Folau, Rugby Australia talks end with no resolution

Lawyers on both sides of the Israel Folau legal war are steeling themselves for what promises to be a protracted battle.

Israel Folau outside the Fair Work Commission today. Picture: Christian Gilles.

Lawyers on both sides of the Israel Folau legal war are steeling themselves for what promises to be a protracted battle in the Federal Court after settlement talks at the Fair Work Commission collapse­d yesterday.

Folau was smiling and confid­ent as he headed into the commission meeting in Sydney yesterday.

Surrounded by his own personal cheer squad of lawyers and “advisers”, the former Wall­aby tried to ignore the large media scrum but was clearly delighted when one supporter shouted at him: “Hey Izzy, God go with you brother, I’m praying for you.”

But after four hours of fraught negotiations, Folau appeared far more subdued, telling waiting media he was “very, very dis­appointed with the outcome”.

“I’d like to thank all those who have supported me throughout this time to stand up for the freedoms of all Australians,” he said.

Rugby Australia and NSW Rugby Union said in a joint statement they were also “incredibly disappointed”, but defended their decision to terminate Folau’s contract: “We remain confident in our processes and will continue to do what is required to defend the value­s that underpin our game.”

The failed conciliation talks pave the way for Folau to continue his high-stakes legal battle in the Federal Court, where he plans to sue RA and his former Super Rugby club, the Waratahs, for unlawful termination of his contract.

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The Federal Court action also sets the stage for Australia’s first judicial determination on whether an employee’s statutory rights to freedom of expression, including religion, trumps any contractual obligations to an employer.

RA tore up Folau's multi-­million-dollar contract last month after a three-person tribunal found he had breached its code of conduct with an Instagram post condemning “homosexuals, fornicators” and other “sinners … to hell” unless they repented.

Folau’s legal team, commercial law firm Macpherson Kelley and Melbourne barrister Stuart Wood AM QC, is seeking $10 million in compensation for the termination of his $5m contract.

In their application to the FWC, Folau’s lawyers said his ­religious devotion had “compelled” him “to communicate the word of God and the message contained­ within the Bible, the doing of which he considers to be a loving gesture to others”.

It follows a week of escalating drama in the Folau saga after GoFundMe­ pulled the plug on Folau’s fundraising page, claiming his quest to raise a legal war chest so he could sue his employer for sacking him was a “violation” of the company’s values.

Israel Folau leaves the FWC after his unfair dismissal case was unable to be settled today. Picture: Matrix

The Australian Christian Lobby took over the fund on Tuesday, but the rush of support was so overwhelming that it put its fundraising on “pause’’ after raising more than $2m from more than 20,000 donors in just two days.

On the eve of yesterday’s talks with the FWC, Folau further ­incensed RA chiefs in an interview with Alan Jones on Sky News by accusing RA of trying to buy his ­silence by offering him money to take down his Instagram post. That prompted an immediate denial from RA, which said his alleg­ations were “completely untrue”.

Lawyers estimate it could take 18 months before Folau’s case is listed for hearing.