Dear Members,
Thank you to all those who attended the Forum held on Wednesday evening (12th October) with regards to Membership Playing Rights.
Aside from feedback, views, questions and statements heard at the meeting quite a number of members also submitted suggestions and queries for consideration in ongoing and future review of playing rights.
The evening was attended by approx. 160 members in person and another 38 members via online and demonstrated the passion, genuine interest and love for the Manly GC that exists amongst our membership.
We were fortunate to have a broad cross section of views put forward and equally fortunate to have at disposal members with vision and demonstrated capacity to congenially discuss contested matters.
As it stands, the playing rights by-laws will continue to be monitored by the Membership and Match Committees and adjusted if required.
Jack Lutze
PRESIDENT
15-10-22
PREVIOUS
Dear Members,
Many Members will be aware of the by-law titled “By-Law Amendment 5 Day Playing Rights” passed on 6 August 2022 which came into force on 1 September 2022. In summary the By-Law change allowed 5 Day men access to Wednesday play 2 days after 7 Day men have access. That by-law was validly created pursuant to powers provided to the Board in Rules 21 and 51(b) of the MGC Constitution.
On 16 September the Board received a requisition calling a general meeting at which a motion would be tabled to rescind the above By-Law amendment.
The requisition was declined under legal advice however that has led to the Board opening an invitation for a forum (12th October 18:00) to discuss the matter.
Accordingly, the Board wishes to inform members of the history and reasoning behind the formulation of the relevant by-law.
The Board, and indeed the Club, was faced with an historical inconsistency between the playing rights of 5 Day men and 5 Day women. Whereas 5 Day women have full access to the course on 5 days of each week, 5 day men only had full access to the course on 4 days of each week, not being permitted to play at all on Tuesdays, Wednesdays or Saturdays.
This inconsistency (between the playing rights of 5 day men and 5 day women) was in direct contravention of sections 5 and 25 of the Sex Discrimination Act 1984 (Cth), as considered and reinforced by the decision of the Federal Court of Australia in Barnett v Royal Queensland Golf Club [2018] FCCA 3697.
The Board resolved to correct the contravention of the Sex Discrimination Act and considered a number of options that fell within its powers that were not dependant on member vote, from this the Board decided that the fairest option, and the option which has the least practical effect on all categories of membership, was the option encompassed in the by-law passed on 6 August 2022.
That option removed the historical injustice of 5 day men only being able to play on 4 days, with a minor booking inconvenience to 7 day men and also to 5 day women (who can now only book for Tuesdays 2 days after 7 day women bookings open). The option was preceded by an earlier amendment in 2021/22 to remove 5 Day playing access on a Saturday for social play to restore the 7 Day playing members exclusive use of amenity on Saturdays.
The requisition submitted document titled “Membership Realignment Proposal” proposes playing rights be altered. The document is contained for the information of the forum and members assessment.
The by-law passed on 6 August 2022 still allows 7 day playing members full access to the course for the principle gender based days of play (Tuesday for women & Wednesday for men) with priority booking 2 days before 5 day playing members can book.
The experience to date has been that there have been 30-40 tee times unfilled each Wednesday since the by-law came into effect on 1 September, with an average of four 5 Day members booking into otherwise empty playing times.
The Board will continue to monitor the operation of the by-law, input received at the forum and, as usual, make any adjustments deemed appropriate should the need eventuate.
In implementing the change the Board was and remains mindful that it is tasked with governance on behalf of all members of the Club, not just one particular category of member. Further, the Board would be derelict in its duties to endorse policy in contravention of legislation.
Following is an agenda for the Forum. Questions are preferred in writing in advance to enable considered reply.
Sincerely
Daniel Constable
GENERAL MANAGER
For and on behalf of the Board.
Members Forum Agenda
- Welcome
- President’s Address
- Current playing rights of members (Appendix item 2)
- Alternative provided
- Member Mr. Phil Kells RE: Alternative membership proposal (Appendix item 3)
- Open Questions and Answers
- Closing
Appendix (Click to View)
- Agenda Cover
- Playing Rights Table Summary
- Membership Realignment Proposal (1.24) v with Board notation
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Manly Golf Club’s Forum Zoom Meeting @ 6:00pm Canberra, Melb, Syd – Tuesday, 12 October
Join Zoom Meeting
https://us02web.zoom.us/j/84774302318?pwd=angwTEhYRFhMdmVaQnBZM3ZPNWxJUT09
Meeting ID: 847 7430 2318
Passcode: 301741
