MOTORCYCLING NSW LTD. GENERAL MEETING, BLACKTOWN, 25 October, 2018

The meeting opened at 7.40pm, with the President, Tim Sanford in the chair. Christine Tickner, Gavin Hunt, Michel Constantinou and the CEO, Dave Cooke were present.

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KEVIN CHARLES MCDONALD. OA.

Motorcycling NSW and our sport lost one of their most dedicated and enduring members with the passing of Kevin McDonald on 19th October, aged 86.

Kevin was a Foundation and Life Member of Panorama MCC and had been the organiser of their long Track events for many years. He was a Level 4 Steward and Clerk of Course, and officiated at many National events. He was elected President of Motorcycling NSW in 2000 and served for 4 years. In 2008 he was made a Life Member of Motorcycling NSW for his service to the Sport, and in 2016 he was awarded the Order of Australia, General Division, for his services to Motor Sport.

The funeral was held in Bathurst on 22nd October and was attended by Bathurst City Council representatives, and many riders and officials, including directors of MNSW.

Kevin McDonald at an MNSW General Meeting at Blacktown in 2017. He is wearing his Panorama Club jacket, with his MNSW Life Member's badge and bars, his Panorama Club Life Member Badge, and his OAM.

The President gave a touching eulogy of Kevin's long involvement with the sport and called for the meeting to stand for two minutes silence.

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During the reading of the minutes the MA Alliance Agreement was mentioned. Discussion was deferred to General Business.

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REPORTS:

During reports, NCRR delegate Dave Elliott discussed the recent Round 3 of the NSW Short Course Road Race Championships Series promoted by the club at Oakburn Park Raceway Tamworth on 29-30 September. He then called on CEO Dave Cooke to give a rider's opinion of the meeting.

Dave Cooke confirmed that he rode in the 500cc event, admitting that it was much more demanding than he expected, including one fall.

He complimented the club for it's professional promotion of the event and agreed that MNSW should be doing more to support this form of racing. He concluded by saying that the event was the most fun he had at a race meeting for years.

*********** LIFE MEMBERSHIP:

Readers may remember that in the last newsletter I mentioned a motion at the August meeting to reinstate Len Main as a Life Member of MNSW. That motion was passed. At tonights meeting delegates were informed that this had not been carried out. CEO Dave Cooke stated that MNSW had received legal advice that as Len had never been a Life Member of MNSW he cannot be reinstated. Also the appointment would not comply with the new constitution, which requires nomination, recommendation by the Board and election by Special Resolution of the General Council.

The meeting was not happy with this decision, so the board will have to find a way of correcting this omission.

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FINANCIAL REPORT:

A delegate questioned the continuing references to income and expenditure for the Nowra Motoplex, which it was understood, was now being run by the Nowra Club. The CEO, Dave Cooke explained that the club was using the MNSW Eftpos facility for rider fees, and that the income was offset by a debit at the end of the month. He added that the Nowra club was having difficulty running the venue as a business, and that MNSW had been in discussion with the club over the possibility of leasing the operation to a commercial operator. He suggested that if a suitable operator was found a one year trial period to decide if the idea was feasible may be required.

(MNSW remains the Permissive Occupancy lessee of the property from the NSW Government).

GENERAL BUSINESS:

Discussion on the MA Alliance Agreement was opened with several delegates expressing their concerns over various clauses.

NCRR delegate Dave Elliott suggested that Clause 5.3.2. whilst acknowledging that each LCB representative has a legal and moral responsibility to act in the best interests of their members, the agreement still expects the alliance members "to be bound to accommodate the interests of all other participants".

Further on, in Clause 5.8, the agreement requires members to comply with "our Alliance Culture, including unanimous decision-making in respect of Alliance Business. "Every determination, decision, outcome, solution or resolution of the Alliance Leadership Team will be made unanimously on a 'Best for Motorcycling Basis'". When asked to clarify the 'Disputes' clauses, the President explained that this refers to one or more participants not agreeing to a decision. This is covered in the 'Wilful Default' clause 7.8, where a number of options are available to the remaining Alliance members, including Disaffiliating the defaulting LCB, requiring the LCB to re-constitute their board, requiring the LCB to dismiss employees, appoint receivers to the LCB, or take any other action that is consistent with the "Alliance Objectives and is 'Best For Motorcycling'". It continues with "Wilful Default will give rise to enforceable obligations, rights or remedies under statute, at law or in equity".

When asked to explain how this would work, the President said that it can never happen. This document is an agreement, not a contract. There is no way that MA can exercise any powers over MNSW which is an independent company.

In the agreement, (Clause 13.3 (Governing Law) requires that "the parties irrevocably submit to the jurisdiction of the courts of Victoria", so it appears that MA thinks that some of these conditions are legally enforceable. Another clause, 2.1, (Principles and Objectives) mentions that "we will use the following principles as a guide to our actions and decision making:

2.1.4: "Flexible financial arrangements" to ensure each participant is financially sustainable. In my opinion this sounds suspiciously like higher charges for MA services for the more successful LCB's to subsidise others, probably at MA's discretion.

A delegate asked the President to confirm a report that Motorcycling Victoria had refused to sign the agreement.

The President agreed that MVIC was "still negotiating". He added that their concern was that the agreement could require them to contribute some of their assets to MA, including their Broadford race venue.