Yeah they do (have to reach agreement). And if it is $800k/year then we are talking $1.6m The parties agree, or they seek remedies. You'd imagine that Quade isn't so foolish than to move without legal input - just like any of us would if an employment contract went south. Quade's career may have left with few bargaining chips, but in the resolution of the contract I'd suggest that Quade is in a pretty solid position. ARU and QRU are hardly in good positions here.
Absolutely. The QRU and the ARU are certainly in the weakest position and will be hoping that Cooper wants to continue playing rugby at the elite level and tries to get a release from his contract (presumably for some sort of reasonable consideration). If the Reds really don't want him then it effectively means his ARU contract is worthless to the ARU (he wasn't likely to be picked anyway, but it sure isn't going to happen from QPR). If Cooper calls their bluff and says sure, I'll play club rugby for two years the ARU and QRU are pretty stuffed.
All of which leads to some interesting questions around employment law.
Arguably there is some potential grounds to claim discrimination. It appears he has been asked not to attend the workplace for no tangible reason and excluded from normal duties / activities and the rest of the workforce. He is also being deprived of the services usually required to perform his duties such as specialist training / coaching, and access to medical services provided daily by the Reds to the rest of the players.
There is some potential grounds to claim under the adverse action provisions.
Adverse action includes doing or threatening to do any of the following:
• firing an employee
• changing an employee's job to their disadvantage
• ending a contract, discriminating against them in the terms and conditions offered, altering their position to their detriment, refusing to make use of their services, or refusing to supply goods or services to them
• treating an employee differently than others
Of interest in this is as his 'head" contract is with the RA they could be primarily at fault for the Reds actions.
It could be hard to deny that the actions taken were done with the knowledge that QC (Quade Cooper) would most likely be unable to get similar employment here in Australia of a similar nature. This suggests that both RA and QRU were aware that they would need the contract to be broken and the actions are deliberately designed to apply pressure to cause this.
I am not a lawyer but I would be advise QC (Quade Cooper) to let loose o the legal actions.
I would also say their is a chance of some risk here if QC (Quade Cooper) did take legal action and was successful with the prior knowledge angle it could start a flurry of other players having a crack at it; in particular the Ex-Force players.