I’m trying to find the answer to this question, and was hoping someone could help.
Using GWS as the example, with them clearing cap space by trading out players.
In the event the fax machine was to play up again tonight at 8:30, and they’re not able to trade Shiel/anyone else to create that cap space, which results in trades not going through, they would then be over their salary cap for 2019.
What exactly happens? Are they penalised by the AFL?
I know you can be a percentage over one year and then be under the following to balance it out (I think) but what if the cap is breached because of a non trade?
1. If you are still using a fax in 2018 you deserve to be punished.
2. You have to have an under spend first, and then can have an over spend it future years. Its not the other way round as you stated above. See Clause 13 of the 2017-22 CBA
13. Payment of Total Player Payment and Additional Services Agreements
(a) Each AFL Club must expend no less than 95% of the combined annual Total Player Payments and Additional Services Agreements limits in Football Payments to Players on its List in each relevant year.
......
(e) AFL Clubs may spend over 100% of the combined Total Player Payments and Additional Services Agreements limit (Combined Limit), if in any of the preceding three years the Club has spent below 100% of the Combined Limit.
(f) The permitted amount of overspend will be tied to the level of underspend in the relevant preceding period. For example, if a Club was $500,000 below the combined Total Player Payments and Additional Services Agreements limit in 2017, and paid 100% of the Combined Limit in 2018 and 2019, the Club would be entitled to spend $500,000 above the Combined Limit in 2020. If a $500,000 overspend was not made in 2020, the Club has lost the right to overspend in 2021.
(g) It is agreed that the overspend amount is to be capped at a maximum of 105% of the Combined Limit in any given year.
3. Unlike previous CBA's ( well my reading of CBA's since the 2003-2008 one) the 2017-22 CBA now allows players and the clubs to renegotiate contracts. The club and player could say renegotiate some of the salary to 2020 if you are going 2 years early and when the player gets traded the old club has to pay that delayed salary next year and its included in their cap. I doubt the player and club would move more than $200k-$300k back a year. The smart player and his manager puts that into the new contract / agreement. See CBA Clause 21.1.(d) below.
However if a Shiel type player only has 1 year to go, then that isn't an option
21. Player’s Contract
21.1 Standard Playing Contract
(a) All contracts for the playing of Australian Football entered into between a Player, an AFL Club and the AFL shall be in the form of the Standard Playing Contract.
(b) All Standard Playing Contracts, variations and Additional Service Agreements lodged with the AFL shall be supported by statutory declarations made by each of the following persons:
(d) The parties to a Standard Playing Contract, which contract has not been terminated, may vary the terms of the contract or renew the contract for a further term/s, by written agreement of the parties.
(e) All Standard Playing Contracts shall expire on 31 October in the final year of the Player’s contract unless the contract has been varied or renewed, in which case the contract shall expire on 31 October in the final year of the varied or renewed contract.
4. If its only a 1 year contract I would be pushing the club to go and help find a true independent Additional Services Agreement (see Clause 12 of the CBA) for me to sign a variation to my current contract to make up the short fall in the payment I would have got in 2019.
5. Its the AFL so they can make up any rules they like and if it wants to protect its investment in the GWS not fine them.
6. If they cant shift the payment to 2020 or find an independent ASA to make up for the short fall in a renegotiated contract to stay under the 2019 cap, then they can be sanctioned by the AFL for both $$$ and to lose draft picks.
The AFL could then take the amount they have sanctioned the GWS (or GC) and give it back to them as some sort of development / academy distribution <insert cynicism smiley>