football's great anachronism – the state member federations, who now consider themselves the custodians of the game and who – true to form – are in no rush to come to an agreement.
The state member federations were lead in the saddlebag of the NLWG from the outset as the relevant Constitutional change last year specifically required their agreement to get these changes through the FFA Congress. In effect that means, for example, that it only takes one of the state member federations which doesn't currently have an existing A-League club (Tasmania, the ACT and the NT) can hold the development of the professional game to ransom.
But wait, there's more
The detail is in the attachment setting out the arrangements for the new Australian Professional League Company (APLCO) in which all existing and new A-League clubs will be a shareholder with FFA to hold a 'golden share'.
The 'golden share' is generous. It gives FFA a right of veto over 21 specific matters including changes to the structure of APLCO itself, the criteria for promotion and relegation, the definition of distribution of Leagues revenue, relocation of clubs, and rules concerns international matches and foreign and visa players.
On this basis, it's hard to see what the FFA or the state member federations could object to.
In return, APLCO requires FFA to grant a license over matters such as logos, domain names, websites and other properties associated with the Leagues, and to transfer IP to each respective club. APLCO requires the commercial rights that are relevant to its operations, with FFA to retain what is left which, by the way, is or should be considerable.
In addition, APLCO will pay FFA an annual license fee, as well as percentage of international transfer fees, any future sale of clubs and any future new clubs. FFA and state member federation VIPs will still be able to roam around the VIP enclaves at important A-League matches as they are guaranteed benefits to all games.
Those who drafted the APLCO agreement were also clearly optimistic. The timeline shows that agreement would be reached by 31 March, with the FFA Board to consider and, hoepfully, endorse the recommendations this month.
Instead, we have Grigg's new timeline of 30 June which will take the issue down to the wire.
If agreement is not in place by the end of the financial year, it leaves little time for new structural arrangements and commercial agreements to be in place in time for the 2019-20 A-League season which is likely to kick-off around 11 October.
And that means we'll be left with another potential moribund A-League season which continues to bleed viewers and attendees, a point that FOX Sports makes in its submission to the NLWG that Griggs refers to as “sober reading”.