Aaron Davey reconsidering his position at Melbourne

[rpfc 28,383]

Apologies you don't like my opinion but no need to make personal attacks...

We are leaving a window open to be exploited here. If you can't see it or think that its ok then that's your decision. I think otherwise.

Contracts must be honored in my books. Not 'reconsidered' once the good part is over.

Seriously what hope do we have if we can't even get players to honor their contracts.

Honouring contracts?! Is that what you think your argument is saying?

If you were keen to honour contracts you would keep Davey on the list no matter what his foot looks like and pay him his due.

What we are saying is that IF his foot doesn't allow him to play footy anymore than an agreement to 'pay him out' and move him into another position at the club will allow us to use his spot on the list.

It has nothing to do with giving him 'an out.'

[olisik 4,060]

your only excuse for such a ridiculous comment is that youre 12yo

if not you dont have much of a clue im affraid.

So you think its ok for players to sign contracts when we throw big coin at them and then when the going gets tough to let them opt out and reconsider?

[rpfc 28,383]

So you think its ok for players to sign contracts when we throw big coin at them and then when the going gets tough to let them opt out and reconsider?

If they break their foot to the point they must retire - YES!!!

[Sir Why You Little 37,031]

Would not an insurance clause be in all these contracts?

If the body is unable to compete there surely is a plan B.

[olisik 4,060]

Would not an insurance clause be in all these contracts?

If the body is unable to compete there surely is a plan B.

Whats wrong with his foot? is something confirmed?

Why would he be 'reconsidering' if his foot is shot. Either its 'My foot is shot, i cant play' or 'My foot is fine, i can'

[rpfc 28,383]

Would not an insurance clause be in all these contracts?

If the body is unable to compete there surely is a plan B.

What do you think about a Plan B if you are injured at work?

[beelzebub 23,347]

So you think its ok for players to sign contracts when we throw big coin at them and then when the going gets tough to let them opt out and reconsider?

Again, you seem to have little understandiing of how all this operates.

We are dealing in the world of sports. We are dealing at the upper end of things here.

No one will have come into this agreement with the intention of one party duping the other. Without dount Davey got a very , very good deal upon last negotiating. More luck him I suppose. However, all such contractrs invariably revolve around conditions being met by both or either party. No one is going to handing over enormous sums without some safeguards nor any sportsperson going to accept them without their own.

A contract can ONLY be a contract when its fair to both parties. Immediately its not by definition its void. The criteria for this will have been built into the agreement between Davey and the Club ( as it is in all such dealings )

Davey's remuneration will have been built upon a formula that took into consideration base payments, match payments and a performance kicker of some description ( these latter two are what often varies a lot ) It is beholdent upon Davey to have himself in such a condition to meet and honour al lthat which hes agrees to as it is for hte club to provide what ever support and opportunities were agreed upon.

If Aaron cant play to the level hes being paid for then he will have the opportunity to agree to terms suitable for both parties.

Please note there is nothing particualry new about any of this anf such contracts and terminations happen across many a vocation.

Osilik the manner in which you present your view is both ignorant of this and as RPFC suggests naive of intent.

[rpfc 28,383]

Whats wrong with his foot? is something confirmed?

Why would he be 'reconsidering' if his foot is shot. Either its 'My foot is shot, i cant play' or 'My foot is fine, i can'

He is reconsidering playing in 2013 as his foot his badly damaged.

[Sir Why You Little 37,031]

What do you think about a Plan B if you are injured at work?

It happens. It is called a life insurance policy.

[rpfc 28,383]

It happens. It is called a life insurance policy.

No, it's called WorkSafe Employers Insurance.

Your WorkSafe insurance premium provides insurance cover for the costs of benefits

if your workers are injured or become ill because of their work. It is compulsory for

most Victorian employers to take out a WorkSafe insurance policy.

If a worker is injured because of their work, benefits they may be entitled to include:

weekly benefit payments, medical treatment and rehabilitation costs, legal costs, or, in

the event of a serious injury, lump sum compensation. The cost of providing these

benefits to a seriously injured worker can run into hundreds of thousands of dollars.

If you fail to obtain a WorkSafe insurance policy as required, and one of your workers

suffers a work-related injury or illness the benefits payable to them are guaranteed by

WorkSafe. However the cost of benefits provided to your worker may be recovered

from you, in addition to severe penalties for failing to hold a policy.

Further details on whether or not you need to hold a policy are available

at worksafe.vic.gov.au

Get out of the 19th century people.

[daisycutter 29,613]

I would imagine that premiums for such insurance in this type of occupation would be prohibitive

There might be some form of self insurance pooled between clubs by the afl but it would be limited

[Sir Why You Little 37,031]

No, it's called WorkSafe Employers Insurance.

Get out of the 19th century people.

Plan B. that is it. Life insurance, worksafe. It is the safety net.

No need to be rude.

[rpfc 28,383]

I would imagine that premiums for such insurance in this type of occupation would be prohibitive

There might be some form of self insurance pooled between clubs by the afl but it would be limited

We ent over the TPP a few years ago - 2007 from memory - because of injury payments.

[daisycutter 29,613]

We ent over the TPP a few years ago - 2007 from memory - because of injury payments.

but i thought we were talking about income protection insurance here, not injury treatment payments/insurance

i.e. it was stated that insurance could pay out someone's contract obligations. This is what i was saying would be prohibitive premiums

if we are talking of something else then i withdraw

[rpfc 28,383]

This is from the old CBA - I haven't seen the new one. I don't know if it has been released yet.

9. Hospital and Medical Benefits Insurance

9.1 The AFL acknowledges that the AFLPA has introduced a member benefit program

which will provide top medical private health insurance for all Players on a List.

The AFL and AFL Clubs agree to cooperate with the AFLPA and individual Players

in relation to the implementation and on going operation of the AFLPA private

health insurance program, including the claims management process.

9.2 Any player, not being a Player under a playing contract with an AFL Club, who

participates in any practice Matches or training arranged by or on behalf of any AFL

Club shall be covered, at no cost to such player, for top medical and hospital

insurance and disability insurance and loss of wages to the same level as Players are

covered in accordance with the terms of this Agreement and/or the AFLPA private

health insurance program referred to in paragraph 9.1 above. The cost of such

insurance shall be met by the AFL Club. The relevant AFL Club shall advise each

such player in writing of the following:

(a) the name of the insurer/s;

(B) the level of cover;

© the expiry date of the policy;

(d) the name of the contact person at the Club to deal with matters relating to the

above insurance.

10. Insurance for Loss of Non-Football Earnings

Any Player in full-time or permanent part-time employment (excluding employment as an

AFL footballer and engagement of the Player under Additional Services Agreements) shall

be provided, at no cost to the Player, with insurance cover arranged by the AFL. Such

insurance shall be for no less than the weekly amounts set out below payable for a

minimum period of 2 weeks to a maximum of a year for loss of non-football earnings

arising from injuries suffered in the course of his employment as an AFL footballer

including injuries suffered travelling to and from training, Matches and/or other activities

authorised by the AFL Club. A Player shall not receive more than the average weekly

amount he earned over the previous 12 month period or such lesser representative period as

agreed between the AFL and the AFLPA.

Year Maximum Weekly

Amount Payable

2007 $ 1300

2008 $ 1400

2009 $ 1500

2010 $ 1600

2011 $ 1700

11. Injury Payments

11.1 (a) Where a Player:

(i) suffers a Final Year Injury; and

(ii) makes an application to the AFL for compensation in accordance

with this sub-paragraph,

the AFL Club shall pay that Player 50% of the Player’s contract base

payment as at the last year of the Contract.

(B) In this Agreement:

“Final Year Injury”:

(i) means injury which:

(A) occurs in the last year of a Player’s contract with an AFL Club;

(B) occurs in the course of the Player’s employment as an AFL

footballer, including travelling to and from training, Matches or

other activities authorised by the AFL Club; and

© in the opinion of an independent medical practitioner, will

prevent or be likely to prevent the Player from ever playing

football at senior level in any competition;

(ii) does not include an injury which:

(A) is caused or contributed to by the Player’s own negligence; or

(B) in the opinion of an independent medical practitioner, is part

of and principally caused by a Pre-existing Condition or

Injury or a de-generation of a Pre-existing Condition or

Injury.

"Pre-existing Condition or Injury" means a condition or injury that has

existed for more than 24 months.

© An application under sub-paragraph 11.1(a) must be made within 24 months

of the Player’s exit medical examination organised by the AFL Club under

this Agreement.

(d) For the purposes of this paragraph 11.1, the independent medical practitioner

will be:

(i) appointed by the AFL Medical Officer, following consultation with

the Player, the AFLPA Medical Officer and the Player’s Medical

Club Officer; and

(ii) independent of the AFL, the Player and the Player’s Club.

(e) The Player must inform the independent medical practitioner of all treating

medical practitioners and must provide the independent medical practitioner

with or consent to the independent medical practitioner being provided with

all medical information relating to the Player, and the Player’s Club must

provide to the independent medical practitioner all relevant medical

information that it holds in relation to the Player.

(f) A Player may appeal a decision of an independent medical practitioner

decision on clinical or medical grounds, such appeal to be heard by a second

independent medical practitioner appointed by the AFL medical officer,

following consultation with the Player, the AFLPA medical officer and the

Club medical officer.

(g) A Player agrees that any amount he receives under this paragraph 11.1 shall

be set off against any amount of compensation ordered to be paid by or

agreed to be paid by the Club to the Player with respect to the injury except

for payments or benefits the Player is entitled to under the provisions of this

Agreement.

11.2 Where a Player is injured in the last year of the Player’s contract with an AFL Club

and the last match the Player played was in a State Body competition and that

Player is delisted at the conclusion of his contract and the injury will, in the opinion

of the AFL Medical Officer, after consultation with the AFL Club Medical Officer,

prevent or be likely to prevent a Player, having regard to his health and safety, from

participation in senior football in any competition for any period of not more than

two years, the Player shall be entitled to a payment for each Match missed up to a

maximum of 30 matches as follows:

2007 $535

2008 $575

2009 $595

2010 $615

2011 $635

11.3 A Player, to whom paragraphs 11.1 or 11.2 apply, shall be covered for top Hospital

and Medical (including Extra Care Benefits) Insurance for the period the injury

continues up to a maximum period of 2 years. It is acknowledged that the AFLPA

health insurance program will cover the first year of such insurance and that the cost

of providing such insurance (if required) for a second year shall be included in the

payment referred to in paragraphs 11.1 or 11.2, as applicable, however the Fringe

Benefit Tax amount shall be borne by the AFL Club.

11.4 Except where paragraph 11.1 applies, an AFL Player who suffers an injury as a

result of which he is unfit to play football in the AFL Competition, which injury is

caused:

(a) by playing football in a Match; or

(B) at an official training session; or

© by attending an official AFL Club function; or

(d) whilst on official club duties at the direction of the AFL Club,

shall, provided the Player has not caused such injury by his own negligence, be

compensated as follows:

(i) 100% of Senior Match payments at the rate for the relevant competition

[AFL or State Body if the Player is entitled to State Body payments] in

which the injury was suffered or at the rate for the relevant competition for

the Match last played prior to the injury, for all Matches missed up to a

maximum of 30 Matches provided that:

(A) an Exhibition Match shall be treated as a Senior Match for the

purposes of this paragraph;

(B) if a Player plays the last match of the AFL Season for his club in the

AFL Competition and is required by his Club to continue playing in

the State Body Competition, the Player shall be treated as having

been injured in a Senior Match in the AFL Competition;

© if a Player is required to play in the State Body Competition on a

weekend when the player’s AFL Club is not playing a Match in the

AFL Competition and the Player’s previous Match was a Senior

Match in the AFL Competition, the Player shall be treated as having

been injured in a Senior Match in the AFL Competition;

(ii) the obligation of the AFL Club under this sub-clause shall be subject to and

conditional upon the Player using his best endeavours to rehabilitate himself

and return to playing fitness as soon as possible. The obligation of the Player

shall without limitation, include observing all reasonable directions of the

AFL Club in relation to his rehabilitation including diet, exercise, special

training and attendance for medical or pharmaceutical treatment;

(iii) any dispute as to whether an injury was suffered by a Player or is subject to

the provisions of this sub-paragraph or whether a Player has used his best

endeavours to rehabilitate himself shall be referred to the Grievance Tribunal

who may where appropriate appoint an independent medical practitioner to

provide an opinion;

(iv) a Player injured in one season and who is subsequently delisted or whose

contract is otherwise terminated shall be entitled to the benefits under this

sub-paragraph up to the maximum of 30 Matches as if he were not delisted

or the contract otherwise terminated provided that the Player:

- was entitled to the benefit of this provision during the period of his

contract;

- has, insofar as reasonably practicable, brought the existence of the

injury to the attention of the AFL Club prior to the Player being

delisted or his contract being otherwise terminated; and

- maintains regular consultation with the AFL Club which previously

employed him and does not do anything within the period to which

he is entitled to the benefits under this sub-paragraph, to prejudice

any Hospital or Medical Benefits payments or entitlement to such

payments;

(v) a Player who suffers an injury and who is entitled to the benefits set out in

this paragraph shall, in addition to the payments under this sub- paragraph,

be paid any difference between the amount recoverable under any claim

from the relevant Hospital and Medical Benefits Fund and the amount

actually payable for the cost of treatment provided that such treatment (was

approved by a medical practitioner or other relevantly qualified professional

such as a physiotherapist and such treatment was directly referable to the

injury;

(vi) if, after exhausting entitlements payable under paragraph 11.4(a), a Player

remains permanently disabled as defined in the AFL Insurance Policy, the

Player shall be entitled to claim up to $250,000 in accordance with the

AFL’s insurance policy obtained for that purpose (the terms of which policy

shall be no less favourable than the terms of the AFL Insurance Policy in

existence as at 1 November 2003 and shall be notified by each Club to its

Players each year).

(vii) for the purposes of clarity, the rate for a Match played in the Pre-Season

Competition is the same rate as is applicable to a Match played in the AFL

Premiership Season;

(viii) the AFL shall ensure that Players who suffer injuries in representative

matches organised by or conducted under the auspices of AFL, shall be

entitled to injury payments from AFL as if such Player was injured as a

Player for his AFL Club in a Senior Match;

(ix) for the purposes of paragraph 11.4(i), where a Player is injured whilst

playing a Match in a State Body competition within two weeks of returning

from an injury suffered in a Match in the AFL Competition, the rate of

payment under paragraph 11.4(i) shall be calculated on the applicable Senior

Match payment the Player would have been entitled to receive if the injury

had been suffered in a Match in the AFL Competition; and

(x) notwithstanding anything in the foregoing provisions of this paragraph 11,

where a Rookie (other than a Nominated Rookie) is injured in a Match

played in the Pre-Season Competition (including a match in the Regional

Challenge Series) the rate per Senior Match missed through the injury up to

a maximum of 30 matches as follows:

2007 $520

2008 $555

2009 $575

2010 $595

2011 $615

For the purposes of this paragraph a Rookie shall be deemed to be eligible

for selection to play in a Senior Match.

11.5 The parties have established two working parties which will deal with the particular

provisions of this paragraph 11 (namely Player Accident Insurance and Player

Injury Payments). The relevant working parties and terms of reference are referred

to in clause 36 of this Agreement.

[rpfc 28,383]

but i thought we were talking about income protection insurance here, not injury treatment payments/insurance

i.e. it was stated that insurance could pay out someone's contract obligations. This is what i was saying would be prohibitive premiums

if we are talking of something else then i withdraw

From the CBA - the PFA have organised insurance paid by the clubs (AFL), and the clubs have an obligation to honour contracts cut by injury - but not only honour them, but compensate to the severity and immediacy of the injury.

[daisycutter 29,613]

so for "injury payments" (i.e. lost match payments) the club is responsible

insurance for this is not mandatory as the club can pay it out of TPP (and it is not necessarily 100% of contracted payment)

do you read this too?

[rpfc 28,383]

so for "injury payments" (i.e. lost match payments) the club is responsible

insurance for this is not mandatory as the club can pay it out of TPP (and it is not necessarily 100% of contracted payment)

do you read this too?

Similar, but I read that it could be above 100% of contracted payment.

[olisik 4,060]

Lets take a step back here everyone.

Has any MFC's doctors ruled his injuries to serious for him to continue playing yet? Or is this just Davey's own personal speculation?

[Dee_Flower 53]

Father of 5??? Lets not let him go anywere. We could have 5 daveys running around in a generation

He has 5 sons?

[poita 3,902]

The first two are girls, then a boy, not sure about the last two.

[Its Time for Another 4,208]

The first two are girls, then a boy, not sure about the last two.

Some unkind people might suggest the girls would be welcome and couldn't do any worse than a few people on the list at the moment

[felixdacat 459]

I may have missed something as I can not be bothered scrolling through the replies but other then 7 news is their a second source to this story? Or is it still a rumour?

Edited September 11, 2012 by Felix da Dee

[Rhino Richards 1,467]

It happens. It is called a life insurance policy.

No, it's called WorkSafe Employers Insurance.

Get out of the 19th century people.

Indeed

[Mydee 288]

hmm.. a little bit of logic there sire

A bit like the Cockatoo Collins boys