Israel Folau will lodge a legal challenge to his sacking within the next two days but it appears nothing will change the NRL's mind on the controversial star.
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ARL Commission chair Peter Beattie and other senior NRL officials reiterated their opposition to Folau using their code to resurrect his career on the same day as the dual international's new legal team foreshadowed a court challenge.
"The bottom line with all this is - and I have to say upfront that I don't really want to deal in hypotheticals - but the bottom line is that the post is still up," Beattie said on Wednesday.
"We haven't changed our position on this at all. To be honest I'm just cranky this has all come out on the eve of State of Origin - which is our biggest game of the year."
His sentiments were echoed by high-ranking NRL officials, who were dismissive of a report saying some clubs would open their doors to Folau if he agreed to have all his social media posts screened by his future employers.
Folau had his four-year, multi-million dollar contract torn up over an April 10 post on Instagram warning homosexuals and other sinners would go to Hell.
One NRL official told the Herald a return was not on the cards regardless of whether he met those conditions, while Brisbane officials also shut down rumours the Broncos were open to Folau returning nine years after he left them for the Greater Western Sydney Giants in the AFL.
Earlier, the Australian Financial Review revealed Folau hired commercial law firm Macpherson Kelley to prepare a challenge under the Fair Work Act to his sacking last month.
The firm's head of employment, George Haros, who has also represented Opals basketballer Liz Cambage and St Kilda AFL player Ahmed Saad, said Macpherson Kelley believed Rugby Australia had acted "unlawfully".
"We believe Rugby Australia and the Waratahs have acted unfairly and unlawfully in their treatment of Israel," Haros told the AFR.
"Israel has several options available to him at this point, and we are considering his next steps."
Haros will work closely with top industrial relations silk Stuart Wood QC on a case the AFR reported was likely to involve claims of breach of contract and unlawful termination under the Fair Work Act, which protects employees from being sacked because of their religion.
Folau was sacked on May 20, giving him until next Monday to lodge an application to have his case heard in the Fair Work Commission, which is where he is expected to take up the legal fight. If, as expected, Rugby Australia and Folau cannot resolve their dispute, it will clear the way for the case to be heard before the Federal Court.
The NRL stance further muddies the way forward for Folau on the field. The 73-Test Wallaby fullback continues to train under the guidance of a private trainer. He is understood to be based in Sydney but travels regularly to spend time with his netballer wife, Maria. He also took a quick trip to the US with two friends late last month.
Folau is unlikely to be given a second chance in the controversy-averse Japanese professional league. Despite his popularity there and otherwise unblemished record, the Top League teams are all owned by major corporations, such as Panasonic, Kobelco, Suntory and Toyota, whose appetite for controversy would be non-existent.
France's Top 14 could remain an option, but his wife Maria's netball career is also a consideration. She was recently named in New Zealand's squad for the upcoming Netball World Cup in England and plays with the Adelaide Thunderbirds in Super Netball.
She could follow in the footsteps of other netballers and ply her trade as a player or coach in England, but the couple are understood to be deeply committed to growing their church communities in Sydney and Brisbane.
