The New Zealand Cricket Players' Association (NZCPA) and its members have today formally rejected the settlement offer tabled last Friday by the bargaining team representing New Zealand Cricket and the Major Associations (NZC).

In considering the offer the NZCPA has consulted extensively with all players. It has also raised appropriate issues with the Federation of International Cricketers' Associations (FICA) of which the NZCPA is a member. The NZCPA has also taken advice from its financial and legal advisors.

Reasons for the decision to reject the offer include the following:

• Advice from its chartered accountants, Deloitte Touche Tohmatsu that the NZCPA is not in a position to be able to rely on the forecasted financial information provided until further information is obtained.

  In particular this includes information relating to the revenue earned by NZC from the International Cricket Council (ICC) throughout the five year ICC/GCC broadcasting agreement. The NZCPA has requested, but has not been provided with, further information relating to revenue received from the ICC throughout the five year term of the agreement between ICC and GCC. This income is significant;

• Advice from its solicitors, Bell Gully, that the players should not commit to the ICC player terms documentation in the manner required by the settlement offer. The NZCPA's legal advice is that players should not agree to uncertain terms, with unknown consequences. FICA have also advised players not to sign the current player terms documentation on the same basis.

• The NZCPA's position, supported by FICA, that by committing to the signing of the ICC player terms documentation as required by the settlement offer the players would;
  • be regarded as having compromised the position of their international colleagues who have maintained a unified approach to the matter;
  • potentially undermine progress that has been made towards a resolution on this matter between FICA and the ICC; and
  • potentially place the ICC/GCC agreement at risk.

• The NZCPA's position, supported by legal advice, that the settlement offer fails to include a number of specific provisions that will need to be agreed before any offer can be accepted. The majority of these provisions were included in the NZCPA's settlement offer dated October 28, but there is no present indication from NZC/MAs about acceptance of those terms, or any reason for their rejection.

  Examples of some of the terms at issue are:

  • how players transfer between Associations;
  • the professional cricketers in schools program in which players are required to undertake a minimum amount of cricket coaching;
  • the development and implementation of a professional development program for cricketers;
  • how injury and illness is dealt with;
  • how variations in forecasted revenue will be dealt with;
  • what the parameters are surrounding a players ability to play overseas;
  • how the implications of canceling games or scheduling additional games are dealt with; and
  • club and district playing obligations;

• Legal advice that the settlement offer has been tabled in a manner which potentially breaches the agreed Bargaining Protocol and the collective bargaining provisions of the Employment Relations Act. The offer constitutes a take it or leave it offer and threatens to undermine the Association by approaching individual players.

The Way Forward

The money is negotiable and has always been negotiable and we have made that clear throughout the process.

This negotiation process is not about personalities and its not all about remuneration. Its about the negotiation of employment terms and conditions which are fair and reasonable.

The players want to play cricket and the players want to reach an agreement.

The players are united and committed to ensuring the recognition of their chosen representative body to ensure professional representation and to provide a forum for their input into the development of cricket in New Zealand.

The players are united in their desire to ensure employment terms and conditions that will not only attract the best young sportspeople in New Zealand, but will also ensure a level of fair remuneration that demands absolute professionalism from those who commit to a career in cricket.

In creating that change the players want to ensure the negotiation of a fair and reasonable agreement that is reached in a professional manner and in a controlled environment around the negotiation table.

As part of its response to the settlement offer the NZCPA has invited NZC to address players directly on the issues under negotiation.

The NZCPA has also proposed that, following this process, the parties reconvene negotiations under mediation, with a view to reaching final agreement as soon as possible.

If this proposal is accepted by NZC, as a sign of good faith and in the interests of completing an agreement, the players will commit to full domestic cricketing duties including the State Max competition, with immediate effect.

© New Zealand Cricket Players' Association