Which AFL Club Officially Exists to Win Premierships? The Constitutions of Australian Rules Football Clubs
As we once again come to the close of another home-and-away season, the teams that have made it to the Finals series have all set their eyes on the most sought-after prize in the game, the AFL premiership.
The Australian Football League (AFL) is more than a game; it's a passion that binds communities and fans across Australia. With 18 professional clubs, each having its unique constitution, and a 19th in the works, one might wonder how these governing documents define the core objectives and purposes of the clubs. Port Adelaide celebrates its heritage by proclaiming "We exist to win premierships," a motto that resonates with the team's rich history and bold future. Essendon, too, has recently unveiled a five-year blueprint, firmly stating that they “exist to win premierships.” How true is that really though?
Let's take a closer look at some of the common purposes shared by some of the different clubs, as well as the more unique ones:
Promotion of the Game: Virtually all of the clubs from the Adelaide Crows to the Western Bulldogs have made it a clear object in their constitutions to promoting and advancing the playing of Australian Football both in Australia and internationally. This focus on growing the game and spreading the love of Australian Football is a near universal provision among all clubs. Conversely, Hawthorn's constitution stands out as it does not include specific provisions for promoting the game. Instead, their constitution only provides a broad authorization for the Club to exercise any power, take any action, or engage in any conduct or procedure that is permitted by the Act.
Community Engagement: Many clubs, such as West Coast Eagles and Essendon FC, focus on community support, including health promotion and multi-cultural programs.
Global Participation: Both Brisbane Lions FC and Geelong FC have specific provisions in their constitutions that allow for broad participation in sports. Brisbane's clause specifically states the club's intent "to promote and advance the playing of Australian Football in Australia and internationally [...] and if considered necessary and desirable by the Board, to compete in any other sporting competition played in any part of Australia or internationally." Geelong's provision similarly permits the team "to compete in any other competition played in Australia or the world (if necessary or desirable in the opinion of the Board)."
Geographic Locality: Clubs like the Brisbane Lions and Adelaide Crows have specifically highlighted their geographic regions within their constitutions. Brisbane's clause emphasises promoting Australian Football "by maintaining, providing, supporting, and managing a team or teams of footballers bearing the name of the Brisbane Lions based in Brisbane, Queensland." On the other hand, fitting for the pride of South Australia, Adelaide's provision explicitly states the club's objective "to promote the playing of Australian Football throughout Australia, with a specific focus on developing and growing the game of Australian Football in the State of South Australia."
Amid these noble and broad-ranging objectives, there is one specific goal that resonates with every football enthusiast – winning premierships. However, this ultimate glory is not explicitly stated in most club constitutions.
Enter Carlton Football Club.
Among all the clubs, Carlton FC stands apart, with its constitution clearly emphasising the pursuit of premierships. The exact line reads:
"Through striving for success on a sustainable basis including the pursuit of premierships."
Yes, it's right there in the constitution. While other clubs are surely driven by the same desire, Carlton FC has made it an official part of their mission. It's a bold statement that not only resonates with fans and players but sets a clear benchmark for success. Lest it be doubted, Carlton’s Constitution also provides as an object:
“In playing the game of AFL football, to provide its supporters with enjoyment, engagement, fulfilment and hope of success.”
Read in line with the section on premierships, it’s clear Carlton views its purpose as sustainably providing Carlton supporters with enjoyment and a hope for success in its pursuit of premierships. For supporters of clubs other than Carlton FC, while hope of success may be in short supply after this tumultuous season (looking at the smoking wreckage of Essendon’s one promising season), rest assured that your team's desire to win premierships is indirectly recognised in their constitution as well.
Several clubs, including Brisbane Lions, Geelong FC, Adelaide Crows, Sydney Swans, and others, include clauses such as: "and (c) doing all such other lawful things as are incidental or conducive to the attainment of the above objects or which may be calculated to advance directly or indirectly the interests of the Club." Said otherwise, the High Court has declared that directors of a corporation owe a duty to act in the ‘best interests’ of the members rather than a duty to secure the ‘best outcome’ for members, and that the “purpose and terms … are the existing legal purposes and terms of the Constitution, not the purpose or terms that are honestly believed to exist.” [1] Just going by the chants one hears at the MCG, it’s hard to doubt the honest belief of most clubs’ cheer squads.
Nevertheless, while these words may not spell out the pursuit of premierships explicitly, it’s hard to imagine any club would consider winning the premiership as not advancing the Club’s interests. (Although notably, winning some games may actually indirectly hinder the interests of a club, such as when North Melbourne finally ended their 22-game losing streak in Round 24 against Gold Coast, well after any shot at the premiership had come and gone. In so doing, this changed their position on the ladder in a lost cause season, resulting in them losing out on a highly sought-after first draft pick.)
But when it comes to an official dedication to winning premierships, it's Carlton Football Club that takes the flag. A club's constitution is more than a mere document; it is a contract with its members,[2] outlining the core values, goals, and commitments that define the organization. In the case of Carlton Football Club, it can be considered as having a contract with its members to win premierships, or at the very least provide them with a hope of success at winning.
The power of a well-articulated purpose cannot be underestimated. It shapes the vision, culture, and strategic direction of a club. Specifically, their intent shapes how a club’s directors are assessed to have fulfilled their responsibilities, particularly under statute such as s 180 of the Corporations Act[3], which dictate that the evaluation of a director's actions of the Corporations Act is influenced by the club's fundamental goals[4], and it shapes the authority of the company’s officers.[5] In Carlton's case, it's a declaration that they play to win, and nothing less than a premiership will satisfy their ambition.
While AFL clubs may include the aspiration to win premierships in their constitutions, it's worth noting that under s 125[6], a club is not required by law to have an object, and its actions are not deemed invalid just because they don't comply with that object. This legal provision allows companies to set out their objects or restrict powers, but these do not invalidate any contrary actions. For those fans of clubs that have not tasted finals success since John Howard was Prime Minister, this information might offer some cold comfort. Perhaps the absence of a legally binding commitment to victory in the constitution isn't what's holding your team back after all.
[1] Australian Securities & Investments Commission v Lewski [2018] HCA 63, 71.
[2] Corporations Act 2001 (Cth) s 140.
[3] Corporations Act 2001 (Cth) s 180.
[4] Pilmer v Duke Group Ltd (in liq) [2001] 207 CLR 165, 198.
[5] Whitehouse v Carlton Hotel Pty Ltd [1987] 162 CLR 285, 289-90.
[6] Corporations Act 2001 (Cth) s 125.