It should actually be a relatively simple process to apply a grandfathering arrangement that adheres to the spirit and objective of the COLA phasing out period, while not imposing such a punitive restriction on a club.
The Swans and AFL sit down with the Swans TPP arrangements at the point before the change was decided. I wouldn't be surprised if the COLA allocations aren't already explicitly identified in the Swans' records, but if they aren't, it can't be too hard to work out. They identify which parts of players' contracts are met out of the ASA allowance (which never had any COLA top-up). Prima facie 1/11th (or close enough) of every player's remaining contracted amount should be COLA. If the Swans can demonstrate that for lower paid players in their first two seasons (whose base salaries are stipulated by the AFL CBA and hence for whom the COLA amount must be exactly determinable) are getting more than the 9.8% allowance, the proportional COLA allocated to the rest of the list must be a little lower. But the impact is likely to be trivial.
So for contracts that were in place before the change was determined, that COLA amount is set. This becomes the amount the Swans have in their cap above the regular cap amount. We now have a transitional TPP for the club for each of the next two seasons.
Any new contracts signed below $300k pa (or whatever the threshold is for qualifying for the rental allowance) attract the new allowance but this is paid by the AFL outside the cap and doesn't count towards the Swans' TPP. This should apply to new players joining the club, plus those whose contracts expire after the announcement of the change.
So long as the Swans payments over the next two seasons fall within that adjusted TPP, I fail to understand why there need to be any restrictions on player movements.
It seems so obvious and straightforward to me that I must be missing something????
The Swans and AFL sit down with the Swans TPP arrangements at the point before the change was decided. I wouldn't be surprised if the COLA allocations aren't already explicitly identified in the Swans' records, but if they aren't, it can't be too hard to work out. They identify which parts of players' contracts are met out of the ASA allowance (which never had any COLA top-up). Prima facie 1/11th (or close enough) of every player's remaining contracted amount should be COLA. If the Swans can demonstrate that for lower paid players in their first two seasons (whose base salaries are stipulated by the AFL CBA and hence for whom the COLA amount must be exactly determinable) are getting more than the 9.8% allowance, the proportional COLA allocated to the rest of the list must be a little lower. But the impact is likely to be trivial.
So for contracts that were in place before the change was determined, that COLA amount is set. This becomes the amount the Swans have in their cap above the regular cap amount. We now have a transitional TPP for the club for each of the next two seasons.
Any new contracts signed below $300k pa (or whatever the threshold is for qualifying for the rental allowance) attract the new allowance but this is paid by the AFL outside the cap and doesn't count towards the Swans' TPP. This should apply to new players joining the club, plus those whose contracts expire after the announcement of the change.
So long as the Swans payments over the next two seasons fall within that adjusted TPP, I fail to understand why there need to be any restrictions on player movements.
It seems so obvious and straightforward to me that I must be missing something????

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