COLLECTIVE AGREEMENT AFL NSW/ACT COMMISSION ABN 53 086 839 385 NEW SOUTH WALES AUSTRALIAN FOOTBALL UMPIRES ASSOCIATION INC. ABN 75 961 229 225
CONTENTS PARTIES 4 BACKGROUND 4 OPERATIVE PROVISIONS 4 1 DEFINITIONS AND INTERPRETATION 4 2 PERIOD OF OPERATION OF AGREEMENT 7 3 RECOGNITION 7 4 ACCESS 8 5 SELECTION AND APPOINTMENT 8 6 ACCREDITATION 9 7 WHEN UMPIRE NOT REQUIRED TO PERFORM DUTIES 9 8 GENERAL OBLIGATIONS OF UMPIRES 9 9 CONFLICTS OF INTEREST 11 10 REMUNERATION 12 11 PERFORMANCE MANAGEMENT 15 12 ENTITLEMENTS 15 13 PROTECTION OF EMPLOYEES AT MATCHES 16 14 MEMBERSHIP, FACILITIES & TREATMENT 16 15 UNIFORMS AND TRAINING GEAR 17 16 OCCUPATIONAL, HEALTH & SAFETY 17 17 POLICIES & PROCEDURES 17 18 SECULAR EMPLOYMENT 17 19 INSURANCE 17 20 USE OF IMAGE 18 21 GRIEVANCE PROCEDURE 18 22 FUTURE CHANGE 19 23 NO EXTRA CLAIMS 19 24 ENFORCEMENT 19
25 ASSIGNMENT 19 26 DISPUTE RESOLUTION 20 27 NOTICES 20 28 ADMINISTRATIVE PROVISIONS 21
COLLECTIVE AGREEMENT DATE: PARTIES 1. AFL NSW/ACT Commission (AFL NSW/ACT) ACN of 53 086 839 385 2. NEW SOUTH WALES AUSTRALIAN FOOTBALL UMPIRES ASSOCIATION INC. (NSWAFUA) BACKGROUND A. AFL NSW/ACT is the controlling body of the AFL Sydney Australian Football League (AFL Sydney). B. NSWAFUA is the representative body of umpires who are employed by the AFL NSW/ACT to officiate in the AFL Sydney competitions (the Umpires). C. AFL NSW/ACT and NSWAFUA desire to enter into an agreement in relation to the matters contained in this Agreement. D. The parties acknowledge that AFL NSW/ACT have the primary responsibility for recruitment and retention of umpires and the NSWAFUA will assist in any reasonable manner. The Parties NOW AGREE AS FOLLOWS: OPERATIVE PROVISIONS 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Agreement, unless the context otherwise requires: Accreditation means achieving a level of accreditation through the National Umpire Accreditation Scheme (NUAS) within an umpiring category; Association means the NSW South Wales Australian Football Umpires Association (ABN 75 961 229 225); Boundary Umpire the person(s) employed to perform the role of boundary umpire under the Laws of Australian Football; Category / Discipline means Field Umpire, Boundary Umpire or Goal Umpire; Collective Bargaining Agreement means this Agreement.;
Day (Business day) means a day when the banks are generally open for business in the City of Sydney; Early Final means any Match played as part of the Finals Series other than a Preliminary Final or the Grand Final, and includes any replay of the Match; Emergency Umpire means and Umpire whose appointment by AFL NSW/ACT to officiate in a Match requires that umpire to: (a) Replace another person appointed to officiate in the Match in any Category in the event that that person is unable to complete officiating in the Match; and (b) Perform such other duties as may be reasonably prescribed from time to time by AFL NSW/ACT; Field Umpire the person(s) employed to perform the role of field umpire under the Laws of Australian Football; Finals Series means the series of Matches played after the conclusion of the Home and Away Series in each season to determine the premier club in each season; Goal Umpire the person(s) employed to perform the role of goal umpire under the Laws of Australian Football; Grand Final means the last match played in each Finals Series to determine the premier club in each Season, and includes any replay of that Match; Grievance Tribunal means the tribunal established pursuant to this Agreement; Home and Away Series means the series of Matches played prior to the Finals Series for which premiership points are awarded by AFL NSW/ACT to determine the clubs which will participate in the Finals Series; Laws of Australian Football means the laws of the game of Australian Football published by the AFL (as amended); Match means any Australian football match that forms part of any season; Match Payment means the payment payable to an umpire under 10.2 in consideration of the Umpire being appointed to officiate in a Match; Minor Final means any final other than the Grand Final, and includes any replay of that match; Month means a calendar month; Practice Match means four (4) quarters of up to 20 minutes duration; The employer acknowledges that it is unsafe for umpires to officiate in matches for longer than a standard game. Combining grades, rotating or changing teams does not change the definition of a game being of four (4) quarters.
Preliminary Final means any Match played as part of the Finals Series following the conclusion of the Early Finals and prior to the Grand Final, and includes any replay of that Match; Pre-season Competition means the series of Matches conducted prior to the Home and Away Series or any like successor competition; Pre-season Competition Grand Final means the Match played to determine the winning club of the Pre-season Competition; Pre-season Competition Match means any Match played as part of the Preseason Competition other than the Pre-season Competition Grand Final; Relevant Bet, Wager or Gamble means any bet, wager or gamble where any persons stands to win or gain from the win, loss or draw of any team fielded in any Match conducted under the auspices of AFL NSW/ACT or the outcome of the Best & Fairest Medal conducted under the auspices of the Employer; Representative Match means any Match played between sides representing Leagues or Associations; Rules means the Player Rules and Regulations or Bylaws of AFL NSW/ACT as amended from time to time; Season means the period commencing from the first official Match in each year and concluding on the date of the last official Match in each year; Secular Employment means any employment, business or other undertaking of an Umpire other than employment by AFL NSW/ACT as an umpire; Term means the period set out in clause 2.1.; This Agreement means this Agreement as modified, amended or varied in writing from time to time; Training Session means any reasonable time between Monday to Friday and not including Public Holidays at any reasonable venue chosen by the Employer where an Umpire is required to attend for the purpose of practicing, training or preparing to umpire Australian Football. Year means a calendar year;
1.2 Interpretation Unless the context otherwise requires, the following rules apply to the interpretation of this Agreement: (a) (b) (c) (d) (e) (f) (g) (h) (i) Reference to a person includes any other entity recognised by law and vice versa; Words defined in the recitals and elsewhere in this Agreement have the meanings ascribed to them; Words importing the singular number include the plural and vice versa; Words importing one gender include the other gender; Reference to an Item is a reference to an Item in Schedule 1 to this Agreement; References to $ are references to the currency of Australia; Clause headings are for reference purposes only and do not affect the interpretation of this Agreement; References to any Act of Parliament will include any amendment to that Act or any successor legislation; and The word including and similar words are not words of limitation. 2 PERIOD OF OPERATION OF AGREEMENT 2.1 Term This Agreement will come into force, by agreement, on 8 June 2012 and will terminate on 30 September 2013. 2.2 Operation of Agreement After 30 September 2013 2.2.1 At least 6 Months before 30 September 2013, the parties will commence negotiations for the purpose of entering into a new written agreement to replace this Agreement after 30 September 2013. 2.2.2 If the parties do not enter into a new written agreement to replace this Agreement after 30 September 2013, this Agreement will continue in full force and effect until such time as the parties have entered into a new written agreement to replace this Agreement. 3 RECOGNITION AFL NSW/ACT will recognise NSWAFUA as the non-exclusive bargaining agent of all Umpires.
4 ACCESS 4.1 Use of Web-site AFL NSW/ACT will use its best endeavours to assist NSWAFUA with website provision within the structure of the official AFL NSW/ACT Website for the purpose of hosting the NSWAFUA website 4.2 Service Support The AFL will use its best endeavours to provide the following support services on an annual basis: - (a) (b) (c) (d) 6 Tickets to each Sydney Swans/AFL game played in Sydney during the Home and Away season. 1 page advertisement in the AFL NSW/ACT Football Record. Signage and banners for the recruitment of umpires displayed at all games or at a minimum the Televised game of the round. Allow the NSWAFUA to place sponsors banners/signage at all games or at a minimum the Televised game of the round. Sponsor signage is subject to approval from AFL (NSW/ACT), which will not be unreasonably refused. 5 SELECTION AND APPOINTMENT 5.1 AFL NSW/ACT will be solely responsible for the appointment, and selection of an Umpire. 5.2 AFL NSW/ACT will provide an Umpire with at least three (3) days notice of an appointment to a match. The notification is to include the date, time and location of the match. 5.3 AFL NSW/ACT will ensure that all appointments of Umpires for Finals Series Matches are made on merit and performance. 5.4 Any departure from then number of umpires appointed from the numbers shown in the table below is to be negotiated with the Association on each occasion. 5.5 Umpires will be appointed as follows: Field Boundary Goal Premier Division 3* 2 2 Division One 2 2 2 Division Two 2 2 2 Division Three 2** 2 2 Division Four 2** 2 2 U18 Premier Cup 2 2 2 U18 Challenge Cup 2** 2 2 *At the commencement of each season the AFL Sydney Umpires Coach will select a list of a maximum of 20 Field Umpires who are eligible to umpire in Premier Division matches. This panel can be altered throughout the season by the AFL Sydney Umpires Coach.
6. ACCREDITATION ** Every endeavour will be made to fill all appointments however where this is not possible one umpire will be appointed and they will be required to umpire with a club umpire from each club participating in the match. An umpire must be either accredited to NUAS Level 1 or above (or currently attaining that level) to be considered an Accredited Umpire. AFL NSW/ACT will provide a list of Accredited Umpires to the NSWAFUA at the beginning and end of each season. AFL NSW/ACT agrees to pay all accreditation fees for all umpires involved in accreditation. 7. WHEN UMPIRE NOT REQUIRED TO PERFORM DUTIES An Umpire will not be required to officiate in any Match or otherwise attend for work for a period of 4 weeks commencing from the date of the conclusion of each Season and additionally during a further 2 week period at a time to be agreed between AFL NSW/ACT and the Umpire provided that if no agreement is reached the two (2) weeks will be the last two (2) weeks of December. 8. GENERAL OBLIGATIONS OF UMPIRES An Umpire must: 8.1 Obey Directions observe all reasonable directions of AFL NSW/ACT and the umpiring selection committee of AFL NSW/ACT ; 8.2 Obey Rules obey and observe the Rules, the Umpires Code of Conduct, the Memorandum and Articles of Association of AFL NSW/ACT and any determinations or resolutions of AFL NSW/ACT Commission including determinations and resolutions made or passed prior to or any time after the commencement of this Agreement; 8.3 Appointments on receiving notification of an appointment must, as soon as practicably possible, confirm the receipt and acceptance of the appointment with AFL NSW/ACT; 8.4 Officiate officiate at any Match to which he or she may be appointed by AFL NSW/ACT (in any umpiring capacity to be determined by AFL NSW/ACT from time to time) to the best of his or her ability, fairly and without favouritism to any team competing in that match;
8.5 Training attend training and instruction sessions as directed by AFL NSW/ACT. Additional or extended training sessions must be approved by NSWAFUA. This approval will not be unreasonably withheld. 8.6 Physical Condition and Fitness do everything reasonably necessary to obtain and maintain the best possible physical condition so as to render the most efficient service to AFL NSW/ACT; 8.7 Uniforms and Apparel without prejudice to the Rules, wear only such items of apparel in Matches to which an Umpire is appointed to officiate or otherwise as may be prescribed and supplied from time to time by AFL NSW/ACT; 8.8 Knowledge of Laws of Australian Football maintain a working knowledge of, the Laws of Australian Football and AFL Sydney Rules and comply strictly with the Rules relating to the reporting of players (including the Laws of Australian Football) and any other determinations or directions in relation to the Rules as may be advised to the Umpire from time to time by AFL NSW/ACT; 8.9 No Discussion not discuss any aspect of any report made in accordance with the Rules or otherwise with any person without the prior consent of the AFL NSW/ACT; 8.10 Reporting - Attend Tribunal if required, attend any hearing of any report as a witness and truthfully and faithfully give any evidence or testimony which may be required; 8.11 Notification of Illness as soon as practical, advise the AFL NSW/ACT should the Umpire become unable to officiate at any Match due to illness or injury. If required by the AFL NSW/ACT, the Umpire must produce proof to the AFL NSW/ACT of such illness or injury and submit himself or herself to such examination as the AFL NSW/ACT may reasonably determine. 8.12 Reputation maintain a high reputation and not do any act or thing calculated to or which might otherwise have the effect or prejudicing the reputation of the AFL NSW/ACT, the Association or the game of Australian football;
8.13 Use of Image not permit or allow the name, photograph, likeness, reputation and identity of the Umpire to be used in any way or in connection with or in relation to any goods or services without first obtaining the consent of the AFL NSW/ACT, which consent will not be unreasonably withheld; 8.14 Interviews not give or allow any person any recorded or other interview for broadcast or write any article relating to Australian football for publication in any newspaper, journal or magazine without first obtaining the consent of the AFL NSW/ACT, which consent will not be unreasonably withheld; 9 CONFLICTS OF INTEREST An Umpire: 9.1 must not enter into any contract, agreement, understanding or option which would prevent the Umpire from complying with any of the provisions of this Agreement or which gives any third party the right to prevent the Umpire from complying. 9.2 must not participate or engage in any Relevant Bet, Wager or Gamble nor have anyone else participate or engage in gambling on his or her behalf. An umpire will not be prevented from engaging in non-financial Footy Tipping or Fantasy Leagues based on AFL Premiership Matches by this clause; 9.3 must not accept or agree to accept any bribe, pecuniary or other gift or other consideration or benefit whether in cash or kind associated with the Best & Fairest Medal or any Match; 9.4 must officiate a Match to the best of his or her ability, fairly and without favouritism to any team competing in a Match; 9.5 must not contrive or attempt to contrive the result of a Match in exchange for any benefit or reward; 9.6 subject to item 9.8, must not disclose to any person the Best & Fairest Medal votes awarded to Players in a Match or collude or act in concert with other Umpires to ascertain the outcome of the best & Fairest Medal; 9.7 must disclose to the General Manager of the AFL NSW/ACT or his nominee the full details of any approach or invitation he or she has received to engage in any of the conduct described in sub-paragraphs 13.1(a) to (e). 9.8 The Field Umpires officiating in a Match may consult with each other during and immediately after a Match to decide the Best & Fairest Medal votes to be awarded to the players competing in the Match.
10 REMUNERATION 10.1 Payment of Wages and Entitlements AFL NSW/ACT will pay Base Rate match payments, Travel reimbursement payments and any other entitlements of umpires monthly in arrears by the 12 th day of the following month directly into a nominated bank account and by no later than two weeks after the grand finals are completed. Bonus Incentive payments are to be paid at the conclusion of the season to all umpires who have met the criteria set out in the Bonus Incentive clause. Payments are to be made no later than two weeks after the Grand Finals are completed. 10.2 Base Rate match payments AFL NSW/ACT will pay to Appointed Umpires the Base Rate Match Payments and Bonuses set out in the following tables: Field base rate $ Boundary base rate $ Goal base rate $ 2012 2013 2012 2013 2012 2013 Premier Division 149 149 101 101 80 80 Division One 98 98 67 67 53 53 Division Two 98 98 67 67 53 53 Division Three 77 77 53 53 42 42 Division Four 77 77 53 53 42 42 U18 Premier Cup 98 98 67 67 53 53 U18 Challenge Cup 77 77 53 53 42 42 10.3 Bonus Incentive Payments 10.3.1 To qualify for a Bonus Incentive payment an umpire must: be either Accredited to at least NUAS Level 1, or currently attaining that accreditation as determined by the coach of that category, in their chosen category; and make themselves available for selection for 80% of weekends of the season, or provide valid justification for non-availability, as determined by the coach of that category, from time to time. Valid justification may include, but not limited to sickness, work commitments (from time to time), family emergencies and injury (so long as the umpire is using their best efforts to rehabilitate from the injury); and attend and participate in 75% of official training sessions*, including formal pre-season training sessions, or provide valid justification for non-attendance, as determined by the coach of that category, from time to time. Valid justification may include, but not limited to sickness, work commitments (from time to time), family emergencies and injury (so long as the umpire is using their best efforts to rehabilitate from the injury).
* Official training sessions, inclusive of official pre-season, including: Field & Boundary Umpires Tuesday & Thursday nights Goal Umpires Thursday night 10.3.2 Umpires who meet the necessary above criteria (clause 10.3.1) will be paid a Bonus Incentive Payment equivalent to 15% premium payment in 2010 and a 20% premium payment in 2011 on Base Rate match payments for appointments filled by the Umpire throughout the season/s covered by this agreement. Match payments for Umpires who meet the qualifying criteria equate to those set out in the following table: Field base rate $ Boundary base rate $ Goal base rate $ 2012 2013 2012 2013 2012 2013 Premier Division 179 179 122 122 97 97 Division One 118 118 80 80 64 64 Division Two 118 118 80 80 64 64 Division Three 93 93 63 63 50 50 Division Four 93 93 63 63 50 50 U18 Premier Cup 118 118 80 80 64 64 U18 Challenge Cup 93 93 63 63 50 50 10.4 Finals Series Where matches form part of the Finals Series the match fees due to umpires will be increased in accordance with the following table. Early Finals Preliminary Final Grand Final 150% of base fee 175% of base fee 250% of base fee 10.5 Emergency Umpires 10.5.1 Where an individual attends a match as an emergency umpire they will be paid match fees calculated in accordance with the following table. Home and Away Games Minor Finals Grand Final 25% of base fee 33% of base fee 40% of base fee 10.5.2 Where an emergency Umpire is required to fill the role of another umpire, they will be paid the Match Payment applicable to the role that they were required to assume, based on a pro-rata basis. 10.6 Practice Matches AFL NSW/ACT acknowledges the importance of providing Umpires of all categories with match practice before home and away season. Where a Premier Division team requests Umpire/s for a practice game a full panel of Field, Boundary and Goal Umpires, if applicable, will be appointed. For teams and clubs in the other Divisions who request umpires for a practice game, Umpires will be appointed by AFL NSW/ACT Umpiring department at their discretion.
10.6.1 Umpires appointed to practice matches (al all levels) will be paid the following match fees, based on a four quarter game: Field $35 Boundary $25 Goal $15 10.6.2 Clubs wanting to play extra quarters will require additional Umpires to be appointed and paid the appropriate fee rate as listed above. 10.6.3 All other conditions of this agreement apply to Practice matches as per Home and Away matches, including but not limited to Travel Allowances. 10.7 Pre-Season Competitions Pre-season competitions are not covered in this agreement. If a pre-season competition were commenced the match payments are to be negotiated with the Association in each instance. 10.8 Representative Matches For all AFL Sydney Senior and Under 18 representative matches AFL NSW/ACT will Appoint as a minimum, a representative Umpire from each umpiring category i.e. One Field, One Boundary and One Goal Umpire. For all other AFL Sydney representative matches, AFL NSW/ACT will appoint as a minimum, one Field Umpire. 10.8.1 There are no match payments for these matches however all other employment conditions remain as for any AFL NSW/ACT sanctioned appointment, for example but not limited to, Workers Compensation 10.8.2 Appointed umpires will be afforded the same benefits as afforded to AFL Sydney Representative players, for example but not limited to travel arrangements, accommodation, travelling attire and meals. 10.9 Forfeit of or Changes to a Match If a match is forfeited, or where the venue, starting time or other details of the match are changed for any reason, all appointed umpires for that match are to be notified as early as possible. Provided the appointed Umpire/s have been notified and have confirmed receipt of the notification: of a match being forfeited four (4) hours or more before the scheduled starting time of the match, no match fee/s will be payable to the appointed Umpire/s; of a match being forfeited between four (4) hours and two (2) hours before the scheduled starting time of the match, the appointed Umpire/s will be paid half the applicable match payment; of a match being forfeited less than two (2) hours before the scheduled starting time of the match, the appointed Umpire/s will be paid the full applicable match payment;
Should a match be cancelled for a reason beyond the control of a club no match fee/s will be payable to the appointed Umpire/s. Reasons may include, but not be limited too ground closures due to wet weather or light failure. 10.10 Non-Completion of a Match Where a match is commenced and subsequently cancelled or not completed for any reason, the appointed Umpire/s will be paid the full applicable match payment. 10.11 Travel AFL NSW/ACT will pay each Umpire a Travel Allowance of $25, if they are appointed to and Umpire a match that is more than 55km s from their normal place of residence (within the greater Sydney Boundaries). For the purpose of clarification, if an umpire lives outside the greater Sydney Boundaries the following applies: South from Heathcote North from Wahroonga South West Camden / Campbelltown West no border (within reason) North West no border (within reason) A list of grounds for which an Umpire is eligible to receive a Travel Allowance is to be provided to each umpire. 11 PERFORMANCE MANAGEMENT The AFL NSW/ACT will from time to time review the performance of an Umpire and in so far as is practicable and possible the AFL NSW/ACT will ensure such review: is conducted at least annually and prior to the 31 st October in each year; applies objective criteria which will be advised to the Accredited Umpire and NSWAFUA prior to each Season; and provides the opportunity for the Accredited Umpire to make submissions and to otherwise have input into the review of his or her performance. 12 ENTITLEMENTS 12.1 Admission to Matches AFL NSW/ACT will ensure that an Umpire is admitted free of charge to any AFL Sydney match.
12.2 Tribunal Allowance 12.2.1 Where an Umpire is required to attend: any hearing of the AFL NSW/ACT tribunal; or any hearing of the AFL NSW/ACT appeals board; or any mediation or conciliation conference in connection with the AFL NSW/ACT racial vilification code; they will be entitled to an allowance of $20 for such attendance. 12.2.2 Where an Umpire is required as a witness to attend: any hearing of the AFL NSW/ACT tribunal; or any hearing of the AFL NSW/ACT appeals board; or any mediation or conciliation conference in connection with the AFL NSW/ACT racial vilification code; by a club or other organisations, they will be paid an allowance of $60 for such attendance. 13 PROTECTION OF EMPLOYEES AT MATCHES 13.1 AFL NSW/ACT will use its best endeavours to ensure that adequate personnel are in attendance at all Matches so as to provide reasonable protection for an Umpire including without limitation escorting the Umpire to and from the field. 13.2 AFL NSW/ACT will request each other body controlling matches to which the Umpire may be appointed to provide similar arrangements for the protection of the Umpire. 14 MEMBERSHIP, FACILITIES AND TREATMENT 14.1 AFL NSW/ACT will pay a subsidy to the Association of $30.00 per umpire who is appointed to six (6) games or more during the home and away season The purpose of this subsidy is to cover the basic level of Membership to the Association. As a member an Umpire will: have access to the Members area of the Association website; receive electronically all Association communications including; - Member updates - White Line Fever the Association newsletter be entitled to purchase tickets to Association functions and events; have their record of service maintained be eligible for recognition awards be able to stand for office on the Association Committee Umpires who have officiated in 6 or more games may still be required to complete an NSWAFUA Membership Application Form in order to comply with the NSWAFUA Constitution and Department of Fair Trading regulations. 14.2 AFL NSW/ACT will make available for the benefit of an Umpire appropriate change room at matches.
14.3 AFL NSW/ACT will employ a trainer to attend regular organised training for the life of this agreement. The trainer will be present from no less than 30 minutes prior to the scheduled commencement of each session until no less than 30 minutes after the completion of each session. 15 UNIFORMS AND TRAINING GEAR 15.1 AFL (NSW/ACT) will make available uniforms for Accredited Umpires every year in accordance with the table below. Non Accredited Umpires entitlements will be at the discretion of the Umpiring Director. Field Umpires Boundary Umpires Goal Umpires 2 x Shirts 2 x Shirts 1 x Short Sleeve Shirt 2 x Shorts 2 x Shorts 1x Long Sleeve Shirt 2 x Socks 2 x Socks 1 x Hat 15.2 AFL (ACT/NSW) will provide an agreed Umpire polo shirt for all Umpires at the beginning of each Season, and endeavour to improve the provision of training uniforms throughout the life of this Agreement. 15.2.1 AFL NSW/ACT will include the logo of the association on the Umpire polo shirt at no cost to the Association. 16 OCCUPATIONAL HEALTH AND SAFETY 16.1 AFL NSW/ACT agrees to provide Umpires with a workplace environment that is free from any unreasonable risk to the health and safety of an Umpire. 16.2 AFL NSW/ACT will not require any umpire to officiate in more than one game each weekend if doing so, in the reasonable opinion of the umpire will risk injury to the umpire. 17 POLICIES AND PROCEDURES AFL NSW/ACT will provide Umpires and NSWAFUA with all current rules and guidelines relating to the performance of an Umpire on an annual (and where required), ongoing basis. 18. SECULAR EMPLOYMENT AFL NSW/ACT will not prevent an Umpire from engaging in any position of Secular Employment. 19. INSURANCE 19.1 AFL NSW/ACT has implemented a civil action-physical injury insurance cover for Umpires employed by AFL NSW/ACT in accordance with this Agreement together with a professional indemnity policy for Umpires employed by AFL NSW/ACT in accordance with this Agreement for a total cover of $20,000,000 per policy 19.2 AFL NSW/ACT will: maintain the policies at all times during the Term; and
provide all reasonable assistance to an Umpire in the event of any claim arising under the policies. 19.3 Upon giving reasonable notice to AFL NSW/ACT, copies of such policies of insurance may be inspected by an Umpire at the offices of AFL NSW/ACT during normal working hours. 19.4 AFL NSW/ACT will ensure that the association is included and noted as an affiliated organisation under the AFL National Risk Protection Programme which provides Public Liability, Professional Indemnity and Management Liability Insurance to the Association. 20. USE OF IMAGE 20.1 AFL NSW/ACT may use each Umpire s name, photograph, likeness, reputation and identity for promotional purposes in advertising the game of football and the business and undertaking of AFL NSW/ACT provided that AFL NSW/ACT has obtained the consent of the Umpire. 20.2 An Umpire will not unreasonably refuse his or her consent to any request made by AFL NSW/ACT under this clause (20) and AFL NSW/ACT will not be prevented from using or utilising the name, photograph, likeness, reputation and identity of the Umpire where consent has been unreasonably withheld. 20.3 the Umpire will be deemed to have consented where they have not refused their consent within seven days of a request being made by AFL NSW/ACT. 20.4 The rights granted by the Umpire to AFL NSW/ACT will include the right to use and utilise an Umpire s name, photograph, likeness, reputation and identity for commercial purposes including but not limited to licensing, endorsements, advertising, promotions, merchandising, memorabilia, events and marketing. 21. GRIEVANCE PROCEDURE Upon any dispute or matter involving an Umpire and AFL NSW/ACT arising out of or in respect to the employment of an Umpire or the provisions of this Agreement, the procedure set out below will apply: the Umpire or AFL NSW/ACT (as the case may be) will raise the dispute or matter with the General Manager, AFL NSW/ACT or his nominee including full details of the dispute or matter and true copies of any relevant documents; failing resolution after 7 days either the Umpire or AFL NSW/ACT may refer the dispute or matter to the Grievance Tribunal; the Grievance Tribunal will consist of three persons, one of which is to be a nominee of NSWAFUA ; the Grievance Tribunal must upon such a reference, notify NSWAFUA and AFL NSW/ACT who both will have the right to be heard in respect of the dispute or matter;
in respect of any dispute or matter referred to it the Grievance Tribunal may seek to conciliate the dispute or matter with the parties before determining the dispute or matter; and the Grievance Tribunal will have the power to determine its own procedure provided that it will comply with any procedures set out in this agreement. 22. FUTURE CHANGE If, during the Term, any term or condition of this Agreement is significantly affected, impaired or impeded in its operation by external changes (including, without limitation, changes to the operation, structure, rules or regulations of the AFL NSW/ACT), the parties agree to negotiate the relevantly affected term or condition in good faith with a view to continuing the effective operation of this Agreement. If such renegotiations fail to result in agreement, either party may seek to have the matter resolved by the Grievance Tribunal whose decision will be final and binding on the parties. 23 NO EXTRA CLAIMS 23.1 NSWAFUA Obligations In consideration of the promises, obligations and agreement of AFL NSW/ACT, the NSWAFUA in its own right and on behalf of each and every Umpire it represents: will not, subject to clause 23.2 seek during the Term, from an industrial tribunal the making of an award covering tafl NSW/ACT and NSWAFUA, relating to the terms and conditions of employment of Umpires; and will not, subject to clause 23.2, make, during the Term, any extra claims on AFL NSW/ACT in respect of the matters dealt with by this Agreement. 23.2 Breach by AFL The agreement of NSWAFUA under clause 23.1 will be of no effect if AFL NSW/ACT does not comply with clause 22 of this Agreement, subject to NSWAFUA first giving AFL NSW/ACT 28 days notice of any alleged failure to comply with any of those clauses and where the failure to comply continues after that period of 28 days. 24 ENFORCEMENT 24.1 Enforcement by NSWAFUA This Agreement will be legally enforceable by NSWAFUA as a party principal or where an Umpire authorises NSWAFUA to seek its enforcement on his or her behalf. 24.2 Damages The damages in respect of any breach which may be sued for by NSWAFUA as a party principal or on behalf of an Umpire will be deemed to be the damages actually suffered by the Umpire notwithstanding that NSWAFUA may have suffered no damage.
25 ASSIGNMENT AFL NSW/ACT agrees that this Agreement will be applied by AFL NSW/ACT to any successor competition to the AFL Sydney Competitions and any reference in this Agreement to the AFL Sydney Competitions will be a reference to that successor competition. 26 DISPUTE RESOLUTION 26.1 Grievance Procedure Upon any dispute or matter involving the parties arising out of or in respect of the provisions of this Agreement, either party may refer the dispute or matter to the Grievance Tribunal. 26.2 Constitution of Grievance Tribunal For the purposes of this Agreement, the Grievance Tribunal will consist of three persons, one of which is to be a nominee of NSWAFUA. 26.3 Conciliation In respect of any dispute or matter referred to it the Grievance Tribunal may seek to conciliate the dispute or matter with the parties prior to determining it. 26.4 Procedures of Grievance Tribunal At the hearing and determination of the dispute or matter the Grievance Tribunal will have the power to determine its own procedure provided that it will comply with any procedures set out in this Agreement. 27 NOTICES 27.1 Any notice or statement to be given or demand to be made upon a party under this Agreement: will be effectively signed on behalf of any other party if it is executed by that party or any of its officers, its solicitor or its attorney; may be served by being delivered personally or being left at or posted in a prepaid envelope or wrapper to the address of the party specified in this Agreement or the registered office, place of business or residence of the party last known to the serving party or by being sent to the party by facsimile transmission. 27.2 A demand or notice: if posted will be deemed served 2 Business Days after posting; if sent by facsimile transmission will be deemed served upon conclusion of transmission with receipt acknowledged.
28 ADMINISTRATIVE PROVISIONS 28.1 Further Assurances Each party will sign, execute and deliver all documents and will do all things reasonably necessary for the complete performance of its duties and obligations under this Agreement or otherwise to implement fully the provisions of this Agreement. 28.2 Time of the Essence Any date period or time for performance contained in this Agreement may be altered by agreement between the parties but in the absence of that agreement; time will be of the essence of this Agreement. 28.3 Entire Agreement All the agreements and understandings between the parties or any of them in relation to the subject matter of this Agreement are embodied in this Agreement, which, as from the date of execution, supersedes all prior agreements, understandings and representations. 28.4 Amendment No modification, amendment or other variation of this Agreement will be valid or binding on a party unless it is made in writing and signed by or on behalf of that party. 28.5 Variation A provision of or a right created under this Agreement may not be varied except in writing by the party or parties to be bound. 28.6 Waiver No waiver by any party or any default in the strict and literal performance of or compliance with any provision, condition or requirement of this Agreement will be deemed to be a waiver of the strict and literal performance of and compliance with any other provision, condition or requirement in the future, nor will any delay or omission of any party to exercise any right in any manner impair the exercise of such right accruing to it in the future. 28.7 Governing Law This Agreement is governed by and construed in accordance with the law of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of that place. 28.8 Severability If any term or condition of this Agreement or the application of this Agreement to any person or any circumstance is or becomes illegal, invalid or unenforceable in any jurisdiction, it will be severed and none of the remaining terms, conditions or applications in any other jurisdiction will be affected.
28.9 Costs Each party will bear its own costs and expenses (including legal costs) of and incidental to the negotiation, execution and implementation of this Agreement (or any waiver or amendment of it). 28.10 Inurement The provisions of this Agreement will, unless otherwise provided in it, inure for the benefit of and be binding on all the parties and their respective successors and permitted assigns. EXECUTION E X E C U T E D as an Agreement. SIGNED for and on behalf of AFL (NSW/ACT) COMMISSION ABN 53 086 839 385 by its authorised representative: ) )) ) SIGNED for and on behalf of NEW SOUTH WALES AUSTRALIAN FOOTBALL UMPIRES ASSOCIATION INC. ABN 75 961 229 225 by its authorised representative: ) ) ) )