Fluence Corporation
Annual Report 2018

Plain-text annual report

Fluence Corporation Limited Annual Report for the year ended 31 December 2018 Fluence Corporation Limited ABN 52 127 734 196 Annual Report - 31 December 2018 Contents Corporate Directory Directors' Report Auditor's Independence Declaration Financial Statements Independent Auditor's Report Shareholder Information Page 1 2 48 49 109 116 Fluence Corporation Limited Corporate Directory Directors Mr Richard Irving Non-Executive Chairman Mr Henry Charrabe Managing Director and Chief Executive Officer (CEO) Mr Peter Marks Non-Executive Director Mr Ross Haghighat Non-Executive Director Mr Robert Wale Non-Executive Director (Ceased to be a director on 24 May 2018) Dr Ramesh Rengarajan Non-Executive Director Mr Arnon Goldfarb Non-Executive Director Mr Paul Donnelly (appointed 20 July 2018) Non-Executive Director Company Secretary and Board Advisor Mr Ross Kennedy Registered Office Principal Place of Business Share Registry Auditors Solicitors Bankers Securities Quoted Website Level 3, 62 Lygon Street Carlton VIC 3053 Australia Phone: +61 (0)3 9824 5254 Fax: +61 (0)3 9822 7735 10 Bank Street 8th Floor White Plains New York 10606 United States of America Phone: +1 212 572 5700 Boardroom Pty Ltd Level 12, 225 George Street, Sydney, New South Wales, 2000, Australia Phone: 1300 737 760 (local) Fax: +61 (0)2 9290 9600 (international) BDO East Coast Partnership Tower 4, Level 18, 727 Collins Street, Melbourne, Victoria, 3008, Australia Lander & Rogers Lawyers Level 12, Bourke place, 600 Bourke Street Melbourne, Victoria, 3000, Australia HSBC Bank Australia Limited Melbourne, Victoria, Australia Australian Securities Exchange - Ordinary Fully Paid Shares (Code: FLC) https://www.fluencecorp.com/investor-news/ Fluence Corporation Limited 1 Fluence Corporation Limited Directors' Report 31 December 2018 The Directors present their report, together with the financial statements for the year ended 31 December 2018 of Fluence Corporation Limited ("Fluence", the "Company" or the "Group"). Directors The following persons held office as Directors of Fluence Corporation Limited during the financial year: Mr Richard Irving, Non-Executive Chairman Mr Henry Charrabe, Managing Director and Chief Executive Officer (CEO) Mr Peter Marks, Non-Executive Director Mr Ross Haghighat, Non-Executive Director Mr Robert Wale, Non-Executive Director (Ceased to be a director on 24 May 2018) Dr Ramesh Rengarajan, Non-Executive Director Mr Arnon Goldfarb, Non-Executive Director Mr Paul Donnelly, Non-Executive Director (appointed 20 July 2018) Review of operations 1 Multiple milestones achieved in 2018 Fluence’s main goals for 2018 were to increase sales of Smart Products Solutions, expand its footprint in China, and secure recurring revenue contracts. The Company was successful in achieving these goals: • • • Smart Products Solutions revenue in 2017 was US$10 million and in 2018 grew to US$22 million In China, Fluence presence expanded to 26 partnerships covering 15 provinces and 26 installations The Company has started to build a meaningful recurring revenue base, with secured average annual recurring revenue of US$14.7 million at 31 December 2018 following the current construction phase: US$1.7 million from Bahamas, US$3 million from Peru, and US$10 million from San Quintin The Company also announced a 205% increase in revenue year-on-year to $101 million and significant improvement in gross margin from 18% in 2017 to 34% in 2018. Gross margin and gross profit for 2018 included the benefit of a reversal in onerous provision of US$11.1 million. 2 Notable successes include: (i) Smart Products Solutions • • • • Aspiral™ sales accelerating in China: • Exclusive partnership agreement with ITEST in Hubei Province signed in October 2018 with anticipated Aspiral™ sales estimated at a minimum of US$45 million over three years First bulk order of 35 Aspiral™ units received in December 2018 under the agreement with ITEST • • Repeat orders through Jiangsu Jinzi Environment Company • First sales through other Chinese local partners: Zhongzi Huaze, Glory Land (Beijing) Science & Technology Co., Ltd and Hunan Aerospace Kaitian Environmental Technology Company Ltd First Aspiral™ Project in the Philippines consisting of two Aspiral™ Smart Packaged wastewater treatment units serving a residential development in Manila First commercial Aspiral™ sale in the USA signed in August 2018. The Aspiral™ L + Ultrafiltration (UF) plant designed for client WaterFleet, LLC (“WaterFleet”) will treat the sewage of an LNG worksite, and was commissioned in January 2019 Strategic MABR sale in October 2018 to Orenco who are a large systems integrator in the USA with the MABR modules to be incorporated into a wastewater treatment system for a mobile home park in Oregon Fluence Corporation Limited 2 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 2 Notable successes include: (continued) • An Aspiral™ demonstration unit at the Código Resource Recovery Center at Stanford University in California was successfully deployed in early 2018 and has performed to expectations. In February 2019, the Company announced that independent test results gathered from its Stanford, California demonstration plant have been published and validate compliance of Fluence’s MABR technology with California’s Title 22 water recycling legislation. This serves as a reference site to support further US sales • NIROBOX™ successes: • NIROBOX™ reference grew to include sites in Egypt, South Africa, Philippines, Caribbean, Mexico and • South America Three NIROBOX™ Smart Packaged desalination plants which were delivered in Q4 2018 to a customer in Egypt for US$7.6 million. The contract also includes an operating & maintenance contract providing recurring revenues • US$4.9 million NIROBOX™ Seawater & installation for Peru Build-Own-Operate-Transfer (BOOT) project delivered in Q4 2018 with potential annual recurring revenues up to a total of US$5.0 million via Water Purchase Agreements (assuming full plant capacity) • NIROBOXTM inventory on hand at the start of the year was reduced • First BOOT project for a resort signed in Q2 2018 for the delivery of three NIROBOX™ to be deployed in North Bimini, Bahamas. The ability to supply financing made the project more appealing for the customer and added to Fluence’s recurring revenues (ii) Recurring Revenue and Aftermarket • • BOOT contract in Peru is expected to generate an estimated US$3.0 million in annual recurring revenue, with billings anticipated to commence in the second half of 2019 Secured annual average recurring revenue of US$14.7 million at 31 December 2018 following the current construction phase, with a weighted average contract duration of 24 years, and revenue contributions commencing in FY2019 (iii) Custom-Engineered Solutions • • • • The Company continued to progress discussions with the Federal Government of Ivory Coast for the turnkey supply of a 150,000 m3/day surface-water treatment plan. As a result, a landmark €165 million commercial agreement was signed in February 2019 and is conditional upon the arrangement of export credit financing, and project commencement which Fluence is in the process of finalising In Q2 2018 Fluence began construction of the US$48 million San Quintin, Mexico project. This has progressed to plan, and revenues are being recognised over the 20-month term of the project. Following plant construction the project will contribute an estimated US$10 million of recurring billings for 30 years after which ownership and operation of the plant will be transferred to Comisión Estatal del Agua De Baja California PDVSA Portugesa project in Venezuela is approaching completion. In FY2018 this contract generated revenue of US$24.8 million, with a further US$1.2 million expected to be recognised in FY2019. Fluence was awarded its first waste-to-energy harvesting project in Argentina in October 2018. The €1.7 million solution to produce biogas, as well as electrical and thermal energy, was designed and built using anaerobic digestion technology developed by Fluence 3 Operating in markets with attractive fundamentals Water scarcity is increasing due to global economic development and climate change. Communities are being challenged to come up with viable solutions to overcome this problem. Fluence Corporation Limited 3 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 3 Operating in markets with attractive fundamentals (continued) Current centralised water treatment plants present major challenges to address this scarcity issue as they tend to be landlocked, have aging infrastructure and increasingly cannot meet the demands for clean water. Moreover, such centralised water treatment plants cannot be expanded easily, and upgrades are costly. In response to these challenges, investment is being made in alternative decentralised solutions to address capacity needs quickly and economically, and importantly meet growing regulatory requirements. (i) Smart Products Solutions Smart Products Solutions revenues grew from US$10 million in 2017 to US$22 million in 2018. MABR - Aspiral™ / SUBRE The expansion of Fluence into China, both through sales and manufacturing facilities, strongly positions the Company to participate in the planned improvement in China’s rural wastewater treatment quality. The Chinese Government’s current five-year plan is targeting, and provides finance for, an increase in wastewater treatment for remote rural villages and at the same time to achieve Class 1A effluent discharge. With approximately 10% of rural wastewater currently treated and the five-year plan’s target to reach 70% treatment of wastewater in China, Fluence’s Smart Packaged Aspiral™ system featuring MABR technology is the lowest cost treatment alternative available in the decentralised market, and simultaneously guarantees to consistently reach Class 1A effluent discharge standards. The 15 provinces and districts in China highlighted are covered by current strategic partnerships The successful demonstration plant with Chinese partner Hubei ITEST, enabled the execution of an exclusivity agreement in October 2018 with anticipated Aspiral™ sales estimated at a minimum of US$45 million over the next three years. The first two contracts under this partnership were booked in December with a total of 35 Aspiral™ units to be deployed. Fluence Corporation Limited 4 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 3 Operating in markets with attractive fundamentals (continued) In November 2018, Fluence announced a new partnership with environmental EPC firm Zhongzi Huaze and executed a multi-unit Aspiral™ order. Six Aspiral™ units were delivered in December 2018 and commissioned in January 2019 - the first for Fluence in Jilin Province, a region subject to extreme cold climate with the temperature often dropping to -30C. Following the successful operation of the 3 pilot sites commissioned earlier in 2018, Fluence was endorsed by the Yiyang City Government to help meet its future requirements under the Chinese Government 13th five-year plan. The Company executed a contract with Hunan Aerospace Kaitian Environmental Technology Company Ltd. to deliver four Smart Packaged Aspiral™ units, all of which were deployed in Hunan Province. Fluence relationship with Jiangsu Jinzi Environment Company continued to strengthen through 2018 with the awarding of further contracts. Fluence developed other partner agreements in China and in 2018 also secured first sales through Zhongzi Huaze and Glory Land (Beijing) Science & Technology Co. Outside of China, Fluence secured a contract for the first deployment of Aspiral™ Smart Packaged wastewater treatment units in the Philippines in August 2018. The two units were for a residential development located in Manila. Two Aspiral™ units were also manufactured for a customer in Ethiopia proving another new geography is well suited for the validated wastewater treatment solution. In August, Fluence achieved its first commercial sale of an Aspiral™ Smart Packaged Wastewater Treatment Plant in the USA. The Aspiral™ L + Ultrafiltration (UF) plant was designed for WaterFleet and will treat up to 33,000 gallons per day of sewage from an LNG worksite. The decentralised wastewater treatment plant, which can serve as a mobile or permanent installation, will be relocated by WaterFleet as required to meet its treatment needs. Fluence is confident that the project can lead to additional opportunities in the municipal and industrial decentralised wastewater treatment market in the USA. Fluence continued its efforts in the US, and in October 2018 its first MABR module sale was made to Orenco, a large systems integrator in the State of Oregon. The integration of Fluence’s MABR modules into Orenco’s wastewater treatment system will increase existing system capacity and efficiency, while achieving high effluent quality that meets regulatory requirements. Orenco evaluated several alternative solutions and concluded that Fluence’s MABR is a more cost-effective solution as a result of higher water quality and lower operating costs. The Aspiral™ S1 model demonstration unit at the Códiga Resource Recovery Center at Stanford University in California, was successfully deployed in early 2018. The unit operated to expectations and on 11 February 2019 Fluence advised that independent test results had been published which validated compliance of Fluence’s MABR technology with California’s Title 22 water recycling legislation. Fluence’s first SUBRE contract for the retrofitting of the Ma’ayan Zvi large-scale centralised wastewater treatment plant was completed and operational in Q4 2018. By incorporating MABR technology, the treatment plant’s capacity is expected to increase by 15-20% while ensuring compliance with tighter nitrogen discharge rules, without the use of any hazardous chemicals. Fluence is actively quoting SUBRE (submerged MABR) projects for potential clients in China and in other key markets and continues to focus on the full commercialisation of the product in the first half of 2019. The SUBRE product is designed to be utilised both for retrofitting or upgrading existing, centralized wastewater treatment plants, as well as in the construction of new wastewater treatment plants. Fluence Corporation Limited 5 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 3 Operating in markets with attractive fundamentals (continued) NIROBOX™ In Q4 2018 Fluence secured a US$7.6 million NIROBOX™ SW Smart Packaged desalination plant order in Egypt. These plants consist of 12 units which were already manufactured and in inventory, thus enabling very rapid deployment. The plants are expected to be fully operational by Q2 2019 and supply 12,000 m3/day of potable water to a large residential area along the Mediterranean coast. In addition, Fluence will sign a service contract to operate and maintain the units. In July 2018 Fluence secured a contract for the deployment of three NIROBOXTM units to resorts operated by Rav Bahamas Limited. This is Fluence’s first BOOT contract in the Bahamas and will generate approximately US$1.7 million annually recurring billings for up to 15 years (subject to an earlier customer cash buyout option). In Q4 2018 Fluence secured the rights to design, build and operate a US$8.4 million seawater desalination plant in central Peru, including a 10-year Water Purchase Agreement (WPA) with an industrial client. The Plant will utilise 5 NIROBOX™ SW Smart Packaged desalination units that are already manufactured and in inventory. This plant is expected to be operational in Q3 2019 and will generate an average of US$3.0 million of recurring annual billings once operational. Negotiations for WPAs with additional industrial customers are ongoing. The plant is expected to ultimately expand to 10 NIROBOX™ SW units and supplemental WPAs have the potential to increase annual recurring billings from US$3 million to up to US$5 million at full plant capacity. Other NIROBOX™ sales in 2018 include: two NIROBOX™ units sold to Jpark Island Resort & Waterpark, Cebu in Mactan, Philippines producing potable water from seawater for consumption; two NIROBOX™ BW (brackish water) units sold to the Municipality of Berazategui, in the province of Buenos Aires, to produce potable drinking water for residents, who previously only had access to highly polluted well water. (ii) Recurring Revenue and Aftermarket In November 2018, Fluence secured a US$50 million non-recourse stand-by debt facility for project financing of Build, Own, Operate and Transfer ("BOOT") projects, enhancing the Company’s ability to grow the recurring revenues based on its Smart Products Solutions. The facility is provided by Generate Capital, a leading US-based infrastructure investment firm. Fluence is expected to have access to this facility on a project-by-project basis for 3 years without any geographical limitation. Recurring revenue opportunities are a key strategic focus for Fluence. The Company has started to build a meaningful recurring revenue base, with secured average annual recurring revenue of US$14.7 million at 31 December 2018 - US$1.7 million from Bahamas, US$3 million from Peru, and US$10 million from San Quintin. Of this, US$3 million is expected to flow into revenue in 2019 as certain project construction is completed and Fluence commences management of the facilities. (iii) Engineered Solutions and Other Products Through 2018 Fluence continuing to progress discussions with the Federal Government of Ivory Coast for the turnkey supply of a 150,000 m3/day surface-water treatment plant, to provide high-quality drinking water for more than one million people following the signing of an exclusive Memorandum Of Understanding (MOU) in Q3 2017. Ultimately this was signed in February 2019. However, it is conditional upon the arrangement of export credit financing, and project commencement which Fluence is in the process of finalizing. Fluence Corporation Limited 6 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 3 Operating in markets with attractive fundamentals (continued) In Q1 2018 Fluence achieved financial close on the US$48 million San Quintin, Mexico project and construction commenced in Q3 2018. US$13.5 million revenue was recognised in FY2018, with the remainder to be recognised over the 15-month construction period of the project. Fluence is building and will operate the seawater desalination plant through a Special Purpose Vehicle (SPV) owned together with its local partners. The SPV will produce water for the San Quintin area for the next 30 years, after which ownership and operation of the plant will be transferred to the customer. As owner and operator of the plant, Fluence is also expected to receive an estimated average of US$10 million annually in recurring billings for 30 years after the plant begins operation. Work is also ongoing for the Portugesa project in Venezuela under the umbrella of the PDVSA contract. The Portugesa project involves a wastewater treatment solution for ethanol plants. In FY2018 this contract generated revenue of US$24.8 million, with a further US$2.6 million expected to be recognised in 2019. Fluence was awarded its first waste-to-energy harvesting project in Argentina in October 2018. The €1.7 million solution to produce biogas, as well as electrical and thermal energy, was designed and built using anaerobic digestion technology developed by Fluence. The project was delivered in November 2018 and serves as a valuable reference site to secure further projects in this industry and throughout South America. In August, Fluence announced a US$3.5 million contract to design and build a water treatment plant for a prominent power plant in Buenos Aires, Argentina. Fluence and its local EPC partner were selected by the customer for this project due to their expertise in treating complicated water sources to reuse quality, the system’s small footprint, and the combination of lower capital investment required and operational efficiencies to be generated. In June, Fluence received a €3.9M contract for a wastewater treatment and waste-to-energy system for its customer ArcelorMittal, the world’s largest crude steel producer. Fluence will design and build these systems for ArcelorMittal’s steel mill in Ghent, Belgium, using innovative anaerobic digestion technology to produce biogas from off-gas fermentation by-products. By adding waste-to-energy treatment to the system, the biogas produced will be used to power the steel mill’s operations, which will in turn lower the overall operating costs. In April, Fluence was awarded a contract to deliver a water treatment reuse system to Rosenblad Design Group, as part of a larger project being installed in California. Fluence’s zero liquid discharge solution utilises ultrafiltration and reverse osmosis equipment to treat brine for reuse. This system was delivered, installed and is expected to be operational shortly. In May 2018, Fluence unveiled its Aspiral™ Family of wastewater treatment solutions, based on its innovative Membrane Aerated Biofilm Reactor (MABR) technology. AspiralTM is a modular solution that reduces aeration energy consumption by up to 90% as compared to conventional wastewater treatment methods, making it ideal for small to medium-sized installations. In 2018 Fluence presented its products and technologies at WEFTEC18 in New Orleans, The Water Expo in Miami, FENASAN in São Paulo, CWWA in Jamaica, Singapore International Water Week, the Sea Food Sustainability Summit in Barcelona, IDA International Water Reuse and Recycling Conference in Valencia, CaribDA 2018 Biennial Conference & Exposition in Curaçao, IFAT 2018 in Munich, the 2018 Arizona Water Conference. This investment of time and resources provides visibility of the Fluence solutions amongst key decision makers and potential industry partners. Additionally, through Company presentations at these forums, Fluence’s team continues to be acknowledged as thought leaders who are at the forefront in the provision and development of advanced water, wastewater and reuse solutions. There is growing recognition by the industry in general of the need to look at decentralised solutions to help solve the world’s water problems and there is strong interest amongst event organizers and participants to learn more about Fluence’s innovative solutions. Fluence Corporation Limited 7 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Review of operations (continued) 4 Strengthened management team During the year, Fluence made a number of key appointments to its management team. In March, Francesco Fragasso joined the Company as Chief Financial Officer (CFO). Most recently, Francesco served as the CFO at Desalitech, a reverse osmosis technology company based in Boston, Massachusetts (USA). Prior to his role at Desalitech, Francesco was the CFO for Nuvera Fuel Cells, Inc. part of Hess Corporation Group, and spent more than 10 years in public accounting with Deloitte. To strengthen global sales efforts and build on existing partner relationships, Fluence appointed Erik Arfalk to the newly created role of Chief Marketing Officer (CMO). Erik has significant experience leading marketing teams for global industrial companies, most recently as Vice President, Marketing & Communications in the US for Swedish headquartered Atlas Copco. Prior to joining Atlas Copco, Erik worked for General Electric's Life Sciences division. Erik is responsible for strategic marketing and communications across Fluence's global portfolio of water and wastewater treatment solutions. Anthony (Tony) Hargrave, B.Sc., MBA, was promoted from VP Global Operations to Chief Operating Officer in July 2018. Tony has an engineering background, as well as an MBA and almost 30 years of experience in the water and wastewater industry internationally, particularly across Asia. Tony has lived and worked in China, India, Europe and the USA. Having joined Fluence in May, Tony replaces Philippe Laval, who joined RWL Water in 2014 as VP of Global Sales, and later Chief Operating Officer (COO) before becoming Fluence’s COO at the time of the merger in 2017. In July 2018 Paul Donnelly, joined Fluence’s Board of Directors as a Non-Executive Director. Paul brings extensive global capital markets experience gained over 23 years with Macquarie Group, with skills in capital markets and infrastructure, that will support the Company’s future growth. 5 Review of financial results Following the merger with RWL Water LLC on 14 July 2017, revenues for the 2017 financial year only include revenue contributions from RWL Water LLC for the period from 14 July 2017 to 31 December 2017. Revenues for 2018 include a full year contribution from RWL Water LLC. Consequently, comparisons with financial results for 2018 are not particularly meaningful. The Group has used United States Dollars (US$), as its presentation currency in the attached financial report, which conform to IFRS accounting standards. The revenue from ordinary activities for the twelve months ended 31 December 2018 was US$101.1 million (2017: 33.2 million) and the loss from ordinary activities after tax was US$62.8 million (2017: US$23.6 million). The loss for the year includes a US$56.3 million non-cash goodwill write off. Excluding the goodwill write off the loss from ordinary activities after tax was US$6.5 million. Cost of sales for the twelve months ended 31 December 2018 increased to US$66.5 million (2017: US$27.2 million). The Group’s net assets decreased by US$52.5 million to US$51.1 million during the twelve months to 31 December 2018. The financial results for the year reflect a number of significant non-cash, accounting items including: • Impairment of Goodwill on acquisition of US$56.3 million - reducing net assets and increasing the loss for the period; • Reversal of provision for onerous contract during 2018 amounting to US$11.1 million - increasing Gross Profit; Fluence Corporation Limited 8 w i l l t h e n c o m m e n c e , w i t h l c o m p e t i o n o c c u r r i n g w i t h n i 2 4 m o n t h s t h e r e a f t e r . t o b e m a d e o n a i q u a r t e r l y b a s s , a n d p r o e c t j f i n a n c n g w i i l l b e f u r t h e r s u p p o r t e d b y a s p e c i f i c w o r k n g c a p i i t a l f a c i l i t y . i T h s w i l l i s g n i f i c a n t l y i n c r e a s e F u e n c e s l ’ c o n t r a c t e d b a c k o g l f o r e a c h o f t h e s e y e a r s . 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T h s i w i l l b e i a c h e v e d t h r o u g h c o m p a r e d t o U S $ 2 2 m i l l i o n i n 2 0 1 8 a n d U S $ 1 0 m i l l i o n i n 2 0 1 7 . R e v e n u e s f r o m S m a r t P r o d u c t l S o u t i o n s a r e f o r e c a s t t o a t l e a s t d o u b e l i n 2 0 1 9 t o m o r e t h a n U S $ 4 4 m i l l i o n , • • • S u b r e T M ( A s p i r a T M ( l I N R O B O X T M f o r M A B R ) f o r w a s t e w a t e r t r e a t m e n t ; M A B R ) i f o r e x s t i n g o r n e w w a s t e w a t e r t r e a t m e n t ; w a t e r d e s a l i n a t i o n a n d t r e a t m e n t o f b r a c k s h w a t e r ; i l F u e n c e C o r p o r a t i o n L m i i t e d ( c o n t i n u e d ) D i r e c t o r s ' R e p o r t 3 1 D e c e m b e r 2 0 1 8 i R e v e w o f o p e r a t i o n s ( c o n t i n u e d ) 7 i L k e l y d e v e l o p m e n t s a n d e x p e c t e d r e s u l t s o f o p e r a t i o n s D u r i n g t h e t l w e v e - m o n t h p e r i o d , t h e r e w a s i n o s g n i f i c a n t c h a n g e i n t h e s t a t e o f a f f a i r s o f t h e c o m p a n y . s o u l t i o n s f o r w a t e r a n d w a s t e w a t e r t r e a t m e n t , b a s e d o n t h e c o r e p r o d u c t p o r t f o l i o w h c h i h a s b e e n e s t a b l i s h e d : T h e G r o u p e x p e c t s t o c o n t i n u e t o g r o w i t s l g o b a l f o o t p r i n t t h r o u g h t h e d e s g n , i m a n u f a c t u r e a n d s a e l o f s m a r t p r o d u c t 6 • 5 i S g n i f i c a n t c h a n g e s i n t h e s t a t e o f a f f a i r s r e v e n u e a n d U S $ 3 . 5 m i l l i o n r e d u c t i o n i n e x p e n s e s . R e v i e w o f f i n a n c i a l r e s u l t s ( c o n t i n u e d ) I m p a c t o f h y p e r i n f l a t i o n a c c o u n t i n g a d u s t m e n t s j f o r t h e A r g e n t i n a B u s n e s s U n i t o f i U S $ 1 7 . 2 m i l l i o n r e d u c t i o n i n Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors Richard Irving Non-Executive Chairman Qualifications B. Sc. (First class honours) in Electrical Engineering, Manchester University, UK M. Sc. Electrical Engineering, Manchester University, UK Experience and expertise Richard Irving is the Non-Executive Chairman of Fluence Corporation Limited. In January 2019 following the release of the Company’s results for 2018, Mr. Irving stepped down from Executive Chairman to Non-Executive Chairman. Prior to Fluence Corporation Limited, Mr. Irving served as Executive Chairman & Chairman of Emefcy Group Limited from 2010. Based in Silicon Valley, Richard co-founded Pond Venture Partners in 1997 and brings over 30 years’ experience in venture capital, business management, marketing and engineering in technology companies including AT&T Bell Labs, AMD, and Brooktree. Richard has helped create over $3 billion in shareholder value through IPOs, acquisitions, and private financings. Past exits include LiveRail (Facebook), Gigle Networks (Broadcom), 4Home (Motorola Mobility), Transitive (IBM), and Microcosm Communications (Conexant). Richard also serves as a Venture Advisor to Samsung. Other current public company directorships Former public company directorships in last 3 years None None Special responsibilities Non-Executive Chairman Member of the Remuneration and Nomination Committee Interest in shares Interest in options Richard has an indirect interest through Pond Venture Nominees III Limited in 36,264,579 shares and a direct interest in 1,000,000 shares, for a total of 37,264,579 shares in the Group. Direct interest in: 950,000 Director options with an exercise price of A$1.20; 950,000 Director options with an exercise price of A$1.50 Contractual rights to shares Nil Fluence Corporation Limited 10 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Henry Charrabé Managing Director & CEO Qualifications Mr. Charrabé received a B.A. from the Freie Universität in Berlin and Tel Aviv University. He earned an M.A. in Political Science and an M.A. in International Economics and Finance, both from Brandeis University, as well as an M.A. in Public Administration from the John F. Kennedy School of Government at Harvard University. Experience and expertise Henry Charrabé serves as the Managing Director and Chief Executive Officer of Fluence. He brings more than a decade of experience in developing water management and investment solutions to his role at the Group. Prior to the establishment of Fluence, Mr. Charrabé served as President and Chief Executive Officer of RWL Water from its inception in 2010 up to the time of the acquisition by Emefcy Group Limited on 14 July 2017. During his tenure, Mr. Charrabé was instrumental in establishing RWL Water as a global player through strategic acquisitions and significant organic growth. Prior to RWL Water, Mr. Charrabé was a senior executive at RSL Investments Corporation in the United States and Europe. From 2003 to 2005, Mr. Charrabé served as Chief Operating Officer of W2W, an electrocoagulation wastewater technology company. Other current directorships Former directorships in last 3 years Nil Nil Special responsibilities Nil Interest in shares Nil Interest in options Direct interest in 11,191,336 Director options with an exercise price of A$0.93 Contractual rights to shares None Fluence Corporation Limited 11 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Ross Haghighat Non-Executive Director Qualifications Experience and expertise B.Sc. and a Masters in Material Science in Organometallic Chemistry, Rutgers University (USA). MBA, Boston College - Carroll School of Management (USA) Ross Haghighat serves as a Non-Executive Director for Fluence Corporation. He has over 30 years' of experience in the technology sector as founder or co-founder of half a dozen companies with a combined shareholder value exceeding $4.5B. With over 20 years' in operating and strategic roles and a decade in the investment arena, he has helped to create a number of global enterprises in the private and public space in the US, China, Australia and Europe. Mr. Haghighat was Non-Executive Director of Emefcy Group Limited from 2015. He serves as Chairman for Triton Systems Group - a Global Investment and Product Venturing firm. He serves as a Director at Aduro Biotech a clinical stage biopharma (Nasdaq: ADRO) and is Chairman of FRX Polymers, a specialty chemicals firm with operations in the US, Europe, and China. Other current directorships Aduro Biotech, Inc, Triton Systems, Inc, FRX Polymers, Inc, Redrock Biometrics, Inc., Angel Medical Systems, Inc. Former directorships in last 3 years None Special responsibilities Chair of the Remuneration and Nomination Committee Member of the Audit and Risk Committee until 28 August 2018 Interest in shares Direct interest in 500,000 shares Interest in options Direct interest in: 500,000 Director options with an exercise price of A$0.40; 700,000 Director options with an exercise price of A$1.20; 700,000 Director options with an exercise price of A$1.50. Contractual rights to shares None Fluence Corporation Limited 12 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Peter Marks Non-Executive Director Qualifications Experience and expertise B.Ec, LLB and Graduate Diploma in Commercial Law, Monash University, Melbourne, Australia MBA degree from the University of Edinburgh, Scotland (Scottish Business School) Peter Marks serves as Non-Executive Director for Fluence Corporation. Mr. Marks has over 30 years' of experience in corporate finance and investment banking, specialising in capital raisings (for listed and unlisted companies), underwriting, IPOs, corporate restructurings, and venture capital transactions with a focus on emerging technologies and life sciences. Furthermore, he has participated in over $3 billion in public and private capital raisings and has served as an Executive and Non-Executive Director of many entities which have been listed on the ASX, NASDAQ and AIM markets. Other current directorships Prana Biotechnology Limited (listed on ASX and NASDAQ), Noxopharm Ltd, Nyrada Inc. and Terragenic International Ltd Former directorships in last 3 years Nil Special responsibilities Member of the Remuneration and Nomination Committee Chair of the Audit and Risk Committee. Interest in shares Indirect interest in 2,754,403 shares through Lampam Pty Ltd. Interest in options Direct interest in: 500,000 Director options with an exercise price of A$0.40; 700,000 Director options with an exercise price of A$1.20; 700,000 Director options with an exercise price of A$1.50. Contractual rights to shares None Robert Wale Non-Executive Director (Ceased to be a director on 24 May 2018) Fluence Corporation Limited 13 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Dr Ramesh Rengarajan Non-Executive Director Qualifications Bachelor in Chemical Engineering from Annamalai University in India Masters in Chemical Engineering from University of Akron in Ohio, USA Doctorate in Chemical Engineering from University of Akron in Ohio, USA Experience and expertise Dr. Ramesh serves as Non-Executive Director for Fluence Corporation. Currently he is a partner at Eagletree Capital. Previously, Dr. Ramesh supported RWL Water’s efforts to evaluate the best water treatment technologies and companies around the world. Dr. Ramesh has held senior management positions at GE Water and Process Technologies, including Chief Technology Officer (CTO), a role which he held for more than four years. As CTO, Dr. Ramesh played a key role in the development and implementation of the strategy that led to the creation of GE’s $2.5 billion global water platform. While at GE, he also led the technology and engineering organisations for GE Sensing, GE Security, and GE Fanuc. He also served on the board of GE’s Asia Pacific American Forum. In addition to his role at GE, Dr. Ramesh served in numerous senior management roles over a two-decade career with A. Schulman, Inc., a global multi-billion-dollar specialty chemicals manufacturer. He also served on the International Advisory Board for the Ministry of Environment and Water, Government of Singapore from 2006-2016. He currently serves on the board of Students2Science a non-profit organisation serving inner-city schools by proving hands on lab training to teachers and students. Other current directorships Nil Former directorships in last 3 years Liqtech - (NYSE:LIQT) Special responsibilities Nil Interest in shares Nil Interest in options Direct interest in 1,500,000 Director options with an exercise price of A$0.835 Contractual rights to shares None Fluence Corporation Limited 14 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Arnon Goldfarb Non-Executive Director Qualifications Experience and expertise Arnon Goldfarb holds a B.Sc. in Chemistry from the Hebrew University, Jerusalem, Israel and a M.Sc. in Ocean Engineering from University of Rhode Island, USA. Arnon Goldfarb serves as Non-Executive Director for Fluence Corporation. Currently he is a partner at Israel Cleantech Ventures and has significant entrepreneurial experience and interests in chemistry, materials and industrial processes. Until early 2011, Arnon served as CEO of TMB Water, a water project company active in desalination, aquaculture and water treatment efforts in Israel and abroad, and the predecessor to RWL Water. Prior to establishing TMB in 2001, Arnon spent 17 years with Israel Chemicals Ltd., where he served as Corporate VP for Business Development and Chairman of the R&D, Fertilisers and Chemicals, and Ceramics units. He was also a director at ICL’s Israel Desalination Engineering (IDE) subsidiary as well as its potash, phosphate and bromine subsidiaries. Previously, Arnon worked in the oil and gas industry in Israel and the US as a production and facilities engineer with Superior Oil and Israel National Oil Co., and as a production and field manager for Israel’s Sadot natural gas field. Arnon serves as Chairman of Atlantium Technologies, as well as on the boards of TGA, a waste treatment facility, and TSP, a chemical company. Other current directorships Atlantium, TGA and TSP (see above) Former directorships in last 3 years Nil Special responsibilities Nil Interest in shares Nil Interest in options Direct interest in: 750,000 Director options with an exercise price of A$1.20; 750,000 Director options with an exercise price of A$1.50. Contractual rights to shares None Fluence Corporation Limited 15 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Information on directors (continued) Paul Donnelly Non-Executive Director (appointed 20 July 2018) Qualifications BSc (Hons) Chemistry, University of Southampton Advanced Management Programme, Harvard Business School Member of Institute of Chartered Accountants in England & Wales Graduate Australian Institute of Company Directors Experience and expertise Paul Donnelly serves as Non-Executive Director for Fluence Corporation. Mr. Donnelly is an accomplished financial services executive with international experience across all aspects of capital markets. Mr. Donnelly is an Executive Director at Macquarie Capital, where he has served since 1995 in various roles, including President & CEO of Macquarie’s Canadian Operations, and Global Head of Equity and Debt Capital Markets, among others. Mr. Donnelly has a broad range of sector experience, both in Australia and internationally, with particular skills in financial services, infrastructure and utilities. Over his twenty five-year career, he has gathered deep transactional experience advising on significant and complex transactions for leading Australian and international companies. Other current directorships Melbourne Recital Centre Former directorships in last 3 years Nil Special responsibilities Member, Audit and Risk Committee (from 28 August 2018) Interest in shares Indirect interest in 500,000 shares held by Tres Petitbijou Pty Ltd ATF Interest in options Contractual rights to shares Nil None Company secretary The Company Secretary is Ross Kennedy. Mr. Kennedy was appointed to the position of Company Secretary on 23 December 2015. Ross was previously Secretary and Executive General Manager of St Barbara Limited for ten years. Ross is an experienced Company Secretary, holding the professional qualifications of Fellow Governance Institute of Australia; Fellow Australian Institute of Company Directors; and Chartered Accountant. Fluence Corporation Limited 16 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Meetings of directors The number of meetings of the Group's Board of Directors (the "Board") and of each Board Committee held during the year ended 31 December 2018, and the number of meetings attended by each Director were: Fluence - for the year ended 31 December 2018 Mr Richard Irving Mr Henry Charrabé ** Mr Ross Haghighat Mr Peter Marks Mr Robert Wale (Ceased to be a director on 24 May 2018)** Dr Ramesh Rengarajan ** Mr Arnon Goldfarb ** Mr Paul Donnelly (appointed 20 July 2018) Mr Ross Kennedy (Company Secretary and Audit Committee member) Full Board Meetings of committees Remuneration and Nomination Audit A 16 16 16 16 8 12 16 6 16 B 16 16 16 16 8 16 16 7 16 A - - 2 3 - - - 2 3 B - - 3 3 - - - 2 3 A - - 1 1 - - - - - B 1 - 1 1 - - - - - A = Number of meetings attended B = Number of meetings held during the time the Director held office or was a member of the committee during the year ** = Not a member of a Board Committee Environmental regulation As a provider of water and wastewater treatment solutions, the Group is subject to environmental regulations in each jurisdiction in which it operates. The MABR has demonstrated compliance to China Class 1A effluent standards as well as to Title 22 Certification in California, USA. The consolidated entity is not subject to any other significant environmental regulation under Australian Commonwealth or State law. Remuneration report (Audited) (a) Principles used to determine the nature and amount of remuneration The Directors present the Fluence Corporation Limited 2018 remuneration report, outlining key aspects of our remuneration policy and framework, and remuneration awarded this year. Principles used to determine the nature and amount of remuneration The objective of the Group's executive reward framework is to ensure reward for performance is competitive in attracting and retaining talent and appropriate for the business results delivered. The framework aligns executive reward with the achievement of strategic objectives and the creation of value for shareholders, and conforms to generally accepted industry standards for remuneration. The Board ensures that executive reward satisfies the following key criteria in accordance with good reward governance practices: • Competitiveness to attract and retain talent; • Reasonableness in terms of industry benchmarks; • • • Acceptability to shareholders; Alignment of compensation incentives to business performance goals; and Transparency. Fluence Corporation Limited 17 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Principles used to determine the nature and amount of remuneration (continued) Remuneration is aligned to shareholders’ interests and program participants’ interests as follows: (a) Alignment to shareholders' interests: • • • Achievement of strategic goals as a core component of plan design; Include a focus for the CEO on growth in shareholder wealth, as measured by growth in the share price and in time, delivering constant or increasing return on assets as well as focusing the executives on key non-financial drivers of value; and Attracts and retains high calibre executives. (b) Alignment to program participants' interests: • • • Rewards capability and experience; Reflects competitive reward for successful execution of the business strategy and business performance; and Provides a clear structure for earning rewards. In accordance with best practice corporate governance, the structure of Non-Executive Directors and executive remuneration are separate. Directors remuneration Fees and payments to Non-Executive Directors reflect the demands and responsibilities of their role. Non-Executive Directors' fees and payments are reviewed annually by the Remuneration and Nomination Committee with recommendations made to the full Board. Concurrently, with the acquisition of RWL Water Group to form Fluence Corporation Limited on 14 July 2017, Mercer Consulting was engaged to advise on remuneration for the Executive Chair and Non-Executive Director roles. Mercer is regarded as one of the world’s largest remuneration benchmarking and consulting services companies. The firm was engaged by the Remuneration and Nomination Committee to recommend Executive Chair and Non-Executive Directors' fees, including Board Committee fees, are appropriate for the demands on being on the Board of a developing and global technology business, and as benchmarked against market rates for comparable positions for peer companies. In early 2019, the Executive Chairman role transitioned to Non-Executive Chair. The Board has determined that there will be no increase in Non-Executive Director fees for 2019. This follows the same decision in 2018, such that Non-Executive Director fees are unchanged from the Mercer Consulting recommendations in 2017. The Executive Chair's fees for 2018 were determined in parallel to the fees of other Non-Executive Directors, and also based on comparative roles in the external market. The Executive Chairman did not participate in any discussions relating to the determination of his own remuneration. In view of the growing and developing nature of the Company, Non-Executive Directors may also be engaged on specific projects, on commercial arm’s length terms, where the executive team either does not have the same skill sets or capacity. All such special purpose project arrangements are approved by the full Board with the relevant Director abstaining. than the Director Fee, Directors may receive share options but do not Other compensation. receive other incentives or Fluence Corporation Limited 18 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Directors remuneration (continued) ASX listing rules require the aggregate Non-Executive Directors remuneration be determined periodically by a general meeting. The most recent determination on 12 July 2017 was that shareholders approved an aggregate remuneration of US$ 767,000 (equivalent of AU$ 1,000,000). Executive remuneration The consolidated entity aims to reward executives with a level and mix of remuneration based on their position and responsibility, which has both fixed and variable components. The executive remuneration and reward framework has four components: Base pay and non-monetary benefits; Short-term performance incentives; Share-based payments; and • • • • Other remuneration such as superannuation and long service leave. The combination of these comprises the executive's total remuneration. As mentioned earlier, executive remuneration levels were considered by reference to a detailed benchmarking review of peer companies undertaken by Mercer Consulting in mid-2017. Fixed remuneration, consisting of base salary, superannuation and non-monetary benefits, were reviewed by the Remuneration and Nomination Committee based on the Mercer review following the acquisition of the RWL Water Group to form Fluence Corporation Limited. The review also had regard to individual responsibilities, performance and business unit performance. During 2018 Fluence experienced a year of organisation re-structuring and re-design of strategic goals for each part of the business. In view of these changes, and new appointments for most of the executive roles, the Board determined that upon achievement of key corporate performance metrics for 2018, discretionary short-term incentives will be payable to Executives, adjusted pro-rata for the number of quarters worked by each executive during the year. In the latter part of 2018, ClearBridge Compensation Group, was engaged to design an Executive remuneration system. The resulting recommendation adopted by the Board comprised a fixed base, a short-term incentive ("STI") program incorporating Company and individual targets and the continuing long-term incentive (“LTI”) program incorporating equity-based compensation. The STI program for 2019 is comprised of specific Company-wide targets and tailored individual targets to aligned to specific areas of responsibility. Key Performance Indicators ("KPI's") include meeting or exceeding budget goals for the year. The LTI program is comprised of equity-based remuneration in the form of unlisted options. An employee option plan was originally approved by shareholders on 17 November 2015. Options are awarded to executives as long-term incentives aligned to shareholder wealth through the exercise price being calculated at a premium to volume weighted average market price prior the date of grant. Appropriately structured LTI's also provide incentives to retain talent. Certain executive options are comprised of a 50% time vesting element and a 50% performance based vesting element. Fluence Corporation Limited 19 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Business performance in 2018 and executive remuneration Fluence undertakes its activities on a global basis and employs staff across multiple geographies. As part of its practice of recruiting and retaining staff of the highest calibre on a long-term basis, the Company is constantly monitoring and developing compensation practices. As noted above, international benchmarking is used as an important tool in setting remuneration practices. In view of the significant business development achievements during 2018 including revenue in excess of US$100 million, a significant reduction in EBITDA losses, strong business growth in China and increasing sales of Smart Packaged Products, discretionary executive bonuses have been awarded for 2018. Consolidated entity performance and link to remuneration The Remuneration and Nomination Committee is of compensation will continue to increase shareholder wealth if maintained over the coming years. the opinion that the adoption of performance-based As previously noted, key management personnel bonuses for the year 2019 will be considered by the Remuneration and Nomination Committee and the Board on the basis of both the individual’s and consolidated entity’s performance during the financial year. Directors consider that the option program and the exercise prices provide incentives to management and Directors which are aligned with the interests of shareholders to lift the value of the company in the medium term. Any remuneration derived by employees from the employee option program is directly linked to the improved share price performance of the consolidated entity relative to the exercise price determined at the time of the issue of the options. (b) Details of remuneration Amounts of remuneration (shown in USD) The following tables show details of the Group's executive key management personnel for the current and previous financial year measured in accordance with the requirements of the accounting standards. the remuneration expense recognised for Remuneration for the year ended 31 December 2017 has been split between the period from 1 January 2017 to 13 July 2017 and 14 July 2017 to 31 December 2017, reflecting the material change in the company on acquisition of RWL Water Group. Fluence Corporation Limited 20 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Directors and other key management personnel for 2018 consisted of: • Richard Irving - Non-Executive Chairman • Henry Charrabe - Managing Director and Chief Executive Officer (CEO) • Peter Marks - Non-Executive Director • Ross Haghighat - Non-Executive Director • Robert Wale - Non-Executive Director (ceased to be a director on 24 May 2018) • Ramesh Rengarajan - Non-Executive Director • Arnon Goldfarb - Non-Executive Director • Paul Donnelly - Non-Executive Director (appointed 20 July 2018) • Francesco Fragasso - Chief Financial Officer (appointed 2 April 2018) • Anthony Hargrave - Chief Operating Officer (appointed 16 May 2018) • Erik Arfalk - Chief Marketing Officer (appointed 15 March 2018) • Spencer Smith - Chief Legal Officer (determined as a key management personnel 1 January 2018) • Philippe Laval - Chief Operating Officer (resigned on 31 August 2018) • Robert Wowk - Chief Financial Officer (resigned on 31 May 2018) Directors and other key management personnel for the period 1 January 2017 to 13 July 2017 consisted of: • Richard Irving - Executive Chairman • Eytan Levy - Managing Director and Chief Executive Officer (CEO) • Peter Marks - Non-Executive Director • Ross Haghighat - Non-Executive Director • Robert Wale - Non-Executive Director • Ross Kennedy - Company Secretary and Advisor to the Board • Ronen Shechther - Chief Technology Officer • Yaron Bar-Tal - Vice President of Engineering • Lior Zitershpiler - Vice President of Finance • Ilan Wilf - Vice President of Global Sales and Business Development Directors and other key management personnel for the period 14 July 2017 to 31 December 2017 consisted of: • Richard Irving - Executive Chairman • Henry Charrabe - Managing Director and Chief Executive Officer (CEO) • Eytan Levy - Executive Director (resigned 31 August 2017) • Peter Marks - Non-Executive Director • Ross Haghighat - Non-Executive Director • Robert Wale - Non-Executive Director • Ramesh Rangarajan - Non-Executive Director • Arnon Goldfarb - Non-Executive Director • Ross Kennedy - Company Secretary and Advisor to the Board • Philippe Laval - Chief Operating Officer • Robert Wowk - Chief Financial Officer Fluence Corporation Limited 21 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Special projects $ Cash salary and fees Total salary and fees $ Bonus (Note 1) $ Standard $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 900,000 900,000 186,846 110,613 107,533 89,686 89,686 52,358 38,801 675,523 - - - - - - - - - - 900,000 900,000 144,122 144,122 255,232 255,232 186,846 110,613 107,533 89,686 89,686 52,358 38,801 675,523 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 694,793 1,994,147 694,793 1,994,147 70,743 52,126 52,126 257,589 162,739 159,659 89,811 9,096 179,497 98,782 - 52,358 64,864 103,665 338,766 1,014,289 2018 Executive directors: Henry Charrabé* Total Non-executive directors: Richard Irving Peter Marks Ross Haghighat Ramesh Rengajan Arnon Goldfarb Paul Donnelly (appointed 20 July 2018 Robert Wale Ceased to be a director on 24 May 2018) Total Fluence Corporation Limited 22 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Special projects $ Cash salary and fees Total salary and fees $ Bonus $ Standard $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 204,271 181,250 174,167 295,000 233,328 205,002 1,293,018 2,868,541 - - - - - - - - 204,271 74,229 - 181,250 174,167 295,000 233,328 205,002 1,293,018 2,868,541 51,051 39,600 66,375 100,000 - 331,255 475,377 - - - - - - 255,232 - - - - - - - - - - - - - - - - - - - - - - - - 50,575 329,075 17,540 31,610 36,959 113,209 - 249,841 245,377 398,334 446,537 205,002 249,893 1,874,166 1,283,452 4,882,602 2018 Other key management personnel: Francesco Fragasso* Anthony Hargrave* Erik Arfalk* Spencer Smith* Philippe Laval Robert Wowk Total Grand total Fluence Corporation Limited 23 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) *Percentage of remuneration subject to performance in 2018 is as follows: Name Henry Charrabé Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Percentage 19.5% 30.2% 23.9% 22.6% 16.7% Note 1 Some cash bonuses are dependent on meeting defined performance measures. The amount of bonus is determined having regard to the satisfaction of performance measures. The amounts payable are determined at the end of each fiscal year by the Nomination and Remuneration Committee. Name Henry Charrabé Cash bonus paid/payable 2018 11.5% 2017 Cash bonus forfeited 2017 2018 50% 88.5% 50% Bonuses paid in the 2018 financial year were discretionary bonuses approved by the Board relating to corporate and operating performance. Fluence Corporation Limited 24 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Special projects* $ Cash salary and fees Total salary and fees $ Bonus $ Standard $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 84,291 154,654 238,945 39,877 24,614 66,362 130,853 - - 84,291 154,654 238,945 - 55,710 55,710 53,680 53,680 39,877 78,294 66,362 184,533 - - - - - - - - - - - - 29,405 29,405 - - - - - - - - - - - - - - - - - - - 139,671 139,671 84,291 379,440 463,731 - - - - 39,877 78,294 66,362 184,533 Emefcy 1-1-17 to 13-7-17 Executive directors: Richard Irving Eytan Levy Total Non-executive directors: Peter Marks Robert Wale Ross Haghighat Total Fluence Corporation Limited 25 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Special projects* $ Cash salary and fees Total salary and fees $ Bonus $ Standard $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 44,478 105,286 101,589 62,400 94,203 407,956 777,754 23,006 - - - - 23,006 76,686 67,484 105,286 101,589 62,400 94,203 430,962 854,440 - 25,912 26,323 20,565 24,678 97,478 153,188 - - - - - - - - 20,677 16,480 10,921 15,779 63,857 93,262 - - - - - - - - - - - - - - 67,484 - 151,875 - 149,267 4,875 97,136 3,250 254,333 119,673 127,798 720,095 267,469 1,368,359 Emefcy 1-1-17 to 13-7-17 Other key management personnel: Ross Kennedy Ronen Shechter Yaron Bar-Tal Lior Zitershpiler Ilan Wilf Total Grand total * Short-term cash salary and fee remuneration, classified as 'special projects', comprises remuneration paid to KMP's in relation to one-off, ad hoc projects throughout the year. Such remuneration is not expected to re-occur in the future. Fluence Corporation Limited 26 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Fluence 14-7-17 to 31-12-17 Short-term benefits Post-employment benefits Cash salary and fees Superannuation Long service leave Long-term benefits Equity settled shares Share-based payments Equity settled options Total Standard $ Special projects* $ Total salary and fees $ Bonus $ Allowance $ $ $ $ $ $ Executive directors: Richard Irving Henry Charrabé** Total Non-executive directors: Peter Marks Robert Wale Ross Haghighat Ramesh Rengarajan Arnon Goldfarb Total 88,253 335,189 423,442 52,019 42,796 52,018 44,688 23,790 215,311 - - - - - - - - - 88,253 335,189 423,442 52,019 42,796 52,018 44,688 23,790 215,311 - 300,000 300,000 - - - - - - - - - - - - - - - - 17,795 17,795 - - - - - - - - - - - - - - - - - - - - - - - - 36,142 124,395 249,883 902,867 286,025 1,027,262 26,631 79,313 78,650 122,109 24,899 76,917 43,574 88,262 - 174,417 23,790 389,728 Fluence Corporation Limited 27 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Post-employment benefits Cash salary and fees Superannuation Long service leave Long-term benefits Equity settled shares Share-based payments Equity settled options Total Standard $ Special projects* $ Total salary and fees $ Bonus $ Allowance $ $ $ $ $ $ 42,944 76,686 119,630 - 145,833 206,784 395,561 1,034,314 - - 76,686 76,686 145,833 206,784 472,247 1,111,000 50,000 - 50,000 350,000 1,812,068 153,372 1,965,440 503,188 - - - - - - - - - - 17,795 111,057 - - - - - - - - - - - - 16,415 136,045 35,789 - 52,204 231,622 206,784 574,451 512,646 1,991,441 780,115 3,359,800 Fluence 14-7-17 to 31-12-17 Other key management personnel: Ross Kennedy Phillippe Laval** Robert Wowk Total Grand total Grand total (1-1-17 to 31-12-17) *Short-term cash salary and fee remuneration, classified as 'special projects', comprises remuneration paid to KMP's in relation to one-off, ad hoc projects throughout the year. Such remuneration is not expected to re-occur in the future. **Henry Charrabe and Phillippe Laval's percentage of remuneration subject to performance is 37.6% and 32.3% respectively. Bonuses paid in the 2017 financial year were discretionary bonuses approved by the Board relating to corporate and operating performance. Fluence Corporation Limited 28 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of shares The number of shares in the Group held during the period by each Director and other Key Management Personnel, including their personally related parties, are set out below. Balance at the start of the year Received as compensation Options exercised Net change other Total 2018 Executive Directors Henry Charrabé Non-Executive Directors Richard Irving* Peter Marks * Ross Haghighat* Ramesh Rengarajan Arnon Goldfarb Robert Wale (ceased to be a director on 24 May 2018) Paul Donnelly (appointed 20 July 2018) Key Management Personnel Francesco Fragasso (appointed 2 April 2018) Anthony Hargrave (appointed 16 May 2018) Erik Arfalk (appointed 15 March 2018) Spencer Smith (determined as KMP 1 January 2018) Philippe Laval (resigned 31 August 2018) Robert Wowk (resigned 31 May 2018) - 36,264,579 2,254,403 - - - - - 38,518,982 - - - - - - - - - - - - - - - - - - - - - - - - 1,000,000 500,000 500,000 - - - - 2,000,000 - - - - - - - Total 38,518,982 - 2,000,000 *An amount of US$473,744 was paid for options exercised during the year by the following Directors: Name Richard Irving Ross Haghighat Peter Marks Amount paid 257,092 108,326 108,326 - - - - - - - - - - - - - - - - - - 37,264,579 2,754,403 500,000 - - - - 40,518,982 - - - - - - - 40,518,982 Fluence Corporation Limited 29 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of shares (continued) 2017 Executive directors Richard Irving - see Note 2 below Henry Charrabé (appointed 14 July 2017) Eytan Levy (resigned 31 August 2017) - see Note 1 below Directors Peter Marks * Robert Wale Ross Haghighat Ramesh Rengarajan (appointed 14 July 2017) Arnon Goldfarb (appointed 19 September 2017) Key Management Personnel Ross Kennedy Ronen Schechter (1 January 2017 through 14 July 2017) - see Note 1 below Yaron Bar-Tal (1 January 2017 through 14 July 2017) - see Note 1 below Lior Zitershpiler (1 January 2017 through 14 July 2017) - see Note 1 below Ilan Wilf (1 January 2017 through 14 January 2017) Phillip Laval (Since 14 July 2017) Robert Wowk (Since 14 July 2017) Total Balance at the start of the year Received as compensation Options exercised Net change other Total 28,944,080 - 9,267,810 38,211,890 1,854,403 - - - - 1,854,403 210,000 9,267,810 782,149 325,896 - - - 10,585,855 50,652,148 - - - - - - - - - - - - - - - - - - - - - - - 7,320,499 36,264,579 - - - (9,267,810) (1,947,311) 36,264,579 400,000 - - - - 400,000 - - - - - - - - - - - - - - - 2,254,403 - - - - 2,254,403 210,000 (9,267,810) (782,149) (325,896) - - - (10,375,855) - - - - - - 210,000 400,000 (12,323,166) 38,728,982 Note 1 A negative adjustment is shown where the person ceased to be a director or KMP during the year. *An amount of US$44,320 was paid for options exercised during the year by Peter Marks. Fluence Corporation Limited 30 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of options The number of options over ordinary shares in the Group held during the period by each Director and other Key Management Personnel, including their personally related parties, are set out below. An Employee Option Plan was approved by shareholders on 17 November 2015. Refer to description of Long Term Incentives under executive remuneration for details. 2018 Executive directors Henry Charrabé Directors Richard Irving Peter Marks Ross Haghighat Ramesh Rangarajan Arnon Goldfarb Robert Wale (Ceased to be a director on 24 May 2018) Paul Donnelly (appointed 20 July 2018) Balance at start of year Granted as compensation Option expired / exercised Net change other Balance at end of year Vested & Exercisable Escrowed / Unvested 11,191,336 11,191,336 2,900,000 2,400,000 2,400,000 1,500,000 - 2,000,000 - 11,200,000 - - - - (1,000,000) (500,000) (500,000) - - - - - - 1,500,000 - - 1,500,000 - - (2,000,000) (2,000,000) - (2,000,000) - - - - - - - 11,191,336 11,191,336 2,941,557 2,941,557 8,249,779 8,249,779 1,900,000 1,900,000 1,900,000 1,500,000 1,500,000 - - 8,700,000 - 500,000 500,000 - - - - 1,000,000 1,900,000 1,400,000 1,400,000 1,500,000 1,500,000 - - 7,700,000 Fluence Corporation Limited 31 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of options (continued) 2018 Key Management Personnel Francesco Fragasso (appointed 2 April 2018) Anthony Hargrave (appointed 16 May 2018) Erik Arfalk (appointed 15 March 2018) Spencer Smith (determined as a KMP 1 January 2018) Philippe Laval (resigned 31 August 2018) Robert Wowk (resigned 31 May 2018) Balance at start of year Granted as compensation Option expired / exercised Net change other Balance at end of year Vested & Exercisable Escrowed / Unvested - - - 350,000 1,500,000 - 1,850,000 800,000 500,000 500,000 75,000 100,000 100,000 2,075,000 - - - - - - - - - - - (1,600,000) (100,000) (1,700,000) 800,000 500,000 500,000 425,000 - - 2,225,000 75,000 31,250 46,875 206,250 - - 359,375 725,000 468,750 453,125 218,750 - - 1,865,625 Total 24,241,336 3,575,000 (2,000,000) (3,700,000) 22,116,336 4,300,932 17,815,404 Fluence Corporation Limited 32 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of options (continued) 2017 Executive Directors Richard Irving Henry Charrabe (Since 14 July 2017) Eytan Levy (resigned 31 August 2017) Directors Peter Marks Robert Wale Ross Haghighat Ramesh Rangarajan (Since 14 July 2017) Arnon Goldfarb (Since 19 September 2017) Key Management Personnel Ross Kennedy Ronen Shechter Yaron Bar-Tal Lior Zitershpiler Ilan Wilf Philippe Laval (Since 14 July 2017) Robert Wowk (Since 14 July 2017) Balance at start of year Granted as compensation Option Expired Net change other Balance at end of year Vested & Exercisable Escrowed / Unvested 1,000,000 - 4,000,000 5,000,000 1,900,000 11,191,336 1,000,000 14,091,336 - - - - - - (5,000,000) (5,000,000) 2,900,000 11,191,336 - 14,091,336 1,000,000 699,458 - 1,699,458 1,900,000 10,491,878 - 12,391,878 1,400,000 500,000 1,000,000 - - 2,900,000 200,000 - 265,768 177,178 1,500,000 - - 2,142,946 1,400,000 1,500,000 1,400,000 1,500,000 - 5,800,000 500,000 - - - - 1,500,000 - 2,000,000 (400,000) - - - - (400,000) - - - - - - - - - - - - - - - - (265,768) (177,178) (1,500,000) - - (1,942,946) 2,400,000 2,000,000 2,400,000 1,500,000 - 8,300,000 700,000 - - - - 1,500,000 - 2,200,000 1,000,000 250,000 1,000,000 - - 2,250,000 - - - - - 93,750 - 93,750 1,400,000 1,750,000 1,400,000 1,500,000 - 6,050,000 700,000 - - - - 1,406,250 - 2,106,250 Total 10,042,946 21,891,336 (400,000) (6,942,946) 24,591,336 4,043,208 20,548,128 Fluence Corporation Limited 33 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year For the period, options were issued to directors as approved by shareholders and to Key Management Personnel under the Fluence Corporation Limited Employee Share Option Plan amended (2017). In accordance with AASB 2 Share Based Payments IGI 4, the tables include employee options agreed to be issued up to and including 31 December 2018. Commencing in 2018, options issued to Key Management Personnel vest 50% on a time basis in 16 equal quarterly increments subject to the employee continuing to be employed by the Group at the vesting date and 50% subject to meeting annual performance criteria. Details of options granted to directors and other key management personnel as compensation during the reporting period are as follows: Fluence Corporation Limited 34 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year (continued) 2018 Executive Directors Henry Charrabé Non-Executive Directors Richard Irving Peter Marks Ross Haghighat Ramesh Rengarajan Arnon Goldfarb Paul Donnelly Key Management Personnel Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Philippe Laval Robert Wowk Grant date No. of options granted No. of options vested Fair value per option at grant date US$ Exercise price AU$ Expiry date Value of options at grant date US$ - - - - - - 31 July 2018 31 July 2018 - 26 March 2018 28 June 2018 26 March 2018 26 March 2018 10 January 2018 2 March 2018 - - - - 750,000 750,000 - 800,000 500,000 500,000 75,000 100,000 100,000 - - - - - - - - 75,000 31,250 46,875 75,000 100,000 100,000 - - - - - 0.0339 0.0240 - 0.1436 0.1100 0.1436 0.1426 0.1369 0.1055 - - - - - 1.20 1.50 - - - - - - 31 July 2022 31 July 2022 - 0.48 25 May 2022 0.46 27 August 2022 25 May 2022 0.48 25 May 2022 0.48 0.58 0.53 11 March 2022 1 May 2022 - - - - - 25,425 18,000 - 114,880 55,000 71,800 10,695 13,690 10,550 Fluence Corporation Limited 35 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year (continued) Fluence 14-7-17 to 31-12-17 Grant date No. of options granted No. of options vested Fair value per option at grant date US$ Exercise price AU$ Expiry date Executive directors Richard Irving Henry Charrabe Non-executive directors Peter Marks Robert Wale Ross Haghighat 14 July 2017 14 July 2017 31 May 2017 31 May 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 950,000 950,000 5,595,664 5,595,664 700,000 700,000 750,000 750,000 700,000 700,000 Ramesh Rengarajan (Appointed 14 July 2017) Arnon Goldfarb (Appointed 19 September 2017) 14 July 2017 1,500,000 - - - - 670,314 - - - - - - - - - 0.1809 0.1458 0.3202 0.2418 0.1809 0.1458 0.1809 0.1458 0.1809 0.1458 0.2495 - Value of options at grant date US$ 171,860 138,533 1,791,760 1,353,072 126,633 102,077 135,679 109,368 126,633 102,077 1.20 1.50 0.93 0.93 1.20 1.50 1.20 1.50 1.20 1.50 13 July 2021 13 July 2021 25 May 2025 25 May 2025 13 July 2021 13 July 2021 13 July 2021 13 July 2021 13 July 2021 13 July 2021 0.835 13 July 2021 374,220 - - - Fluence Corporation Limited 36 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year (continued) Fluence 14-7-17 to 31-12-17 Grant date No. of options granted No. of options vested Fair value per option at grant date US$ Exercise price AU$ Expiry date Value of options at grant date US$ Key Management Personnel Philippe Laval Robert Wowk Ross Kennedy 31 May 2017 31 May 2017 - 14 July 2017 14 July 2017 750,000 750,000 - 250,000 250,000 89,844 - - - - 0.3346 0.2596 - 0.1809 0.1458 0.85 0.85 - 1.20 1.50 25 May 2025 25 May 2025 - 13 July 2021 13 July 2021 250,966 194,676 - 45,226 36,456 Fluence Corporation Limited 37 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements Remuneration and other terms of employment for key management personnel are formalised in service agreements. Details of these agreements are as follows: Richard Irving Non-Executive Chairman Name: Title: Agreement commenced: 18 December 2015. Mr Irving was previously Executive Chairman of Emefcy Limited Term of agreement: Details: Open Executive Chairman Director fees of US$186,846 (AU$250,000) fees per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee Name: Title: Agreement commenced: 18 December 2015 Term of agreement: Details: Ross Haghighat Non-Executive Director Open Non-executive Director fees of US$89,686 (AU$120,000) per annum plus Chair of Remuneration and Nomination Committee fees of US$11,958 (AU$16,000) per annum and Member of Audit and Risk Committee fees of US$8,969 (AU$12,000) per annum paid pro-rata to August 28 2018. Name: Title: Agreement commenced: 12 May 2015 Term of agreement: Details: Peter Marks Non-Executive Director Open Non-Executive Director fees of US$89,686 (AU$120,000) per annum plus Member of Remuneration and Nomination Committee fees of US$8,969 (AU$12,000) per annum and Chair of Audit and Risk Committee fees of US$11,958 (AU$16,000) per annum. Remuneration is reviews annually by the Remuneration and Nomination Committee. Name: Title: Agreement commenced: 5 April 2016 Term of agreement: Details: Robert Wale Non-Executive Director (Ceased to be a director on 24 May 2018) Closed Non-Executive Director fees of US$89,686 (AU$120,000) per annum paid pro-rata to 24 May 2018. Name: Title: Agreement commenced: 14 July 2017 Term of agreement: Details: Dr. Rengarajan Ramesh Non-executive Director Open Non-executive director fees of US$89,686 (AU$120,000) per annum. Remuneration is to be reviewed annually by the Remuneration and Nomination Committee. Name: Title: Agreement commenced: 19 September 2017 Term of agreement: Details: Arnon Goldfarb Non-executive Director Open Non-executive director fees of US$89,686 (AU$120,000) per annum. Remuneration is to be reviewed annually by the Remuneration and Nomination Committee. Fluence Corporation Limited 38 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: 20 July 2018 Term of agreement: Details: Paul Donnelly Non-executive Director Open Non-executive director fees of US$89,686 (AU$120,000) per annum paid pro-rata from July 2018 plus Member of Audit and Risk Committee fees of US$8,969 (AU$12,000) per annum paid pro-rata from August 2018. Remuneration is to be reviewed annually by the Remuneration and Nomination Committee. Name: Title: Agreement commenced: 26 May 2017 Term of agreement: Details of remuneration: Henry Charrabé Managing Director and Chief Executive Officer Initial two-year term followed by automatic one-year renewals. Cash salary and fees US$600,000 (base salary) Bonuses and deferred remuneration US$300,000 (year-end deferred remuneration annually) Henry Charrabé Discretionary bonus of up to US$75,000, payable annually A cash bonus of up to 100% of base salary for outperformance on one or more of his performance metrics for 2018 Other Benefits Health insurance and other health and welfare benefits for Mr. Charrabé and his family (capped at 30% of base salary) Housing allowance of US$255,232 per annum Employment Based Option Remuneration: Number of options granted 5,595,668 Grant date Exercise Price Vesting Period 31 May 2017 AU$0.93 Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) month period over four (4) years, commencing on 26 May 2017 (Share Purchase Agreement signing date). Fluence Corporation Limited 39 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Performance Based Option Remuneration: Number of options granted 5,595,668 Grant date Exercise Price Vesting Period 31 May 2017 AU$0.93 Options are exercisable in equal annual instalments at the end of each consecutive twelve (12)-month period over a four (4)-year period commencing on the SPA Signing Date. Vesting of these options will be subject to meeting performance criteria established by the Board. If there is a change in control of the Company, however, all of the then unvested options will immediately vest and become exercisable. In addition, all of the options will expire on the earlier of 60 days after termination of Mr Charrabé’s employment and the 8th anniversary of the SPA Signing Date. Fluence Corporation Limited 40 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Mr Fragasso joined Fluence Corporation Limited on 2 April 2018 Notice period by either party of 60 days Term of agreement: Details of remuneration: Francesco Fragasso Chief Financial Officer Cash salary and fees US$265,000 (base salary) Bonuses and deferred remuneration Discretionary bonus of up to 40% of base salary Francesco Fragasso Other Benefits Health insurance for Mr. Fragasso and his family Employment Based Option Remuneration: Number of options granted 400,000 Grant date Exercise price Vesting period 26 March 2018 AU$0.48 Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) months period over four (4) years, commencing on 26 March 2018 Performance Based Option Remuneration: Number of options granted 400,000 Grant date Exercise price Vesting period 26 March 2018 AU$0.48 Options are exercisable in equal annual instalments at the end of each consecutive twelve (12) months period over four (4) years period, commencing on 26 March 2018. Vesting of these options will be subject to meeting performance criteria established by the Board. Fluence Corporation Limited 41 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Mr Hargrave joined Fluence Corporation Limited on 16 May 2018 Notice period by either party of 90 days Term of agreement: Details of remuneration: Anthony Hargrave Chief Operating Officer Cash salary and fees US$300,000 (base salary) Bonuses and deferred remuneration Discretionary bonus Anthony Hargrave Other Benefits Health insurance for Mr. Hargrave and his family Employment Based Option Remuneration: Number of options granted 250,000 Grant date Exercise price Vesting period 28 June 2018 AU$0.46 Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) months period over four (4) years, commencing on 28 June 2018 Performance Based Option Remuneration: Number of options granted 250,000 Grant date Exercise price Vesting period 28 June 2018 AU$0.46 Options are exercisable as follows: 12.5% on 31 January 2019, 75% in 3 equal instalments on 31 January 2020, 31 January 2021 and 31 January 2022 with the remaining 12.5% on 31 July 2022. Vesting of these options will be subject to meeting performance criteria established by the Board. Fluence Corporation Limited 42 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Mr Arfalk joined Fluence Corporation Limited on 15 March 2018 Term of agreement: Details of remuneration: Erik Arfalk Chief Marketing Officer Notice period by either party of 30 days Erik Arfalk Cash salary and fees US$220,000 (base salary) Bonuses and deferred remuneration Discretionary bonus of up to 25% of base salary Other Benefits Health insurance for Mr. Arfalk and his family Employment Based Option Remuneration: Number of options granted 250,000 Grant date Exercise price Vesting period 26 March 2018 AU$0.48 Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) months period over four (4) years, commencing on 26 March 2018 Performance Based Option Remuneration: Number of options granted 250,000 Grant date Exercise price Vesting period 26 March 2018 AU$0.48 Options are exercisable in equal annual instalments at the end of each consecutive twelve (12) months period over four (4) years period, commencing on 26 March 2018. Vesting of these options will be subject to meeting performance criteria established by the Board. Fluence Corporation Limited 43 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Mr Smith joined Fluence Corporation Limited on 31 May 2016 Term of agreement: Details of remuneration: Notice period by either party of 30 days Spencer Smith Chief Legal Officer Spencer Smith Cash salary and fees US$260,000 (base salary) Bonuses and deferred remuneration US$35,000 (year-end deferred remuneration annually) Discretionary bonus Other Benefits Health insurance Mr. Smith and his family Employment Based Option Remuneration: Number of options granted 350,000 14 July 2017 AU$0.84 Grant date Exercise price Vesting period Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) months period over four (4) years, commencing on 14 July 2017 Options are fully vested 75,000 26 March 2018 AU$0.48 [This concludes the Remuneration Report, which has been audited] Fluence Corporation Limited 44 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Shares under option Unissued ordinary shares Unissued ordinary shares of Fluence Corporation Limited under option at the date of this report are as follows: Date options granted Expiry date Issue price of shares Number under option 18 December 2015 28 January 2016 11 April 2016 29 February 2016 29 February 2016 29 February 2016 29 February 2016 23 March 2016 23 March 2016 23 March 2016 23 March 2016 17 May 2016 17 May 2016 18 May 2016 18 May 2016 15 June 2016 25 July 2016 25 August 2016 23 September 2016 27 October 2016 1 November 2016 23 September 2016 9 February 2017 20 December 2016 9 February 2017 28 March 2017 8 March 2017 8 March 2017 5 May 2017 31 May 2017 31 May 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 19 July 2017 1 July 2017 7 September 2017 14 September 2017 14 July 2017 10 January 2018 26 March 2018 28 June 2018 18 December 2019 31 January 2019 13 April 2020 23 December 2019 23 December 2019 28 February 2020 28 February 2020 23 March 2020 23 March 2020 12 April 2020 12 April 2020 16 May 2020 28 May 2020 18 May 2020 18 May 2021 31 May 2020 25 July 2020 25 August 2020 25 September 2020 26 October 2020 31 October 2020 9 November 2020 9 February 2021 20 December 2020 10 January 2021 4 March 2021 31 March 2019 31 March 2019 3 May 2021 25 May 2025 25 May 2025 13 July 2021 13 July 2021 13 July 2021 25 May 2025 14 July 2019 6 July 2021 30 September 2019 13 November 2021 10 September 2021 11 March 2022 25 May 2022 27 August 2022 AU 40 cents AU 40 cents AU 35 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 59 cents AU 59 cents AU 40 cents AU 40 cents AU 93 cents AU 79 cents AU 87 cents AU 1.00 dollar AU 1.07 dollars AU 74 cents AU 1.00 dollar AU 1.00 dollar AU 87 cents AU 84 cents AU 82 cents AU 72 cents AU 72 cents AU 86 cents AU 93 cents AU 85 cents AU 1.20 dollars AU 1.50 dollars AU 84 cents AU 84 cents AU 0.72 cents AU 97 cents AU 75 cents AU 86 cents AU 81 cents AU 58 cents AU 48 cents AU 46 cents 2,000,000 1,940,000 500,000 431,473 431,473 100,000 100,000 75,000 75,000 50,000 50,000 400,000 100,000 1,000,000 1,000,000 1,000,000 250,000 325,000 200,000 350,000 500,000 200,000 350,000 75,000 25,000 1,000,000 2,000,000 1,000,000 175,000 11,191,336 347,389 3,850,000 3,850,000 1,500,000 350,000 300,000 100,000 750,000 1,140,000 3,800,000 180,000 1,375,000 500,000 Fluence Corporation Limited 45 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Shares under option (continued) Unissued ordinary shares (continued) Date options granted Expiry date Issue price of shares Number under option 31 July 2018 31 July 2018 31 July 2022 31 July 2022 AU 1.20 dollars AU 1.50 dollars 750,000 750,000 46,436,671 Insurance of officers and indemnities (a) Insurance of officers The Group has indemnified the Directors and executives of the Group for costs incurred, in their capacity as a Director or executive, for which they may be held personally liable, except where there is a lack of good faith. During the financial year, the Group paid a premium in respect of a contract to insure the Directors and executives of the Group against a liability to the extent permitted by the Corporations Act 2001. The contract of insurance prohibits disclosure of the nature of the liability and the amount of the premium. (b) Indemnity of auditors The Group has not, during or since the end of the financial year, indemnified or agreed to indemnify the auditor of the Group or any related entity against a liability incurred by the auditor. During the financial year, the Group has not paid a premium in respect of a contract to insure the auditor of the Group or any related entity. Proceedings on behalf of the Group No person has applied to the Court under section 237 of the Corporations Act 2001 for leave to bring proceedings on behalf of the Group, or to intervene in any proceedings to which the Group is a party, for the purpose of taking responsibility on behalf of the Group for all or part of those proceedings. Non-audit services Details of the amounts paid or payable to the auditor for audit and non-audit services provided during the year are set out in Note 23 in the financial statements. The board of Directors has considered the position and, in accordance with advice received from the audit committee, is satisfied that the provision of the non-audit services is compatible with the general standard of independence for auditors imposed by the Corporations Act 2001. The Directors are satisfied that the provision of non-audit services by the auditor, as set out below, did not compromise the auditor independence requirements of the Corporations Act 2001 for the following reasons: • • all non-audit services have been reviewed by the Audit Committee to ensure they do not impact the impartiality and objectivity of the auditor none of the services undermine the general principles relating to auditor independence as set out in APES 110 Code of Ethics for Professional Accountants. Auditor's independence declaration A copy of the auditor's independence declaration as required under section 307C of the Corporations Act 2001 is set out on page 48. Fluence Corporation Limited 46 Fluence Corporation Limited Directors' Report 31 December 2018 (continued) Rounding of amounts The amounts contained in the directors’ report and in the financial report have been rounded to the nearest $1,000 (where rounding is applicable) under the option available to the Company under ASIC Corporations (Rounding in Financial/Directors’ Report) Legislative Instrument 2016/191. The Company is an entity in which the Legislative Instrument applies. Corporate Governance Statement In accordance with ASX listing Rule 4.10.3, the Group’s Corporate Governance Statements can be found on its website https://www.fluencecorp.com/investor-news/. For and on behalf of the Directors Henry Charrabé Managing Director & CEO 29 March 2019 New York Fluence Corporation Limited 47 Tel: +61 3 9603 1700 Fax: +61 3 9602 3870 www.bdo.com.au Collins Square, Tower Four Level 18, 727 Collins Street Melbourne VIC 3008 GPO Box 5099 Melbourne VIC 3001 Australia DECLARATION OF INDEPENDENCE BY DAVID GARVEY TO THE DIRECTORS OF FLUENCE CORPORATION LIMITED As lead auditor of Fluence Corporation Limited for the year ended 31 December 2018, I declare that, to the best of my knowledge and belief, there have been: 1. No contraventions of the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and 2. No contraventions of any applicable code of professional conduct in relation to the audit. This declaration is in respect of Fluence Corporation Limited and the entities it controlled during the period. David Garvey Partner BDO East Coast Partnership Melbourne, 29 March 2019 BDO East Coast Partnership ABN 83 236 985 726 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO East Coast Partnership and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation, other than for the acts or omissions of financial services licensees. Fluence Corporation Limited ABN 52 127 734 196 Annual report - 31 December 2018 Contents Financial Statements Consolidated Statement of Profit or Loss and Other Comprehensive Income Consolidated Statement of Financial Position Consolidated Statement of Changes in Equity Consolidated Statement of Cash Flows Notes to the Consolidated Financial Statements Directors' Declaration Independent Auditor's Report Page 50 51 52 53 54 108 109 Fluence Corporation Limited 49 Fluence Corporation Limited Consolidated Statement of Profit or Loss and Other Comprehensive Income For the year ended 31 December 2018 Revenues Operating revenue Other income Testing Expenses Cost of sales Research and development expenses Sales and marketing expenses General and administration expenses Goodwill impairment Other gains/(loss) - net Finance income/(costs) - net Loss before income tax Income tax expense Loss for the year Loss for the year is attributable to: Owners of Fluence Corporation Limited Non-controlling interests Other comprehensive income Items that may be reclassified to profit or loss: Exchange differences on translation of foreign operations, net of tax Total comprehensive income for the year Total comprehensive income for the year is attributable to: Owners of Fluence Corporation Limited Non-controlling interests Notes 3 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 100,873 250 101,123 33,083 105 33,188 3 3 3 14 3 3 5 19 19 (66,502) (7,214) (10,689) (27,742) (56,293) 4,436 521 (62,360) (442) (62,802) (63,757) 955 (62,802) (27,230) (5,970) (6,299) (17,940) - 283 1,087 (22,881) (687) (23,568) (23,664) 96 (23,568) (14,376) (77,178) (721) (24,289) (78,133) 955 (77,178) (24,385) 96 (24,289) Losses per share from continuing operations attributable to the ordinary equity holders of the Group: Basic loss per share Diluted loss per share 6 6 (0.14) (0.14) (0.07) (0.07) The above Consolidated Statement of Profit or Loss and Other Comprehensive Income should be read in conjunction with the accompanying notes. All amounts are presented in US dollars. Fluence Corporation Limited 50 Fluence Corporation Limited Consolidated Statement of Financial Position As at 31 December 2018 ASSETS Current assets Cash and cash equivalents Other financial assets Trade and other receivables Inventories Prepayments Other assets Total current assets Non-current assets Other receivables Investments accounted for using the equity method Deferred tax assets Property, plant and equipment Intangible assets Concession arrangements asset Other assets Total non-current assets Total assets LIABILITIES Current liabilities Trade and other payables Borrowings Current tax liabilities Provisions Deferred revenue Other financial liabilities Total current liabilities Non-current liabilities Other liability Deferred tax liabilities Provisions Total non-current liabilities Total liabilities Net assets EQUITY Contributed equity Other reserves Accumulated losses Non-controlling interests Total equity Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 Notes 7 7 8 9 11 8 12 5 13 14 10 11 15 16 17 15 15 5 16 18 20 19 38,741 2,417 33,514 18,866 4,049 67 97,654 10 484 1,208 14,846 5,603 18,830 3,159 44,140 75,153 4,786 26,684 18,538 3,876 2,873 131,910 260 495 1,921 7,114 60,167 - 2,790 72,747 141,794 204,657 48,845 368 853 4,092 25,898 - 80,056 9,301 532 838 10,671 90,727 51,067 185,126 (15,752) (119,521) 49,853 1,214 51,067 27,811 1,145 72 27,711 38,173 1,000 95,912 2,595 1,671 878 5,144 101,056 103,601 156,898 (1,376) (52,075) 103,447 154 103,601 The above Consolidated Statement of Financial Position should be read in conjunction with the accompanying notes. All amounts are presented in US dollars. Fluence Corporation Limited 51 Fluence Corporation Limited Consolidated Statement of Changes in Equity For the year ended 31 December 2018 Consolidated entity Balance at 1 January 2017 Loss for the period Other comprehensive income Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of ordinary shares, net of transaction costs Issue of options Non-controlling interests on acquisition of subsidiary Balance at 31 December 2017 Adjustment on adoption of AASB 15 Adjustment on adoption of AASB 16 Adjustment on adoption of AASB 129 Restated balance at 1 January 2018 Loss for the period Other comprehensive income Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of ordinary shares, net of transaction costs Issue of options Transactions with non-controlling interests Balance at 31 December 2018 Contributed equity $'000 Notes Other reserves $'000 Accumulated losses $'000 Total $'000 Non- controlling interests $'000 Total equity $'000 53,129 - - - 101,538 2,231 - 156,898 - - - 156,898 - - - 26,237 1,991 - 185,126 (655) - (721) (721) - - - (1,376) - - - (1,376) - (14,376) (14,376) - - - (15,752) (28,411) (23,664) - (23,664) - - - (52,075) (407) (328) (2,954) (55,764) (63,757) - (63,757) - - - (119,521) 24,063 (23,664) (721) (24,385) 101,538 2,231 - 103,447 (407) (328) (2,954) 99,758 (63,757) (14,376) (78,133) 26,237 1,991 - 49,853 - 96 - 96 - - 58 154 - - - 154 955 - 955 - - 105 1,214 24,063 (23,568) (721) (24,289) 101,538 2,231 58 103,601 (407) (328) (2,954) 99,912 (62,802) (14,376) (77,178) 26,237 1,991 105 51,067 18 4 19 18 4 19 The above Consolidated Statement of Changes in Equity should be read in conjunction with the accompanying notes. All amounts are presented in US dollars. Fluence Corporation Limited 52 Fluence Corporation Limited Consolidated Statement of Cash Flows For the year ended 31 December 2018 Cash flows from operating activities Receipt from customers Payments to suppliers and employees Royalties paid to Chief Scientist Office (Israel) Receipt from restricted cash Interest received Interest and other costs of finance paid Income taxes paid Net cash (outflow) from operating activities Cash flows from investing activities Payment for purchases of plant and equipment Funds transferred to term deposit Proceeds from sale of property, plant and equipment Proceeds from disposal of short-term deposits Cash acquired as part of acquisition of RWL Water LLC Acquisition of non-controlling interest in a subsidiary Net cash (outflow) inflow from investing activities Cash flows from financing activities Proceeds from issues of ordinary shares Proceeds from exercise of share options Final payment to redeem a note from original vendor of Emefcy Ltd (Israel) Contributions from non-controlling interests Transactions costs related to issue of ordinary shares Repayment of borrowings Finance lease payments Net cash inflow from financing activities Net (decrease) increase in cash and cash equivalents Cash and cash equivalents at the beginning of the financial year Effects of exchange rate changes on cash and cash equivalents Cash and cash equivalents at end of year Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 Notes 50,168 (102,695) (23) 108 3,066 (353) (154) (49,883) (2,848) (780) 24 - - (1,803) (5,407) 26,415 799 (1,000) 105 (977) (519) (1,631) 23,192 (32,098) 75,153 (4,314) 38,741 28,062 (56,395) (67) 261 686 (144) (870) (28,467) (3,717) - 5 1,064 50,583 - 47,935 31,001 808 - - (476) (634) - 30,699 50,167 22,871 2,115 75,153 7 7 The above Consolidated Statement of Cash Flows should be read in conjunction with the accompanying notes. All amounts are presented in US dollars. Fluence Corporation Limited 53 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 1 Summary of significant accounting policies (a) Corporate information The Financial Report of Fluence Corporation Limited and its controlled entities (the “Group”) for the year ended 31 December 2018 was authorised for issue in accordance with a resolution of the Directors on the 29 day of March 2019. th Fluence Corporation Limited is a for profit listed public company limited by shares incorporated and domiciled in Australia whose shares are publicly traded on the Australian Securities Exchange (“ASX”). The Group provides fast-to-deploy, decentralised and packaged water and wastewater treatment solutions. (b) Basis of preparation These general purpose financial statements have been prepared in accordance with Australian Accounting Standards and interpretations issued by the Australian Accounting Standards Board and the Corporations Act 2001. The financial statements also comply with International Financial Reporting Standards (IFRS) as issued by the international accounting standards board. The financial report has been prepared on an accruals basis and is based on historical costs, except for those assets and liabilities measured at fair value. The financial report is presented in United States Dollars, which is the Group’s presentation currency. All values are rounded to the nearest $1,000 (where rounding is applicable) under the option available to the Company under ASIC Corporations (Rounding in Financial/Directors' Report) Legislative Instrument 2016/191. The Company is an entity in which the Legislative Instrument applies. Management is required to make judgements, estimates and assumptions about carrying values of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and various other factors that are believed to be reasonable under the circumstance, the results of which form the basis of making the judgements. Actual results may differ from these estimates. The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised if the revision affects only that period, or in the period of the revision and future periods if the revision affects both current and future periods. Judgements made by management in the application of Australian Accounting Standards that have significant effects on the financial statements and estimates with a significant risk of material adjustments in the next year are disclosed, where applicable, in the relevant notes to the financial statements (refer to Note 1 (ab)). Accounting policies are selected and applied in a manner which ensures that the resulting financial information satisfies the concepts of relevance and reliability, thereby ensuring that the substance of the underlying transactions or other events is reported. (i) Going concern The financial statements have been prepared on a going concern basis, which contemplates continuity of normal business activities and the realisation of assets and discharge of liabilities in the normal course of business. Fluence Corporation Limited 54 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (b) Basis of preparation (continued) (ii) New and amended standards adopted by the group The Group has adopted all of the new, revised or amending Accounting Standards and Interpretations issued by the Australian Accounting Standards Board ('AASB') that are mandatory for the current reporting period (refer to note 1(ac) for more information about first implementation of new standards). The Group have early adopted AASB 16 which is effective for periods beginning on or after 1 January 2019, with earlier adoption permitted if AASB 15 Revenue from Contracts with Customers has also been applied. All other accounting standards adopted by the Group are consistent with the most recent Annual Report for the year ended 31 December 2017. (c) Comparatives Where necessary comparatives have been reclassified for consistency with the current period disclosures. (i) Revision to Appendix 4E Preliminary Final Report for the year ended 31 December 2018 AASB 16 Leases elimination of lease expenses previously included in the Consolidated Statement of Profit or Loss and Other Comprehensive Income in the Appendix 4E Preliminary Final Report for the year ended 31 December 2018 within ‘General and administration expenses' have been reclassified to 'Research and development expenses' and 'Sales and marketing expenses' for a more accurate presentation. As a result of this reclassification, for the year ending 31 December 2018, 'Research and development expenses' have decreased $433,000 to $7,214,000, 'Sales and marketing expenses' have decreased $260,000 to $10,689,000 and "General and administration expenses" have increased $693,000 to $27,742,000. Items related to the exchange differences from the management fees charged by the head office to the Group's subsidiaries, previously included in the Consolidated Statement of Profit or Loss and Other Comprehensive Income in the Appendix 4E Preliminary Final Report for the year ended 31 December 2018 within 'Other gains/(losses) - net' have been reclassified as 'Other reserves' in the Consolidated Statement of Financial Position for a more accurate presentation of the Group's financial results for the year. As a result of this reclassification, for the year ending 31 December 2018, 'Other gains/(loss) - net' have increased $825,000 to $4,436,000. The hyperinflation effect on equity previously included in the Consolidated Statement of Financial Position in the Appendix 4E Preliminary Final Report within 'Other reserves' in the amount of $2,954,000 have been reclassified to 'Accumulated losses' for an accurate presentation of AASB 129 effect on equity. This reclassification has affected the presentation of the Consolidated Statement of Changes in Equity. A new line was added, 'Adjustment on adoption of AASB 129', $2,954,000. The Other comprehensive income has increased to $(14,376,000). Items previously included in the Consolidated Statement of Financial Position in the Appendix 4E Preliminary Final Report for the year ended 31 December 2018 within 'Other non-current assets' have been separated into a newly created category 'Concession arrangement assets' to provide a more accurate and detailed presentation of the Group's financial position. As a result of this reclassification, for the year ending 31 December 2018, 'Other non-current assets' have decreased $18,830,000 to $3,159,000. The 'Concession arrangement assets' balance has been presented as $18,830,000. The Deferred tax asset and Deferred tax liability balances in the Consolidated Statement of Financial Position have been updated after the tax presentation for the Group has been finalised. Fluence Corporation Limited 55 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (c) Comparatives (continued) (i) Revision to Appendix 4E Preliminary Final Report for the year ended 31 December 2018 (continued) As a result of this reclassification, for the year ending 31 December 2018, 'Deferred tax assets' have increased $291,000 to $1,208,000 and 'Deferred tax liabilities' have increased $291,000 to $532,000. The current portion of the AASB 16 lease liability previously included in the Consolidated Statement of Financial Position in 'Other liabilities' under Non-current liabilities was reclassified to 'Trade and other payables' under Current liabilities for the purpose of a more accurate presentation of the Group's Financial position. As a result of this reclassification, for the year ending 31 December 2018, 'Trade and other payables' have increased $1,319,000 to $48,845,000 and 'Other liabilities' decreased $1,319,000 to $9,301,000. Items included in the Consolidated Statement of Cash Flows in the Appendix 4E Preliminary Final Report for the year ended 31 December 2018 within 'Repayment of borrowings' and 'Proceeds from issues of ordinary shares' have been reclassified to 'Contributions from non-controlling interests' to provide a more accurate presentation of the Group's Cash flows from financing activities. As a result of this reclassification, for the year ending 31 December 2018, 'Repayment of borrowings' has decreased $51,000 to $(519,000), 'Proceeds from issues of ordinary shares' have decreased $1,000 to $26,415,000 and 'Contributions from non-controlling interests' have increased $52,000 to $105,000. (d) Principles of consolidation The consolidated financial statements incorporate all of the assets, liabilities and results of the parent company, Fluence Corporation Limited, and all of the subsidiaries. Subsidiaries are entities the parent controls. The parent controls an entity when it is exposed to, or has rights to, variable returns from its involvement with the entity and has the ability to affect those returns through its power over the entity. A list of the subsidiaries is provided in Note 27. The assets, liabilities and results of all subsidiaries are fully consolidated into the financial statements of the Group from the date on which control is obtained by the Group. The consolidation of a subsidiary is discontinued from the date that control ceases. Intercompany transactions, balances and unrealised gains or losses on transactions between Group entities are fully eliminated on consolidation. Accounting policies of subsidiaries have been changed and adjustments made where necessary to ensure uniformity of the accounting policies adopted by the Group. Equity interests in a subsidiary not attributable, directly or indirectly, to the Group are presented as “non-controlling interests”. The Group initially recognises non-controlling interests that are present ownership interests in subsidiaries and are the entitled to a proportionate share of non-controlling interests’ proportionate share of to initial recognition, non-controlling interests are attributed their share of profit or loss and each component of other comprehensive income. the subsidiary’s net assets on liquidation at either fair value or at the subsidiary’s net assets. Subsequent Non-controlling interests are shown separately within the equity section of the Statement of Financial Position and Statement of Profit or Loss and Other Comprehensive Income. (e) Operating segments Operating segments are presented using the 'management approach', where the information presented is on the same basis as the internal reports provided to the Chief Operating Decision Makers ('CODM'). The CODM is responsible for the allocation of resources to operating segments and assessing their performance. Fluence Corporation Limited 56 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (f) Revenue recognition Following the adoption of AASB 15 Revenue from Contracts with Customers, Revenue is recognised when goods or services are transferred to a customer, in an amount that reflects the consideration to which the entity excepts to be entitled in exchange to those goods or services. Before recognising revenue, the Group needs to identify the contract, identify separate performance obligations, determine the transaction price, allocate the transaction price to the performance obligations and recognise revenue as or when each performance obligation is satisfied. Performance obligation can be satisfied at a point in time or over time (for more information regarding first implementation of AASB 15, refer to note 1(ac)). Revenue related to construction or upgrade services under service concession arrangement is recognised over time, consistent with the Group's accounting policy on recognising revenue on construction contracts. Operating or service revenue is recognised in the period in which the services are provided by the Group. If the service concession arrangement contains more than one performance obligation, then the consideration received is allocated with reference to the relative stand-alone selling price of the services delivered. (g) Government grants Grants from the government are recognised at their fair value where there is a reasonable assurance that the grant will be received, and the group will comply with all attached conditions. Note 15 provides further information on how the group accounts for government grants. Government grants are recognised in profit and loss on a systematic basis over the periods in which the entity recognises expenses for the related costs for which the grants are intended to compensate. Grants received from the Government of Israel that are required to be repaid by payment of royalties on sales revenue or refunded if relevant conditions are not met are recorded as other payables (refer to Note 15 for further details). (h) Leases Following the adoption of AASB 16 Leases, the Group recognises assets and liabilities for all leases with a term of more than 12 months, unless the underlying asset is of low value. The Group recognises a right-of-use asset representing its right to use the underlying leased asset and a lease liability representing its obligation to make lease payments. Right-in-use assets and lease liabilities are measured initially on a present value basis. The Group recognises depreciation of the right-of-use asset and interest on the lease liability. Depreciation is on a straight-line basis (for more information regarding first implementation of AASB 16, refer to note 1(ac)). (i) Employee benefits (i) Wages and salaries Wages and salaries include non-monetary benefits, annual leave and long service leave. These are recognised and presented in different ways in the financial statements: • • • The liability for annual leave and the portion of long service leave expected to be paid within twelve months is measured at the amount expected to be paid. The liability for long service leave and annual leave expected to be paid after one year is measured as the present value expected future payments to be made in respect of services provided by employees up to the reporting date. The liability for annual leave and the portion of long service leave that has vested at the reporting date included in the current provision for employee benefits. Fluence Corporation Limited 57 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (i) Employee benefits (continued) (i) Wages and salaries (continued) • The portion of long service leave that has not vested at the reporting date is included in the non-current provision for employee benefits. (ii) Share-based payments Employees (including senior executives) of the Group receive remuneration in the form of share-based payments, whereby employees render services as consideration for equity instruments (equity-settled transactions). Equity-settled transactions The cost of equity-settled transactions is determined by the fair value at the date when the grant is made using an appropriate valuation model, further details of which are given in Note 4. That cost is recognised in employee benefits expense, together with a corresponding increase in equity (other capital reserves), over the period in which the service and, where applicable, the performance conditions are fulfilled (the vesting period). The cumulative expense recognised for equity-settled transactions at each reporting date until the vesting date reflects the extent to which the vesting period has expired and the Group’s best estimate of the number of equity instruments that will ultimately vest. The expense or credit in the Statement of Profit or Loss for a period represents the movement in cumulative expense recognised as at the beginning and end of that period. Service and non-market performance conditions are not taken into account when determining the grant date fair value of awards, but the likelihood of the conditions being met is assessed as part of the Group’s best estimate of the number of equity instruments that will ultimately vest. Market performance conditions are reflected within the grant date fair value. Any other conditions attached to an award, but without an associated service requirement, are considered to be non-vesting conditions. Non-vesting conditions are reflected in the fair value of an award and lead to an immediate expensing of an award unless there are also service and/or performance conditions. No expense is recognised for awards that do not ultimately vest because non-market performance and/or service conditions have not been met. Where awards include a market or non-vesting condition, the transactions are treated as vested irrespective of whether the market or non-vesting condition is satisfied, provided that all other performance and/or service conditions are satisfied. When the terms of an equity-settled award are modified, the minimum expense recognised is the grant date fair value of the unmodified award, provided the original terms of the award are met. An additional expense, measured as at the date of modification, is recognised for any modification that increases the total fair value of the share-based payment transaction, or is otherwise beneficial to the employee. Where an award is cancelled by the entity or by the counterparty, any remaining element of the fair value of the award is expensed immediately through profit or loss. The dilutive effect of outstanding options is reflected as additional share dilution in the computation of diluted earnings per share. (j) Business combinations Business combinations are accounted for using the acquisition method. The cost of an acquisition is measured as the aggregate of the consideration transferred, which is measured at acquisition date fair value, and the amount of any non-controlling interests in the acquiree. For each business combination, the Group elects whether to measure the non-controlling interests in the acquiree at fair value or at the proportionate share of the acquiree’s identifiable net assets. Acquisition-related costs are expensed as incurred and included in administrative expenses. When the Group acquires a business, it assesses the financial assets and liabilities assumed for appropriate classification and designation in accordance with the contractual terms, economic circumstances and pertinent conditions as at the acquisition date. This includes the separation of embedded derivatives in host contracts by the acquiree. Fluence Corporation Limited 58 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (j) Business combinations (continued) Any contingent consideration to be transferred by the acquirer will be recognised at fair value at the acquisition date. Contingent consideration classified as equity is not remeasured and its subsequent settlement is accounted for within equity. Goodwill is initially measured at cost (being the excess of the aggregate of the consideration transferred and the amount recognised for non-controlling interests and any previous interest held over the net identifiable assets the aggregate acquired and liabilities assumed). consideration transferred, the Group reassesses whether it has correctly identified all of the assets acquired and all of the liabilities assumed and reviews the procedures used to measure the amounts to be recognised at the acquisition date. If the reassessment still results in an excess of the fair value of net assets acquired over the aggregate consideration transferred, then the gain is recognised in profit or loss. the net assets acquired is in excess of the fair value of If After initial recognition, goodwill is measured at cost less any accumulated impairment losses. For the purpose of impairment testing, goodwill acquired in a business combination is, from the acquisition date, allocated to each of the Group’s cash-generating units that are expected to benefit from the combination, irrespective of whether other assets or liabilities of the acquiree are assigned to those units. Where goodwill has been allocated to a cash-generating unit (CGU) and part of the operation within that unit is disposed of, the goodwill associated with the disposed operation is included in the carrying amount of the operation when determining the gain or loss on disposal. Goodwill disposed in these circumstances is measured based on the relative values of the disposed operation and the portion of the cash-generating unit retained. Business combinations are initially accounted for on a provisional basis. The acquirer retrospectively adjusts the provisional amounts recognised and also recognises additional assets or liabilities during the measurement period, based on new information obtained about the facts and circumstances that existed at the acquisition date. The measurement period ends on either of (i) 12 months from the date of the acquisition or (ii) when the acquirer receives all the information possible to determine fair value. (k) Investment in associates and joint ventures An associate is an entity over which the Group has significant influence. Significant influence is the power to participate in the financial and operating policy decisions of the investee but is not control or joint control over those policies. A joint venture is a type of joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the joint venture. Joint control is the contractually agreed sharing of control of an arrangement, which exists only when decisions about the relevant activities require the unanimous consent of the parties sharing control. The considerations made in determining significant influence or joint control are similar to those necessary to determine control over subsidiaries. The Group’s investments in its associate and joint venture are accounted for using the equity method. Under the equity method, the investment in an associate or a joint venture is initially recognised at cost. The carrying amount of the investment is adjusted to recognise changes in the Group’s share of net assets of the associate or joint venture since the acquisition date. Goodwill relating to the associate or joint venture is included in the carrying amount of the investment and is not tested for impairment separately. Fluence Corporation Limited 59 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (k) Investment in associates and joint ventures (continued) The Statement of Profit or Loss reflects the Group’s share of the results of operations of the associate or joint venture. Any change in OCI of those investees is presented as part of the Group’s Other Comprehensive Income (OCI). In addition, when there has been a change recognised directly in the equity of the associate or joint venture, the Group recognises its share of any changes, when applicable, in the statement of changes in equity. Unrealised gains and losses resulting from transactions between the Group and the associate or joint venture are eliminated to the extent of the interest in the associate or joint venture. The aggregate of the Group’s share of profit or loss of an associate and a joint venture is shown on the face of the Statement of Profit or Loss outside operating profit and represents profit or loss after tax and non-controlling interests in the subsidiaries of the associate or joint venture. The financial statements of the associate or joint venture are prepared for the same reporting period as the Group. When necessary, adjustments are made to bring the accounting policies in line with those of the Group. After application of the equity method, the Group determines whether it is necessary to recognise an impairment loss on its investment in its associate or joint venture. At each reporting date, the Group determines whether there is objective evidence that the investment in the associate or joint venture is impaired. If there is such evidence, the Group calculates the amount of impairment as the difference between the recoverable amount of the associate or joint venture and its carrying value, and then recognises the loss as ‘Share of profit of an associate and a joint venture’ in the Statement of Profit or Loss. Upon loss of significant influence over the associate or joint control over the joint venture, the Group measures and recognises any retained investment at its fair value. Any difference between the carrying amount of the associate or joint venture upon loss of significant influence or joint control and the fair value of the retained investment and proceeds from disposal is recognised in profit or loss. (l) Impairment of non financial assets Impairment exits when the carrying value of an asset or cash generating unit exceeds its recoverable amount, which is the higher of its fair value less costs of disposal and its value in use. The fair value less costs of disposal calculation is based on available data from binding sales transactions, conducted at arm’s length, for similar assets or observable market prices less incremental costs of disposing of the asset. The value in use calculation is based on a Discounted Cash Flow (DCF) model. The cash flows are derived from the budget for the next five years and do not include restructuring activities that the Group is not yet committed to or significant future investment that will enhance the performance of the assets of the Cash Generating Unit (CGU) being tested. The recoverable amount is sensitive to the discount rate used for the DCF model as well as the expected future cash-inflows and the growth rate used for extrapolation purposes. These estimates are most relevant to goodwill and other intangibles with indefinite useful lives recognised by the Group. (m) Cash and cash equivalents Cash and short-term deposits in the consolidated statement of financial position comprise cash at bank and in hand and short-term deposits with an original maturity of three months or less. For the purposes of the consolidated statement of cash flow, cash and cash equivalents consist of cash and cash equivalents as defined above. (n) Other financial assets Cash and short-term deposits in the consolidated statement of financial position comprise cash at bank and in hand and short-term deposits with an original maturity of more than three months. Fluence Corporation Limited 60 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (n) Other financial assets (continued) Restricted cash that is invested in highly liquid deposits, which are used mainly as security for guarantees provided to lessors of office and production premises, bid bonds and performance guarantees. (o) Trade and other receivables Trade receivables are initially recognised at fair value and subsequently measured at amortised cost, less any appropriate provision for estimated irrecoverable amounts. A provision for impairment is made when there is objective evidence that the Group will not be able to collect the debts. The criteria used to determine that there is objective evidence that an impairment loss has occurred include whether the Financial Asset is past due and whether there is any other information regarding increased credit risk associated with the Financial Asset. Bad debts which are known to be uncollectible are written-off when identified. (p) Property, plant and equipment Property, plant and equipment are stated at historical cost less depreciation. Historical cost includes expenditure that is directly attributable to the acquisition of the items. Subsequent costs are included in the asset's carrying amount or recognised as a separate asset, as appropriate, only when it is probable that future economic benefits associated with the item will flow to the consolidated entity and the cost of the item can be measured reliably. The carrying amount of the replaced part is derecognised. AII other repairs and maintenance are charged to profit or loss during the reporting period in which they are incurred. Depreciation on plant and equipment is calculated using the straight-line method to allocate their cost or revalued amounts, net of their residual values, over their estimated useful lives, as follows: 25-50 years Buildings Over the shorter of the term of the lease or useful life of an asset Leasehold improvements 4-17 years Production equipment Office furniture and equipment 3-17 years Computers and peripheral equipment 3-15 years Vehicles 5-7 years The assets' residual values and useful lives are reviewed, and adjusted if appropriate, at each reporting date. An asset's carrying amount is written down immediately to its recoverable amount if the asset's carrying amount is greater than its estimated recoverable amount. Gains and losses on disposals are determined by comparing proceeds the carrying amount. These are included in profit or loss. (q) Inventories Raw materials, work in progress and finished goods are stated at the lower of cost and net realisable value. Cost comprises direct materials, direct labour and an appropriate proportion of variable and fixed overhead expenditure, the latter being allocated on the basis of normal operating capacity. Costs are assigned to individual items of inventory on basis of First in-First out (FIFO). Costs of purchased inventory are determined after deducting rebates and discounts. Net realisable value is the estimated selling price in the ordinary course of business less the estimated costs of completion and the estimated costs necessary to make the sale. Fluence Corporation Limited 61 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (r) Foreign currency translation (i) Functional Currency Items included in the financial statements of each of the Group’s entities are measured using the currency of the primary economic environment in which the entity operates (‘the functional currency’). The financial statements of Fluence Corporation Limited (the parent entity of the Group) are measured in Australian Dollars (AU$) which is that entity’s functional currency. (ii) Presentation Currency The consolidated financial statements are presented in US Dollars (US$), which is the Group’s presentation currency. (iii) Translation and balances Transactions in foreign currencies are converted to the functional currency at the exchange rate at the date of the transaction. Amounts payable to and by the Group outstanding at reporting date and denominated in foreign currencies have been converted to local currency using rates prevailing at the end of the financial year. All exchange differences are taken to profit or loss. (iv) Group companies The results of foreign subsidiaries and the parent entity are translated to US Dollars at the exchange rate at the date of the transaction. Assets and liabilities of foreign subsidiaries and the Australian parent are translated to US Dollars at exchange rates prevailing at balance date. All resulting exchange differences are recognised in other comprehensive income and in the foreign currency translation reserve in equity. (v) Foreign currency translation reserve The foreign currency translation reserve is used to record exchange differences on translation of foreign controlled subsidiaries. Amounts are reclassified to profit or loss when the investment is disposed of. (s) Income tax Deferred income tax is provided on all temporary differences at the reporting date between the tax bases of assets and liabilities and their carrying amounts for financial reporting purposes. Deferred income tax liabilities are recognised for all taxable temporary differences except where the deferred income tax liability arises from the initial recognition of an asset or liability in a transaction that is not a business combination and, at the time of the transaction, affects neither the accounting loss nor taxable profit or loss. Deferred income tax assets are recognised for all deductible temporary differences, carry-forward of unused tax assets and unused tax losses, to the extent that it is probable that taxable profit will be available against which the deductible temporary differences, and the carry-forward of unused tax assets and unused tax losses can be utilised except where the deferred income tax asset relating to the deductible temporary differences arises from the initial recognition of an asset or liability in a transaction that is not a business combination and, at the time of transaction, affects neither the accounting loss nor taxable profit or loss. The carrying amount of deferred income tax assets is reviewed at each reporting date and reduced to the extent that it is no longer probable that sufficient taxable profit will be available to allow all or part of the deferred income tax asset to be utilised. Deferred income tax assets and liabilities are measured at the tax rates that are expected to apply to the year when the asset is realised or the liability is settled, based on tax rates (and tax laws) that have been enacted or substantively enacted at reporting date. Income taxes relating to items recognised directly in equity are recognised in equity and not in profit or loss. Fluence Corporation Limited 62 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (t) Goods and Services Tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except: • where the GST incurred on a purchase of goods and services is not recoverable from the taxation authority, in which case the GST is recognised as part of the cost of acquisition of the asset or as part of the expense item as applicable; and receivables and payables are stated with the amount of GST included. • Cash flows arising from operating activities are included in the consolidated statement of cash flow on a gross basis (i.e. including GST) and the GST component of cash flows arising from investing and financing activities, which is recoverable from, or payable to, the taxation authority are classified as operating cash flows. Commitments and contingencies are disclosed net of the amount of GST recoverable from, or payable to, the taxation authority. The net amount of GST recoverable from or payable to, the taxation authority is included as part of the receivables or payables in the Consolidated Statement of Financial Position. (u) Intangible assets Intangible assets are initially measured at cost. Following initial recognition, intangible assets are carried at cost less lives of intangible assets are any accumulated amortisation and any accumulated impairment losses. The useful assessed to be either finite or indefinite. Intangible assets with finite lives are amortised over the useful life and assessed for impairment whenever there is an indication that the intangible asset may be impaired. The amortisation period and the amortisation method for an intangible asset with a finite useful life is reviewed at least at each financial year end. Changes in the expected useful life or the expected pattern of consumption of future economic benefits embodied in the asset are accounted for by changing the amortisation period or method, as appropriate, which is a change in an accounting estimate. The amortisation expense on intangible assets with finite lives is recognised in profit or loss in the expense category consistent with the function of the intangible asset. (i) Goodwill Goodwill represents the excess of the cost of an acquisition over the fair value of the Group’s share of the identifiable net assets of the acquired subsidiary at the date of acquisition. Goodwill arising from acquisitions of subsidiaries, tested at least annually for impairment and carried at cost less accumulated impairment losses. Any impairment is recognised immediately in the statement of profit or loss or other comprehensive income. Subsequent reversals of impairment losses for goodwill are not recognised. (ii) Research and development Research costs are expensed as incurred. An intangible asset arising from development expenditure on an internal project is recognised only when the Group can demonstrate the technical feasibility of completing the intangible asset so that it will be available for use or sale, its intention to complete and its ability to use or sell the asset, how the asset will generate future economic benefits, the availability of resources to complete the development and the ability to measure reliably the expenditure attributable to the intangible asset during its development. Following initial recognition of the development expenditure, the cost model carried at cost capitalised is amortised over the period of expected benefits from the related project. less any accumulated amortisation and accumulated impairment is applied requiring the asset to be losses. Any expenditure so The carrying value of an intangible asset arising from development expenditure is tested for impairment annually when the asset is not available for use, or more frequently when an indication of impairment arises during the reporting period. Fluence Corporation Limited 63 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (u) Intangible assets (continued) (ii) Research and development (continued) Amortisation commences when the assets are ready for use. (iii) Concession asset An intangible asset arising from a concession arrangement. The group recognises an intangible asset to the extent that it receives a right to charge users over the life of arrangement for the use of the asset. The intangible asset is measured initially at cost. The intangible assets will be amortised over the useful life of the arrangement and will be measured at cost less any accumulated amortisation and accumulated impairment losses. The carrying value of an intangible asset arising from development expenditure is tested for impairment annually when the asset is not available for use, or more frequently when an indication of impairment arises during the reporting period. (v) Impairment of non-financial assets The carrying values of non-financial assets are tested for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss is recognised for the amount by which the asset's carrying amount exceeds its recoverable amount. Recoverable amount is the higher of an asset's fair value less costs to sell and value in use. For the purposes of assessing impairment, assets are grouped at the lowest levels for which there are separately identifiable cash inflows that are largely independent of the cash inflows from other assets or groups of assets (cash-generating units). Non-financial assets that suffer impairment are tested for possible reversal of the impairment whenever events or changes in circumstances indicate that the impairment may have reversed. Impairment exists when the carrying value of an asset exceeds its estimated recoverable amount. The asset is then written down to its recoverable amount. (w) Trade and other payables Trade and other payables are carried at amortised cost and represent liabilities for goods and services provided to the Group prior to the end of the financial year that are unpaid and arise when the Group becomes obliged to make future payments in respect of the purchase of these goods and services. (x) Contributed equity Ordinary shares are classified as equity. Any transaction costs arising on the issue of ordinary shares are recognised directly in equity as a reduction (net of tax) of the share proceeds received. (y) Provisions A provision is recognised if, as a result of a past event, the Group has a present legal or constructive obligation that can be estimated reliably, and it is probable that an outflow of economic benefits will be required to settle the obligation. Where applicable, provisions are determined by discounting the expected future cash flows at a pre-tax rate that reflects current market assessments of the time value of money and the risks specific to the liability. Onerous contracts An onerous contract is considered to exist where the Group has a contract under which the unavoidable cost of meeting the contractual obligations exceed the economic benefits estimated to be received. Present obligations existing under onerous contracts are recognised as a provision to the extent that the present obligations exceed the benefits estimated to be received. Fluence Corporation Limited 64 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (z) Earnings per share Basic earnings per share is calculated as net profit or loss attributable to members, adjusted to exclude costs of servicing equity (other than dividends), divided by the weighted average number of ordinary shares, adjusted for any bonus element. Diluted earnings per share is calculated as net profit or loss attributable to members, adjusted for: • • • costs of servicing equity (other than dividends); the after tax effect of dividends and interest associated with dilutive potential ordinary shares that have been recognised as expenses; and other non-discretionary changes in revenues or expenses during the period that would result from the dilution of potential ordinary shares; divided by the weighted average number of ordinary shares and dilutive potential ordinary shares, adjusted for any bonus element. (aa) Concession asset A financial asset arising from a concession arrangement. The Group recognises a financial asset to the extent that it receives an unconditional contractual right to receive a specified or determinable amount of cash or another financial asset in return for constructing or upgrading a public sector asset, and then operating and maintaining the asset for a specified period of time. The financial asset is measured at fair value. The financial asset is reduced when amounts are received. (ab)Significant Accounting Estimates and Assumptions The carrying amounts of certain assets and liabilities are often determined based on estimates and assumptions of future events. The key estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of certain assets and liabilities within the next annual reporting period are: (i) Fair Value of Financial Liability The Group assessed the fair value of the financial milestone payments and government grant liabilities, which incorporate a number of key estimates and assumptions. For further details, please refer to note 15 Trade and other payables and other liabilities. Income tax (ii) The Group is subject to income taxes in the jurisdictions in which it operates. Significant judgement is required in determining the provision for income tax. There are many transactions and calculations undertaken during the ordinary course of business for which the ultimate tax determination is uncertain. The Group recognises liabilities for anticipated tax audit issues based on the Group's current understanding of the tax law. Where the final tax outcome of these matters is different from the carrying amounts, such differences will impact the current and deferred tax provisions in the period in which such determination is made. (iii) Share-based payment transactions Under AASB 2 Share Based Payments, the consolidated entity must recognise the fair value of shares granted to directors, employees and consultants as remuneration as an expense on a pro-rata basis over the vesting period in profit or loss with a corresponding adjustment to equity. The consolidated entity provides benefits to employees (including directors) of the consolidated entity in the form of share-based payment transactions, whereby employees render services in exchange for shares or rights over shares ("equity-settled transactions"). Fluence Corporation Limited 65 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (ab)Significant Accounting Estimates and Assumptions (continued) (iii) Share-based payment transactions (continued) Estimating fair value of share-based payment transactions requires determination of the most appropriate valuation model, which depends on the terms and conditions of the grant. This estimate also requires determination of the most appropriate inputs to the valuation model including the expected life of the share option or appreciation right, volatility and dividend yield and making assumptions about them. For the measurement of the fair value of equity-settled transactions with employees at the grant date, the Group uses a binominal model for the options. The assumptions and models used for estimating fair value for share-based payment transactions are disclosed in Note 4 - People costs. (iv) Fair value measurement hierarchy The consolidated entity is required to classify all assets and liabilities, measured at fair value, using a three level hierarchy, based on the lowest level of input that is significant to the entire fair value measurement, being: Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at the measurement date; Level 2: Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly; and Level 3: Unobservable inputs for the asset or liability. Considerable judgement is required to determine what is significant to fair value and therefore which category the asset or liability is placed in can be subjective. The fair value of assets and liabilities classified as level 3 is determined by the use of valuation models. These include discounted cash flow analysis or the use of observable inputs that require significant adjustments based on unobservable inputs. Impairment of non financial assets (v) Impairment exists when the carrying value of an asset or cash generating unit exceeds its recoverable amount, which is the higher of its fair value less costs of disposal and its value in use. The fair value less costs of disposal calculation is based on available data from binding sales transactions, conducted at arm’s length, for similar assets or observable market prices less incremental costs of disposing of the asset. The value in use calculation is based on a Discounted Cash Flow (DCF) model. The cash flows are derived from the budget for the next five years and do not include restructuring activities that the Group is not yet committed to or significant future investments that will enhance the performance of the assets of the Cash Generating Units (CGU) being tested. The recoverable amount is sensitive to the discount rate used for the DCF model as well as the expected future cash-inflows and the growth rate used for extrapolation purposes. These estimates are most relevant to goodwill and other intangibles with indefinite useful lives recognised by the Group. Refer to Note 14 for further detail. (vi) Revenue recognition over time The value of work performed using percentage completion method is used to determine revenue recognition on contracts where revenue is recognised over time. This measurement is an accounting judgment as management uses judgement to estimate costs incurred to date as a percentage of total estimated costs. (vii) PDVSA In December 2014, Fluence Argentina entered into significant work agreements with PDVSA Agricola (PDVSA), a wholly owned company by the Venezuelan government. These work agreements consisted of a series of purchase orders (POs) from PDVSA (the 'PDVSA contract'), for detailed engineering and supply of water and wastewater treatment systems and composting systems for five ethanol production plants in Venezuela. In relation to those work agreements, Fluence Argentina received an advance collection of approximately US$95 million in June 2015. Fluence Corporation Limited 66 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (ab)Significant Accounting Estimates and Assumptions (continued) (vii) PDVSA (continued) During March 2016, PDVSA rescinded the original work agreements. During that period, Fluence Argentina had invested significant amounts in the engineering design of the projects. In January 2017, PDVSA expressed its intention to continue with the plant named "Portuguesa", at a project value of US$45 million. As of 31 December 2018, that project was still being performed by Fluence Argentina at 95% of completion. The remainder of the Portuguesa project is expected to be completed in early 2019 with residual revenue recognition of US$1.2 million. During 2018, the Company recognised revenues in the amount of US$24.8 million related to Portuguesa, and it had recognised approximately US$33 million in prior years (US$15.2 million related Portuguesa and US$17.8 million related the rescinded POs). The Company also recognised variable consideration in relation to the PDVSA contract during the year resulting from rescinded purchase orders. Further, an onerous contract provision originally recognised in 2016, was reassessed in light of the progress of the project. It was determined that it was no longer probable that an outflow of resources will be required post 31 December 2018 and that remaining the provision of US$11.3m was released to cost of sales in 2018. Consistent with prior years, the revenues were recognised at the historic exchange rate determined at the date of inception of the project in accordance with IFRIC 22, Foreign Currency Transactions and Advance Consideration. However, Argentina was declared a hyperinflationary economy from 1 July 2018, which therefore required the application of AASB 129 Financial Reporting in Hyperinflationary Economies for 2018. This resulted in hyperinflationary adjustments to all items in the profit and loss and all non-monetary assets and liabilities in the accounts of Fluence Argentina. This resulted in a downward adjustment of US$5.5 million to revenue generated from the Portuguesa project. Post hyperinflationary adjustments, total revenue recognised in relation to the Portuguesa project and variable consideration from rescinded purchase orders in 2018 was US$24.8 million. liability relating to the unspent advanced In Note 17 ‘Deferred Revenue’, the Company has included a residual payment at 31 December 2018. In accordance with IFRIC 22 Foreign Currency Transactions and Advance Consideration the residual liability is translated into Argentine Pesos at the historical exchange rate as of June 2015, and after adjusting for the impact of hyperinflation, the residual deferred revenue liability is a non-monetary liability of approximately US$25.9 million. The residual liability for unspent funds has been recognised as at 31 December 2018 as a current liability (refer to note 17 Deferred revenue). Management are currently unable to determine when future project work will be requested from this customer and the scope of this work. This means this liability may change depending on the final negotiation that PDVSA and the Company will hold, and where the outcome may differ from the amounts booked by the Company. In any case the residual liability will not exceed the unspent advanced payment. (ac) New and amended standards adopted by the group AASB 9: Financial Instruments AASB 9 addresses the classification, measurement and derecognition of financial instruments, to introduce new hedge accounting requirements including changes to hedge effectiveness testing, treatment of hedging costs, risk components that can be hedged and disclosures. The standard also introduces a new expected-loss impairment model that requires more timely recognition of expected credit losses. During the year the Group has assessed the impact of AASB 9 on the financial statements. The assessment concluded that the current accounting treatment of financial instruments of the Group is in line with the requirements of AASB 9. Consequently, there is no material impact on 2018 results. AASB 15: Revenue from Contracts with Customers Fluence Corporation Limited 67 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (ac) New and amended standards adopted by the group (continued) AASB 15 establishes a comprehensive framework for determining the timing and quantum of revenue recognised. It replaces AASB 118 Revenue, AASB 111 Construction Contracts and related interpretations. The core principle is that revenue must be recognised when goods or services are transferred to a customer, in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. This could be at a point in time or over time. During the year the Group has assessed their revenues and identified the impact of AASB 15 on the financial statements. This included identifying the material contracts entered into by the Group, identifying the performance obligations, determining the transaction price, allocating the transaction price to the performance obligations and recognising revenue as, or when, each performance obligation is satisfied. The assessment identified an impact on revenue: (1) Revenue recognition at a point in time or over time - The majority of the Group’s revenue is from projects that require significant engineering design, procurement of equipment and construction to deliver a functioning facility or asset. These contracts are usually known as Engineering, Procurement and Construction (EPC) contracts or equipment sales. Revenue on EPC contracts was previously recognised over time in accordance with previous accounting standards. AASB 15 states that an entity transfers control of a good or service over time and, therefore, satisfies a performance obligation and recognises revenue over time, if one of the following criteria is met: a. the customer simultaneously receives and consumes the benefits provided by the entity’s performance as the entity performs; b. the entity’s performance creates or enhances an asset (for example, work in progress) that the customer controls as the asset is created or enhanced; or c. the entity’s performance does not create an asset with an alternative use to the entity and the entity has an enforceable right to payment for performance completed to date. As work is performed on the assets being constructed are controlled by the customer, and have no alternative use for Fluence, with the Group having a right to payment for performance to date, the performance obligation is fulfilled over time and as such revenue is recognised over time. The Group has identified a small number of contracts that do not meet the above criteria. Revenue in relation to these projects is recognised at a point in time under AASB15. Under the previous accounting standard this revenue would have been recognised over time. The total impact on 2017 and 2018 revenue is a reduction of $(232,000) and gain of $706,000, respectively. (2) Separate performance obligation - Some of the Group’s contracts includes separate performance obligations that were not identified as such according to the previous accounting treatment. These performance obligations are mainly warranties provided to the client as part of the contract. AASB 15 distinguishes between two types of warranty: a. Assurance Warranty - warranty that simply provides assurance the product complies with agreed-upon specifications. b. Service Warranty - warranty that provides a service that can be purchased by the customer in addition to the assurance warranty. Fluence Corporation Limited 68 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (ac) New and amended standards adopted by the group (continued) The impact of service warranty included in the contracts in 2017 and 2018 on revenue is a reduction of $(94,000) and a gain of $37,000, respectively. (3) Incremental costs to obtain a contract - AASB 15 states that a company shall recognise as an asset the incremental costs of obtaining a contract with a customer if the entity expects to recover those costs. The incremental costs of obtaining a contract are those costs that a company incurs to obtain a contract with a customer that it would not have incurred if the contract had not been obtained, such as sales commissions and finder fees. The impact of these incremental costs to obtain a contract on 2017 and 2018 revenues was a reduction of $(320,000) and $(102,000), respectively. Revenue recognised over time and should be recognised at a point in time Revenue includes a separate performance obligation 2018 $'000 2017 $'000 2018 $'000 2017 $'000 Revenue includes incremental costs to obtain a contract 2017 2018 $'000 $'000 Revenue abc 706 (232) 37 (94) (102) (320) The Group has adopted AASB 15 using the cumulative effect method, with the effect of initially applying this standard recognised at the date of initial application (i.e. January 1, 2018). Accordingly, the information presented for 2017 has is presented, as previously reported, under AASB 118, AASB 111 and related not been restated - interpretations. i.e. it AASB 16: Leases AASB 16 introduces a single lessee accounting model and requires a lessee to recognise assets and liabilities for all leases with a term of more than 12 months, unless the underlying asset is of low value. A lessee will recognise a right-of-use asset representing its right to use the underlying leased asset and a lease liability representing its obligation to make lease payments. Depreciation on the asset and interest on the liability will be recognised. The Group have assessed the impact of the implementation of AASB 16 on 2018 results as follows: Asset Accumulated depreciation Asset, net Current liability Non-current liability Equity December 31, 2018 $’000 abc 8,750 (1,640) 7,110 1,319 6,026 328 The adoption of AASB 16 resulted in adjustment to the opening balance of accumulated losses at 1 January 2018 by $328,000. Depreciation expenses Interest expenses 2018 $'000 a 1,674 264 Fluence Corporation Limited 69 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 1 Summary of significant accounting policies (continued) (ac) New and amended standards adopted by the group (continued) AASB 129: Financial Reporting in Hyperinflationary During the first half of 2018, the Argentine Peso devalued significantly which led the Argentinian government to declare a hyperinflation economy in the country. As a result, from 1 January 2018, the Group applied “AASB 129 - Financial Reporting in Hyperinflationary Economies” with regard to the Argentinian entity. AASB 129 applies to the financial statements of companies whose functional currency is the currency of a hyperinflation economy. The Coefficient for December 2018 was 184.2552. Based on the hyperinflation economy declared, the Group reassessed the functional currency of its Argentinian entity which concluded it to be the Argentinian Peso (no change since last assessment). AASB 129 requires remeasurement of non-monetary items, equity and contracts and all Profit and Loss items, denominated in foreign currencies by applying an inflation index that reflects general price developments in the hyperinflation period. This index was published by the Argentinian government during January 2019. The treatment in accordance with AASB 129 had the following impact on the Group’s Statement of Profit or Loss and Other Comprehensive Income and the Statement of Financial Position: Statement of Profit and Loss or Other Comprehensive Income - Revenues Cost of sales Sales and marketing expenses General and administration expenses Other gains/(loss) - net Finance income/(costs) - net Statement of Financial Position - 2018 $'000 a (17,226) (2,523) (185) (279) (6) (486) 31 December 2018 $'000 $1.00 843 (9,534) (2,954) Property, plant and equipment Deferred revenue Equity 2 Segment information Segment disclosure replicates the manner in which the Managing Director and Chief Operating Decision Maker (CODM) monitors the business performance. The Group's operating segments are: • Operating Units (OUs) - These are defined as the operating entities of the Group that earn revenues and incur expenses that are reviewed by the CODM and their discrete financial information is available. OUs' include the Group's entities in Argentina, Italy, Israel, USA, China and Middle East. The OUs are aggregated into a single operating segment on the basis that the OUs are similar in each of the following respects: Fluence Corporation Limited 70 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 2 Segment information (continued) • • • • • nature of the products and services; nature of the production processes; type or class of customer for their products and services; methods used to distribute their products or provide their services; and nature of the regulatory environment • Product and Innovation Group (P&I) - Defined as the Research and Development vehicle of the Group. 2018 Segment revenue Operating revenue and other income Segment expense Segment depreciation and amortisation expense Goodwill impairment Share of profits of associates Write off of inventories Segment expense Unallocated expenses - corporate Segment results Assets Investments in associates Segment assets Unallocated assets - corporate Liabilities Segment liabilities Unallocated liabilities - corporate Acquisitions of non-current assets 2018 Operating Units $'000 Production and Innovation $'000 Intersegment Elimination $'000 Total $'000 100,722 100,722 1,588 1,588 (1,187) (1,187) 101,123 101,123 (1,886) (56,293) 38 (172) (103,556) - (161,869) (61,147) 484 115,184 - 115,668 (81,178) - (81,178) 4,087 (860) - - - (11,995) - (12,855) (11,267) - 9,006 - 9,006 (8,663) - (8,663) 733 The Americas $'000 - - - - 22,661 - 22,661 21,474 - (1,383) - (1,383) 3,004 - 3,004 - Rest of the World $'000 (2,746) (56,293) 38 (172) (92,890) (11,862) (163,925) (62,802) 484 122,807 18,212 141,503 (86,837) (3,599) (90,436) 4,820 Total $'000 Other information External sales revenue by geographical segment Property, plant and equipment by geographical segment 62,525 5,514 38,598 9,332 101,123 14,846 Fluence Corporation Limited 71 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 2 Segment information (continued) 2017 Segment revenue Operating revenue and other income Segment expense Segment depreciation and amortisation expense Share of profits of associates Write off of inventories Segment expense Unallocated expenses - corporate Segment result Assets Investments in associates Segment assets Unallocated assets - corporate Liabilities Segment liabilities Unallocated liabilities - corporate Acquisitions of non-current assets 2017 Operating Units $'000 Production and Innovation $'000 Intersegment Elimination $'000 Total $'000 33,850 33,850 (327) (29) 24 (32,754) - (33,086) 764 495 163,677 - 164,172 (90,635) - (90,635) 3,320 1,097 1,097 (1,759) (1,759) 33,188 33,188 (343) - - (13,191) - (13,534) (12,437) - 6,687 - 6,687 (3,930) - (3,930) 995 The Americas $'000 - - - 3,621 - 3,621 1,862 - (40) - (40) 281 - 281 - Rest of the World $'000 (670) (29) 24 (42,324) (13,757) (56,756) (23,568) 495 170,324 33,838 204,657 (94,284) (6,772) (101,056) 4,315 Total $'000 Other information External sales revenue by geographical segment Property, plant and equipment by geographical segment 18,697 3,022 14,491 4,092 33,188 7,114 Unallocated expenses Other corporate expenses Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (11,862) (13,757) Fluence Corporation Limited 72 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 2 Segment information (continued) Unallocated assets Cash and cash equivalents Other assets Unallocated liabilities Trade and other payables Other liabilities Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 14,003 4,209 18,212 28,768 5,070 33,838 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (2,126) (1,473) (3,599) (5,772) (1,000) (6,772) Intersegment transactions Intersegment transactions are made at market rates. Intersegment transactions are eliminated on consolidation. 3 Operating revenue and expenses Operating revenue Space Contract revenue Revenues on equipment sales Revenues on EPC contracts Service concession arrangements revenue Space Service revenue Revenues on services Other Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 45,866 27,749 20,847 94,462 3,699 2,712 6,411 17,795 11,113 578 29,486 2,199 1,398 3,597 100,873 33,083 Fluence Corporation Limited 73 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 3 Operating revenue and expenses (continued) Research and development Materials Salaries and other employee related expenses Professional fees Travel and entertainment Occupancy Depreciation Other Sales and marketing Salaries and other employee related expenses Marketing activities Travel and entertainment Professional fees Occupancy Other General and administration Salaries and other employee related expenses Professional fees Depreciation Bad debt Director expense Travel and entertainment Office expenses Import and export expenses Insurance Bank charges Maintenance Occupancy Other Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 4,093 2,153 210 227 - 205 326 7,214 3,238 2,129 216 4 179 193 11 5,970 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 5,639 2,639 1,124 466 - 821 10,689 3,488 1,293 886 197 38 397 6,299 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 9,961 5,987 2,554 2,229 1,761 1,396 1,076 852 689 368 255 - 614 27,742 5,018 7,991 329 185 1,196 918 568 34 250 263 251 496 441 17,940 Fluence Corporation Limited 74 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 3 Operating revenue and expenses (continued) Other gains/(loss) - net Foreign exchange gain / (loss) Fair value adjustment for shares in trust Withholding taxes Increase in provisions Loss from investments accounted for using the equity method Other Finance income/(costs) - net Interest income Fund valuation loss Interest expense Project financing and other Aggregate expenses Aggregate depreciation and amortisation expenses Aggregate employee benefits expense 4 People costs (a) Share-based payments Employee Option Plan Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 5,255 - (686) (94) 38 (77) 4,436 2,856 (2,006) (215) (286) (29) (37) 283 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 3,066 (1,947) (407) (191) 521 1,514 - (89) (338) 1,087 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 2,937 29,120 688 14,858 A share option plan has been established by the consolidated entity and approved by shareholders at a general meeting, whereby the consolidated entity may, at the discretion of the Board of Directors, grant options over ordinary shares in the Group to certain key management personnel of the consolidated entity. The options are issued for nil consideration and are granted in accordance with performance guidelines established by the Remuneration and Nomination Committee. Set out below are summaries of options granted under the plan: Fluence Corporation Limited 75 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 4 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) 2018 Grant/change date Expiry Date Exercise Price a Opening balance Options vested during the year 10/1/18 10/1/18 2/3/18 26/3/18 28/6/18 18/7/18 18/7/18 30/7/18 31/7/18 31/7/18 31/7/18 31/7/18 31/7/18 27/8/18 27/8/18 23/10/18 12/12/18 17/12/18 31/12/18 31/12/18 11/3/22 11/3/22 1/5/22 25/5/22 27/8/22 31/12/20 31/12/20 31/7/18 1/5/22 31/7/18 31/7/18 31/7/22 31/7/22 16/12/18 16/12/19 25/5/25 16/12/18 16/12/18 10/9/21 10/9/21 A$0.58 A$0.58 A$0.53 A$0.48 A$0.46 A$0.95 A$1.10 A$0.30 A$0.53 A$0.30 A$0.64 A$1.20 A$1.50 A$0.30 A$0.40 A$0.85 A$0.30 A$0.30 A$0.81 A$0.81 Closing balance Granted Exercised Vested 66,759,872 (9,788,644) 100,000 80,000 100,000 1,375,000 500,000 - - - - - - 750,000 750,000 - - - - - - 188,000 - - - - - - (499,999) - - - - - (500,000) (500,000) - (1,000,000) (1,000,000) - - 70,602,872 (13,288,643) 8,211,381 12,730,250 - - - - - - - - - - - - - - - - - - - - 20,941,631 Cancelled / Reversed Balance at the end of the year (4,192,946) 52,778,282 - - - - - (1,500,000) (1,000,000) - (100,000) (1,440,001) (500,000) - - - - (1,152,611) - - (992,000) - (10,877,558) 100,000 80,000 100,000 1,375,000 500,000 (1,500,000) (1,000,000) (499,999) (100,000) (1,440,001) (500,000) 750,000 750,000 (500,000) (500,000) (1,152,611) (1,000,000) (1,000,000) (992,000) 188,000 46,436,671 The opening balance has been adjusted to reflect the exercise, vesting and cancellation of options issued in the prior period. Refer to note Contributed equity for details. (i) Fair value of options granted For the options granted during the current financial year, the valuation model inputs used to determine the fair value at the grant date are outlined below. The expected volatility reflects the assumption that the historical volatility is indicative of future trends, which may also not necessarily be the actual outcome. Fluence Corporation Limited 76 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 4 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) (i) Fair value of options granted (continued) Share price at Grant date a 10/1/18 2/3/18 26/3/18 26/3/18 28/6/18 31/7/18 31/7/18 Expiry Date grant date Exercise Price Dividend yield 11/3/22 1/5/22 25/5/22 25/5/22 27/8/22 31/7/22 31/7/22 A$0.520 A$0.043 A$0.470 A$0.470 A$0.400 A$0.385 A$0.385 A$0.58 A$0.53 A$0.48 A$0.48 A$0.46 A$1.20 A$1.50 Nil Nil Nil Nil Nil Nil Nil Risk-free interest rate Fair value at grant date 2.30 2.28 2.31 2.31 2.25 2.25 2.25 0.1369 0.1055 0.1436 0.1426 0.1100 0.0339 0.0240 The weighted average remaining contractual life of options outstanding at year-end was 3.10 years. The fair value of the options granted to employees is considered to represent the value of the employee services received over the vesting period. The weighted average fair value of options granted during the year was $0.1341. These values were calculated using the binomial lattice, based on the Cox, Ross Rubinstein (1979) method applying the following inputs: Weighted average exercise price: $0.64 Expected share price volatility: 52% Since listed for trading on ASX in December 2015, the Group's share price was quite volatile with a wide range of trading volumes. Therefore, the expected volatility was determined based on two years of weekly historical stock returns. (a) Expenses arising from share-based payment transactions Share based payment expense Consultant Share based payments Employee Share based payments Director Share based payments (b) Key Management Personnel Disclosures Compensation Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 74 823 1,094 1,991 992 588 651 2,231 The aggregate compensation made to directors and other members of key management personnel of the Group is set out below: Fluence Corporation Limited 77 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 4 People costs (continued) (b) Key Management Personnel Disclosures (continued) Compensation (continued) Short-term employee benefits Post-employment benefits Share based payments Consolidated entity 31 December 2018 $ 31 December 2017 $ 3,599,150 - 1,283,452 4,882,602 2,468,628 111,057 780,115 3,359,800 The above Key Management Personnel disclosures represents the remuneration of Key Management Personnel defined in the Remuneration Report and paid or payable for the 12 months ended 31 December 2018 and 31 December 2017. For more information on Key Management Personnel Compensation disclosed under the Corporations Act 2001, please refer to Remuneration Report contained under Directors’ Report. 5 Income tax (a) Income tax expense The components of tax expense comprise: Current tax Current tax Adjustments for current tax of prior periods (Increase)/decrease in deferred tax assets Increase/(decrease) in deferred tax liabilities Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (18) 715 (1,139) (442) (687) - - (687) Fluence Corporation Limited 78 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 5 Income tax (continued) (b) Numerical reconciliation of income tax expense to prima facie tax payable Loss from continuing operations before income tax space Prima facie tax on profit from ordinary activities Tax losses carried forward Tax expense - Fluence Italy S.R.L. Tax expense - Fluence Israel Ltd Tax expense - Fluence Argentina Tax expense - other Income tax expense (c) Deferred tax balances (i) Deferred tax assets The balance comprises temporary differences attributable to: Tax losses Unrealised foreign exchange gain/loss Accrued WIP Accrued licence fee Other accruals Doubtful debts provision Annual leave provision Other Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (62,360) (22,881) (18,708) 18,708 (111) (152) (110) (69) (442) 6,864 (6,864) (338) (68) (281) - (687) Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 184 1 19 361 107 - 60 476 1,208 1,133 114 142 276 30 47 64 115 1,921 Fluence Corporation Limited 79 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 5 Income tax (continued) (c) Deferred tax balances (continued) (ii) Deferred tax liabilities The balance comprises temporary differences attributable to: Unrealised foreign exchange gain/loss WIP Intangibles Fixed assets (d) Unrecognised deferred tax assets Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 4 238 - 290 532 55 949 667 - 1,671 A few of the Group's subsidiaries have been accumulating losses in the past years. The consolidated balance of the tax losses carried forward as of 31 December 2018 was $29,568,000 (2017: $24,952,000). 6 Loss per share (a) Basic loss per share Consolidated entity 31 December 2018 $ 31 December 2017 $ Loss attributable to the ordinary equity holders of the Group (0.14) (0.07) (b) Diluted loss per share Consolidated entity 31 December 2018 $ 31 December 2017 $ Loss attributable to the ordinary equity holders of the Group (0.14) (0.07) (c) Reconciliation of earnings used in calculating earnings per share Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 Loss attributable to the ordinary equity holders of the Group used in calculating basic earnings per share: From continuing operations (62,802) (23,568) Fluence Corporation Limited 80 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 6 Loss per share (continued) (d) Weighted average number of shares used as the denominator Consolidated entity 2017 2018 Number Number Weighted average number of ordinary shares used as the denominator in calculating basic and diluted loss per share 439,535,108 319,728,992 7 Cash and cash equivalents, Other financial assets, Cash Flows (a) Cash and cash equivalents Cash and cash equivalents (b) Other financial assets Restricted cash Short term deposits Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 38,741 38,741 75,153 75,153 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 1,538 879 2,417 1,674 3,112 4,786 Fluence Corporation Limited 81 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 7 Cash and cash equivalents, Other financial assets, Cash Flows (continued) (c) Cash flow information Loss before income tax Adjustment for: Depreciation and amortisation expenses Share based payments expense Impairment loss Bad debt expense Warranty provision Inventory reserve Loss on disposal of property, plant and equipment Share of loss of associates and joint ventures Provision for losses Post-employment benefit expense Fair value adjustment on shares in trust Finance costs - net Foreign exchange differences (Increase)/decrease in restricted cash (Increase) in trade and other receivables (Increase) in inventory (Increase) in prepaid expenses (Increase) in concession arrangement assets (Increase)/decrease in other current and non-current assets Increase in trade and other payables Increase/(decrease) in deferred revenues Cash generated from operations Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (62,360) (22,881) 2,937 1,991 56,293 2,229 1,008 172 21 (38) (11,347) 29 - 2,192 (5,255) 108 (5,708) (394) (717) (20,947) 2,061 21,656 (33,814) (49,883) 688 2,231 - 185 52 (24) (22) 29 409 (1,350) 2,006 (2,019) (1,382) (1,593) (31,106) (15,654) (3,827) - (5,638) 12,578 38,851 (28,467) Fluence Corporation Limited 82 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 8 Trade and other receivables Current receivables - Trade receivables Contract receivables Contract unbilled receivables Provision for impairment - contract receivables Current receivables - Other receivables GST receivable Income tax receivable Other taxes receivable Government grants to be received Other receivables Non-current receivables Long-term receivables Provision for impairment - long-term receivables Additional information on contract debtors Total contract debtors Total contract liabilities Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 15,176 17,882 (3,211) 29,847 2,631 529 406 - 101 3,667 15,456 8,161 (1,927) 21,690 3,211 582 984 70 147 4,994 33,514 26,684 1,223 (1,213) 10 1,531 (1,271) 260 Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 29,847 (29,040) 807 21,690 (4,186) 17,504 Contract assets are balances due from customers under long-term contracts as work is performed and therefore a contract asset is recognised over the period in which the performance obligation is fulfilled. This represents the Group's right to consideration for the products and services transferred to date. Amounts are generally reclassified to contract receivables when this have been invoiced to the customer. Contract assets were recognised as a result of the application of AASB15. Refer to Note 1(ac): new and amended standards adopted by the group, where the effects of the initial application of AASB15 have been detailed. Fluence Corporation Limited 83 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 9 Inventories Raw materials - at cost Work in progress - at cost Finished goods - at net realisable value 10 Concession asset Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 9,217 6,151 3,498 18,866 4,079 13,924 535 18,538 The Group have three concession service arrangements on hand as of 31 December 2018: • • • In July 2018 the Group entered into a service concession arrangement in the Bahamas to build a seawater desalination potable treatment plant. The onsite execution and construction started in October 2018 and is expected to be completed in April 2019. Under the terms of the agreement, the Group will operate the desalination plant and provide water to the grantor for a period of 15 years. The Group will be responsible for any maintenance services required during the concession period. The Group does not expect major repairs to be necessary during the concession period. The grantor will provide the Group a guaranteed minimum annual payment for each year that the desalination plant will be in operation. At the end of the concession period, the desalination plant will become the property of the grantor and the Group will have no further involvement in its operation or maintenance requirements. For the year ended 31 December 2018, the Group has recognised revenue of $2.9 million on the construction of the desalination plant. The revenue recognized represents the fair value of the construction services provided in constructing the desalination plant and are recognised as a concession asset. In January 2016 the Group entered into a service concession arrangement in Mexico to build and operate a desalination plant. The construction started in October 2018 and is expected to be completed by September 2020. Under the terms of the agreement, the Group will operate and maintain the plant and will sell water to the grantor for a period of 30 years. The grantor will provide the Group a guaranteed minimum annual payment for each year that the Desalination plant will be in operation to cover the investment. Additionally, the Group has received the right to charge fees for water consumed from the desalination plant, which the Group will collect and retain. At the end of the concession period, the desalination plant will be transferred and will become the property of the grantor and the Group will have no further involvement in its operation or maintenance requirements. For the year ended 31 December 2018, the Group has recognised revenue of $13.1 million on the construction of the Desalination plant. The revenue recognised represents the fair value of the construction services provided in constructing the desalination plant. The Group recognised an intangible asset and a financial asset received as consideration for providing construction services of $2 million and $11.1 million, respectively. The intangible asset represents the right to charge users a fee for use of the desalination plant. The financial asset represents an unconditional contractual right to receive a specified amount of cash. In November 2018 the Group acquired a company holding a concession service arrangement to build a desalination plant in Peru for a period of 10 years. The Group started construction in March 2018. The construction is expected to be completed in November 2019. The Group will operate and maintain the desalination plant and will sell water to the client for a period of 10 years. At the end of the concession period, the desalination plant will remain in the Group's custody and the agreement might be extended or transferred to a new client. For the year ended 31 December 2018, the Group has recognised revenue of $4.8 million on the construction of the desalination plant. The revenue recognised represents the fair value of the construction services provided in constructing the desalination plant and were recognised as a concession asset. Fluence Corporation Limited 84 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 10 Concession asset (continued) a Current concession asset Non-current concession asset 11 Other assets a Current assets Shares in trust to acquire non-controlling interests Other a Non-current assets Construction bond Incremental costs asset Other Consolidated entity 31 December 31 December 2017 $'000 - - - 2018 $'000 - 18,830 18,830 Consolidated entity 31 December 31 December 2017 $'000 2018 $'000 - 67 67 2,178 695 2,873 Consolidated entity 31 December 31 December 2017 $'000 2018 $'000 2,400 300 459 3,159 2,400 - 390 2,790 Fluence Corporation Limited 85 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 12 Investments accounted for using the equity method a Name of entity E.T.G.R Water Infrastructure Management RWL WATER MEXICO, S DE RL DE CV. Quoted fair value / Carrying Amount 31 December 31 December 2017 $'000 2018 $'000 Place of business/ country of incorporation % of ownership interest Nature of relationship Measurement method Israel 50% Associate Equity method Mexico 49% Joint Venture Equity method 484 - 484 428 67 495 As of 31 December 2018, the Group holds 50% interest in E.T.G.R Water Infrastructure Management partnership and a 49% interest in RWL WATER MEXICO, S DE RL DE CV. These investments contributed $38,000 to Fluence Corporation Limited gain, which is included in 'Other gains/(loss) - net' in the Consolidated Statement of Profit or Loss and Other Comprehensive Income. Fluence Corporation Limited 86 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 13 Property, plant and equipment Consolidated entity At 1 January 2018 Cost or fair value Accumulated depreciation Net book amount Year ended 31 December 2018 Opening net book amount Adoption of AASB 16 Adoption of AASB 129 Additions Disposals Depreciation charge Exchange differences Closing net book amount At 31 December 2018 Cost Accumulation depreciation Net book amount Buildings and Leasehold improvements $'000 Production equipment $'000 Office furniture and equipment $'000 Land $'000 Computers and peripheral equipment $'000 Vehicles $'000 Right of use assets $'000 Total $'000 77 - 77 77 - 7 114 - - (4) 194 194 - 194 4,777 (1,313) 3,464 3,464 - 759 1,015 - (382) (1,369) 3,487 4,830 (1,343) 3,487 4,099 (2,037) 2,062 2,062 - 12 1,018 - (288) (178) 2,626 5,019 (2,393) 2,626 1,331 (782) 549 549 - 14 76 (19) (149) (24) 447 1,303 (856) 447 2,438 (1,730) 708 708 - 15 476 - (344) (123) 732 2,789 (2,057) 732 835 (581) 254 254 - 36 104 (26) (68) (50) 250 760 (510) 250 - - - - 8,962 - - - (1,674) (178) 7,110 8,750 (1,640) 7,110 13,557 (6,443) 7,114 7,114 8,962 843 2,803 (45) (2,905) (1,926) 14,846 23,645 (8,799) 14,846 Fluence Corporation Limited 87 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 13 Property, plant and equipment (continued) Consolidated entity At 1 January 2017 Cost or fair value Accumulated depreciation Net book amount Year ended 31 December 2017 Opening net book amount Business acquisition Additions Disposals Depreciation charge Exchange differences Closing net book amount At 31 December 2017 Cost or fair value Accumulated depreciation Net book amount Buildings and Leasehold improvements $'000 Production equipment $'000 Office furniture and equipment $'000 Land $'000 Computers and peripheral equipment $'000 Vehicles $'000 Right of use assets $'000 Total $'000 - - - - 76 - - - 1 77 77 - 77 39 (6) 33 33 1,373 2,069 - (60) 49 3,464 4,777 (1,313) 3,464 1,255 (331) 924 924 300 1,040 - (144) (58) 2,062 4,099 (2,037) 2,062 83 (52) 31 31 209 350 - (56) 15 549 248 (197) 51 51 611 229 (3) (207) 27 708 1,331 (782) 549 2,438 (1,730) 708 - - - - 324 29 (15) (67) (17) 254 835 (581) 254 - - - - - - - - - - - - - 1,625 (586) 1,039 1,039 2,893 3,717 (18) (534) 17 7,114 13,557 (6,443) 7,114 Fluence Corporation Limited 88 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 14 Intangible assets Consolidated entity Year ended 31 December 2017 Opening net book amount Business acquisition Additions Amortisation charge Currency translation differences Closing net book amount Year ended 31 December 2018 Opening net book amount Additions Impairment loss (i) Amortisation charge Currency translation differences Closing net book amount Capitalised development costs $'000 Capitalised concession asset $'000 Goodwill $'000 Total $'000 - 56,293 - - - 56,293 56,293 - (56,293) - - - 2,134 - - (167) 241 2,208 2,208 - - (138) (158) 1,912 - 1,225 598 - (157) 1,666 1,666 2,017 - - 8 3,691 2,134 57,518 598 (167) 84 60,167 60,167 2,017 (56,293) (138) (150) 5,603 Impairment tests for goodwill (i) Goodwill and intangible assets with an indefinite useful life are not subject to amortisation and are tested annually for impairment or more frequently if events or changes in circumstances indicate that they might be impaired. Other intangible assets are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss is recognised for the amount by which carrying amount exceeds its recoverable amount. Intangibles have been allocated to three Cash Generating Units (CGUs) for impairment testing as follows: • Israel Business Unit • Italy Business Unit • All other Business Units that include the Group's operations mostly in Argentina, USA and UAE The Directors have conducted an overall review of their Value in Use model at 30 June 2018 and have determined the Goodwill to be fully impaired for all three Cash Generating Units (CGU's) the Goodwill was attributed to. An impairment of $56,293,000 has been recognised in the Financial Statements for the year ended 31 December 2018. Movement in Goodwill by CGU for the twelve months ended 31 December 2018: CGU Balance of goodwill Israel Business Unit Italy Business Unit Other Business Units Total 31 December 2017 $'000 30,898 6,103 19,292 56,293 Goodwill impairment For the 12 months ended 31 December 2018 $'000 Balance of goodwill 31 December 2018 $'000 (30,898) (6,103) (19,292) (56,293) - - - - Fluence Corporation Limited 89 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 14 Intangible assets (continued) (ii) Capitalised concession asset Please refer to the Note 1 'Summary of significant accounting policies', (aa) 'Investments and other financial assets'. 15 Trade and other payables and other liabilities Current Trade payables Accrued payroll liabilities Accrued project expenses Payable to non-controlling interests (i) Government grants (ii) Lease liability (iii) Other accruals Other financial liabilities Acquisition milestone 2 payable (iv) Non-current Government grants (ii) Lease liability (iii) Other liabilities Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 10,558 2,919 29,040 300 1,852 1,319 2,857 48,845 - - 2,982 6,026 293 9,301 16,580 1,216 4,186 4,318 - - 1,511 27,811 1,000 1,000 2,402 - 193 2,595 (i) Payable to non-controlling interests In May 2017, the agreement was reached between RWL Water LLC Group (RWL) and the non-controlling interests owners of its subsidiary in Argentina that RWL would buy out the remaining 30% ownership share and become the sole owner of its subsidiary in Argentina. The deal was contingent upon the Emefcy Group acquisition of RWL, which took place on 14 July 2017. The consideration paid to non-controlling interests was determined as $4,618,000 and included three components: $300,000 payable in cash; $4,018,000 payable when the shares issued by Fluence corporation in relation to this transaction are sold; and $300,000 as contingent consideration, payable when the certain performance conditions are met. The cash portion of the consideration was paid in July 2017, leaving $4,318,000 unpaid as of 31 December 2017. The shares issued by Fluence corporation in relation to this transaction were sold in January 2018 and $4,018,000 was paid to non-controlling interests as per agreement. The balance of $300,000 remained unpaid as of 31 December 2018. Fluence Corporation Limited 90 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 15 Trade and other payables and other liabilities (continued) (ii) Government Grant Liability The Group participates in programs sponsored by the Office of the Chief Scientist (“OCS”) of Israel, for the support of research and development projects. In exchange for the Chief Scientist's participation in the programs, the Group is required to pay royalties to the Chief Scientist at a rate between 3% and 4.5% of sales to end customers of products developed with funds provided by the Chief Scientist, if and when such sales are recognised. As of December 31, 2018 and 2017, the Group recognised a liability to the OCS in the amount of $4,628,000 and $2,305,000 respectively for the obligation for future royalty payments. The recognition of a liability for the Group to repay the grants from future royalty payments is based on its estimation at the end of each year. The discounted rate used by the Group for the liability is 13.9%. As of 31 December 2018, royalties of $38,000 have been paid. The Group has also participated in programs sponsored by the Ministry of National Infrastructures (“MNI”) of Israel, for the support of research and development projects. In exchange for the MNI's participation in the programs, the Group is required to pay royalties to the MNI at a rate of 5% of the sales to end customers of products developed with funds provided by the MNI, if and when such sales are recognised. As of 31 December 2018 and 2017, the Group recognised a liability to the MNI in the amount of $206,000 and $97,000 respectively. The exceptions of the Group to pay the grants are based on its estimation at the end of each year. The discounted rate used by the Group for the liability is 13.9%. As of 31 December 2018, royalties of $99,000 have been paid. (iii) AASB 16 lease liability In 2018, the Group implemented AASB 16. The liability of $7,345,000 arising from the implementation of this new standard represents the Group obligation to make lease payments. (iv) Acquisition milestone 2 payable As a part of the transaction between Emefcy Group Limited and Emefcy Limited (Israel) in December 2015, a maximum liability of $2million is payable to a shareholder of Emefcy Limited (Israel) on completion of the acquisition in lieu of receiving shares in Emefcy Group Limited subsequent to the satisfaction of the two commercial milestones. The First Milestone was achieved and paid in 2016. The Second Milestone was achieved at the end of the year 2017 and in 2018. 16 Provisions Current Employee benefits Provision - onerous contracts (i) Warranty provision Other provisions Non-current Employee benefits Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 1,469 - 1,299 1,324 4,092 838 838 2,362 23,656 300 1,393 27,711 878 878 Fluence Corporation Limited 91 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 16 Provisions (continued) Consolidated entity Current At 1 January 2018 Additions Reversal Utilised Currency translation differences Total Non-current At 1 January 2018 Additions Reversal Utilized Currency translation differences Employee benefits $'000 Warranty $'000 Onerous contracts $'000 Other $'000 Total $'000 2,362 - - (690) (203) 1,469 878 58 - (29) (69) 838 300 1,008 - - (9) 1,299 23,656 - (11,126) (221) (12,309) - - - - - - - - - - - - - 1,393 345 - (428) 14 1,324 - - - - - - 27,711 1,353 (11,126) (1,339) (12,507) 4,092 878 58 - (29) (69) 838 (i) Onerous contract In 2016, prior to the acquisition of RWL Water by Fluence (previously Emefcy) on 14 July 2017, RWL Water recognised a provision for onerous contract from a specific project they entered into in 2015. At 31 December 2018, and upon this project being close to completion, the Group reviewed the amount of the provision. Based on the progress of this project it was assessed that it is no longer probable that an outflow of resources will be required post 31 December 2018, and that the provision should be reversed. Onerous contract provision - Onerous contract provision 31 December 2018 31 December 2017 $'000 $'000 a - 23,656 The onerous provision in the amount of $11,347,000 was released to cost of sales in the Consolidated Statement of Profit or Loss and Other Comprehensive Income in the 31 December 2018 financial year. 17 Deferred revenue Deferred revenue Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 25,898 38,173 Deferred revenue represents remaining pre-payments made primarily by one large customer upon entering into a multi-year contract with the Group in 2015. The balance decreased as the work was largely completed in FY2018, with some residual work to be completed in 2019 (refer to note (ab)(vii) for more information). Fluence Corporation Limited 92 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 18 Contributed equity Ordinary shares Options Share capital 31 December 2018 No. 31 December 2017 No. 31 December 2018 $'000 31 December 2017 $'000 537,375,296 46,436,671 583,811,967 435,368,167 52,778,282 488,146,449 179,047 6,079 185,126 152,810 4,088 156,898 (a) Ordinary Shares - Fully Paid Number of shares $'000 Opening balance 1 January 2017 Shares issued to acquire RWL Water LLC group Private placement at AU$0.84 per share Private placement at AU$0.84 per share Shares issued for non-controlling interests buyout Exercise of options Issue of deferred consideration shares Transaction costs arising on share issue Deferred consideration shares to be issued - Milestone 2 Shares to be issued - RWL Water LLC group acquisition (subject to holdback) Balance 31 December 2017 Opening balance 1 January 2018 Shares issued for Milestone 2 Shares issued for RWL Water LLC group acquisition, previously subject to holdback Private placement at AU$0.37 per share Shares issued pursuant to a Share Purchase plan announced on 26 October 2018 at AU$0.37 per share Exercise of options Transaction costs arising on share issue Balance 31 December 2018 Notes (i) (i) 257,051,054 80,400,000 30,537,848 16,309,001 6,245,264 2,225,000 18,511,027 411,279,194 - 3,988,973 20,100,000 435,368,167 Number of shares 411,279,194 3,988,973 20,100,000 89,455,295 9,051,835 3,499,999 537,375,296 - 537,375,296 51,271 65,828 20,000 10,900 4,018 802 - 152,819 (9) - - 152,810 $'000 152,810 - - 23,987 2,428 799 180,024 (977) 179,047 (i) Transaction costs relating to share issues Under AASB 132, incremental costs that are directly attributable to issuing new shares should be deducted from equity. The share issue expense relates to costs directly attributable to the issuing of new shares, costs associated with the listing have been deducted from equity. Ordinary shares Ordinary shares entitle the holder to participate in dividends and the proceeds on winding up of the Group in proportion to the number of shares held. At shareholder meetings, each ordinary share is entitled to one vote when a poll is called; otherwise each shareholder has one vote on a show of hands. Fluence Corporation Limited 93 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 18 Contributed equity (continued) (b) Options 2017 w Opening balance Unlisted options issued to employees Unlisted options issued to consultants Unlisted options issued to directors Exercised options Cancelled options Balance at 31 December 2017 2018 w Opening balance Unlisted options issued to employees Unlisted options issued to consultants Unlisted options issued to directors Reversal of unlisted options issued to employees Reversal of unlisted options issued to consultants Exercised options Cancelled options Balance at 31 December 2018 Number of options 18,742,946 19,978,336 10,250,000 6,032,000 (2,225,000) - 52,778,282 Number of options 52,778,282 2,243,000 100,000 1,500,000 (992,000) (2,040,001) (3,499,999) (3,652,611) 46,436,671 (c) Summary of all unlisted options in existence The general terms and conditions of the options are detailed in the Directors' Report. Date options granted Expiry date Issue price of shares Number under option 18 December 2015 28 January 2016 11 April 2016 29 February 2016 29 February 2016 29 February 2016 29 February 2016 23 March 2016 23 March 2016 23 March 2016 23 March 2016 17 May 2016 17 May 2016 18 May 2016 18 May 2016 15 June 2016 25 July 2016 25 August 2016 23 September 2016 27 October 2016 1 November 2016 23 September 2016 18 December 2019 31 January 2019 13 April 2020 23 December 2019 23 December 2019 28 February 2020 28 February 2020 23 March 2020 23 March 2020 12 April 2020 12 April 2020 16 May 2020 28 May 2020 18 May 2020 18 May 2021 31 May 2020 25 July 2020 25 August 2020 25 September 2020 26 October 2020 31 October 2020 9 November 2020 AU 40 cents AU 40 cents AU 35 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 30 cents AU 40 cents AU 59 cents AU 59 cents AU 40 cents AU 40 cents AU 93 cents AU 79 cents AU 87 cents AU 1.00 dollar AU 1.07 dollars AU 74 cents AU 1.00 dollar 2,000,000 1,940,000 500,000 431,473 431,473 100,000 100,000 75,000 75,000 50,000 50,000 400,000 100,000 1,000,000 1,000,000 1,000,000 250,000 325,000 200,000 350,000 500,000 200,000 Fluence Corporation Limited 94 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 18 Contributed equity (continued) (iii) Summary of all unlisted options in existence (continued) Date options granted Expiry date Issue price of shares 9 February 2017 20 December 2016 9 February 2017 28 March 2017 8 March 2017 8 March 2017 5 May 2017 31 May 2017 31 May 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 19 July 2017 1 July 2017 7 September 2017 14 September 2017 14 July 2017 10 January 2018 26 March 2018 28 June 2018 31 July 2018 31 July 2018 9 February 2021 20 December 2020 10 January 2021 4 March 2021 31 March 2019 31 March 2019 3 May 2021 25 May 2025 25 May 2025 13 July 2021 13 July 2021 13 July 2021 25 May 2025 14 July 2019 6 July 2021 30 September 2019 13 November 2021 10 September 2021 11 March 2022 25 May 2022 27 August 2022 31 July 2022 31 July 2022 AU 1.00 dollar AU 87 cents AU 84 cents AU 82 cents AU 72 cents AU 72 cents AU 86 cents AU 93 cents AU 85 cents AU 1.20 dollars AU 1.50 dollars AU 84 cents AU 84 cents AU 72 cents AU 97 cents AU 75 cents AU 86 cents AU 81 cents AU 58 cents AU 48 cents AU 46 cents AU 1.20 dollars AU 1.50 dollars Number under option 350,000 75,000 25,000 1,000,000 2,000,000 1,000,000 175,000 11,191,336 347,389 3,850,000 3,850,000 1,500,000 350,000 300,000 100,000 750,000 1,140,000 3,800,000 180,000 1,375,000 500,000 750,000 750,000 46,436,671 19 Non-controlling interests a Opening Balance at 1 January 2017 Contributed equity Profit for the year attributable to non-controlling interests Closing Balance at 31 December 2017 a Opening Balance at 1 January 2018 Contributed equity Profit for the year attributable to non-controlling interests Closing Balance at 31 December 2018 Consolidated entity 31 December 2017 $'000 - 58 96 154 Consolidated entity 31 December 2018 $'000 154 105 955 1,214 The group has four subsidiaries with non-controlling interests, none of which are material to the group. Fluence Corporation Limited 95 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 19 Non-controlling interests (continued) (i) Desaladora Kenton SA de CV, Mexico was founded in December 2015 by RWL Water LLC group ('RWL') and Mexican partners in order to invest in the project to build, finance, operate and transfer (BOT) a seawater desalination plant in San Quintin, Baja California, Mexico. RWL holds the 51% ownership share in Desaladora Kenton SA de CV. (ii) Constructora Kenton SA de CV, Mexico was founded in May 2016 by RWL and Mexican partners in order to act as the EPC contractor for the project to build, finance, operate and transfer (BOT) a seawater desalination plant in San Quintin, Baja California, Mexico. RWL holds the 51% ownership share in Constructora Kenton SA de CV. (iii) RWL acquired the 70% share in Acquavit Ltda., Brazil in March 2017. Acquavit Ltda. delivers water and wastewater treatment projects to industrial and municipal clients. The company has expertise in advanced oxidation, disinfection processes, membrane systems, ion exchange systems, water and wastewater treatment units, and water reuse systems. (iv) In October 2018 the Group formed a new entity The International Company for Water Services and Infrastructure S.A.E. in Egypt to supply the desalination plants to projects owned by the Egyptian Ministry of Housing. The Group holds 75% share in this entity. 20 Other reserves Foreign currency translation reserve Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 (15,752) (1,376) Foreign currency translation reserve The foreign currency translation reserve is used to record exchange differences on translation of foreign controlled subsidiaries. Amounts are reclassified to profit or loss when the investment is disposed of. 21 Financial risk management The Group’s activities expose it to a variety of financial risks: market risk (including currency risk, interest rate risk and price risk), credit risk and liquidity risk. The Group’s overall risk management program focuses on the unpredictability of financial markets and seeks to minimise potential adverse effects on the financial performance of the Group. The Group uses different methods to measure different types of risk to which it is exposed. The Board provides principles for overall risk management, as well as policies covering specific areas, such as foreign exchange risk, interest rate risk, credit risk and investment of excess liquidity. (a) Market risk (i) Foreign exchange risk The Group undertakes certain transactions denominated in foreign currency and is exposed to foreign currency risk through foreign exchange rate fluctuations. Foreign exchange rate risk arises from future commercial transactions and recognised financial assets and financial liabilities denominated in a currency that is not the Group’s functional currency. The carrying amounts of the Group’s foreign currency denominated monetary assets and liabilities at the reporting date are as follows: Fluence Corporation Limited 96 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 21 Financial risk management (continued) (a) Market risk (continued) (i) Foreign exchange risk (continued) Consolidated entity ILS $'000 EUR $'000 31 December 2018 ARS AUD $'000 $'000 RMB $'000 BRL $'000 Assets Liabilities 1,759 (3,846) (2,087) 5,700 (6,085) (385) 10,894 (400) 10,494 4,809 (309) 4,500 3,410 (1,919) 1,491 2,342 (536) 1,806 A strengthening or weakening of 10% of the United States Dollar against the following currencies would have an equal and opposite effect on loss after tax and equity as outlined below. The analysis assumes that all other variables, in particular interest rates, remain constant. The use of 10% was determined based on the analysis of ILS, EUR, AUD, ARS, BRL and RMB change, on an absolute value basis, between 31 December 2018 and 31 December 2017. The average change of these currencies within this period was approximately 10%. w Australian Dollar (AUD) Argentina Peso (ARS) Israeli New Shekel (ISL) Euro (EUR) Brazilian Real (BRL) Renminbi (RMB) 2018 +10%/-10% $'000 1,049/(1,049) 450/(450) (209)/209 (38)/38 181/(181) 149/(149) 2017 +10%/-10% $'000 24/(24) 417/(417) (527)/527 (574)/574 - 3/(3) Interest rate risk (ii) The Group is exposed to interest rate risks via the cash and cash equivalents that it holds. Interest rate risk is the risk that a financial instruments value will fluctuate as a result of changes in market interest rates and the effective weighted average interest rates on classes of financial assets and financial liabilities. Instruments with cash flow risk Cash and cash equivalents Consolidated entity 31 December 2018 $'000 31 December 2017 $'000 38,741 75,153 An increase or decrease of 1% in interest rates at the reporting date would have the following increase/ (decrease) effect on after tax loss and equity. The analysis assumes that all other variables remain constant. The use of 1% was determine based on analysis of the US Federal Funds rates change, on an absolute value basis, between December 2016, December 2017 and December 2018. The average change of rate was 0.7%. Fluence Corporation Limited 97 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 21 Financial risk management (continued) (a) Market risk (continued) (ii) Interest rate risk (continued) w Cash and cash equivalents (b) Credit risk 2018 +1%/-1% $'000 396/(396) 2017 +1%/-1% $'000 799/(799) Credit risk refers to the risk that a counterparty will default on its contractual obligations resulting in financial loss to the Group. The Group closely monitors the activities of its counterparties and controls the access to its intellectual property which enables it to ensure the prompt collection of customers’ balances. The Group’s main financial assets are cash and cash equivalents as well as trade and other receivables and represent the Group’s maximum exposure to credit risk in connection with its financial assets. Trade and other receivables are carried on the balance sheet net of bad and doubtful debt provisions estimated by management based on prior year experience and an evaluation of prevailing economic circumstances. Wherever possible and commercially practical the Group holds cash with major financial institutions in various regions. Maturity profile The table below analyses the consolidated entity’s financial assets into relevant maturity groupings based on the aging profile at the reporting date. The amounts disclosed in the table are the aging profiles of trade and other receivables for the Group. Contractual maturities of financial assets At 31 December 2018 Trade receivables Other receivables Contractual maturities of financial assets At 31 December 2017 Trade receivables Other receivables Less than 6 months $'000 Greater than 6 months $'000 Total contractual cash flows $'000 11,730 101 11,831 235 10 245 11,965 111 12,076 Less than 6 months $'000 Greater than 6 months $'000 Total contractual cash flows $'000 11,173 217 11,390 2,356 260 2,616 13,529 477 14,006 Impairment of financial assets In relation to the impairment of financial assets, AASB 9 requires an expected credit loss model as opposed to an incurred credit loss model under AASB 139. The expected credit loss model requires the Group to account for expected credit losses at each reporting date to reflect changes in credit risk since initial recognition of the financial assets. In other words, it is no longer necessary for a credit event to have occurred before credit losses are recognised. Fluence Corporation Limited 98 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 21 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) In particular, AASB 9 requires the Group to measure the loss allowance for a financial instrument at an amount equal to the lifetime expected credit losses (ECL) if the credit risk of that financial instrument has increased significantly since initial recognition, or if the financial instrument is a purchased or originated credit-impaired financial asset. However, if the credit risk on a financial instrument has not increased significantly since initial recognition (except for a purchased or originated credit-impaired financial asset), the Group is required to measure the loss allowance for that financial instrument at an amount equal to 12-months ECL. AASB 9 also requires a simplified approach for measuring the loss allowance at an amount equal to lifetime ECL for trade receivables, contract assets and lease receivables in certain circumstances. The Group recognises a loss allowance for expected credit losses on investments in debt instruments that are measured at amortised cost, amounts due from customers, as well as on loan commitments and financial guarantee contracts. The amount of expected credit losses is updated at each reporting date to reflect changes in credit risk since initial recognition of the respective financial instrument. Low credit risk financial instruments Some financial instruments are considered low credit risk due to contracts held with certain counterparties, including government organisations with strong capacity to meet contractual cash flow obligations in the near term and not expected to be affected by changes in economic and business conditions. Measuring movements in credit risk The Group have developed a sophisticated approach to periodically reviewing each contract. The Group measures its credit risk through credit assessment criteria and use risk mitigation actions to manage credit risk. The Group uses the following credit assessment criteria: • • Exposure - The magnitude of credit exposure indicates the extent to which the Group is exposed to the risk of loss in the event of the counterparty default. Credit exposure can be minimized through avoiding engagement with only several counterparties in the same geographical area, background checks on new customers, establish credit limits, use credit and political risk insurance, etc. Probability of default (PD) - the likelihood of a default over a particular time horizon. It provides an estimate of the likelihood that a counterparty will be unable to meet its contractual obligations. PD can be minimized by developing a credit score for each counterparty by using historical information such as financial statements or use external rating agencies and developing a standard process to handling overdue accounts. The Company considers the probability of default upon initial recognition of the asset and whether there has been a significant increase in credit risk on an ongoing basis throughout each reporting period. To assess whether there is a significant increase in credit risk the Company compares the risk of a default occurring on the asset as at the reporting date with the risk of default as at the date of initial recognition. In making this assessment, the Group considers both quantitative and qualitative information that including historical experience and forward-looking information that is available without undue cost or effort. Forward-looking information considered includes the future prospects of the industries in which the Group’s debtors operate, obtained from economic expert think-tanks and other similar organisations, as well as consideration of various external sources of actual and forecast economic information that relate to the Group’s core operations. In particular, the following information is taken into account when assessing significant movements in credit risk: financial analysts, governmental bodies, is reasonable and supportable, relevant reports, • • • internal credit rating; external credit rating (as far as available); actual or expected significant adverse changes in business, financial or economic conditions that are expected to cause a significant change to the counterparty’s ability to meet its obligations; Fluence Corporation Limited 99 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 21 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) • • • actual or expected significant changes in the operating results of the counterparty; significant increases in credit risk on other financial instruments of the same counterparty; significant changes in the value of the collateral supporting the obligation or in the quality of third-party guarantees or credit enhancements; significant changes in the expected performance and behaviour of the counterparty, including changes in the payment status of counterparties in the Group and changes in the operating results of the counterparty; • • macroeconomic information such as market interest rates and growth rates; and, • political condition of the region where the counterparty is located. Definition of default The Group considers the following as constituting an event of default for internal credit risk management purposes as historical experience indicates that receivables that meet either of the following criteria are generally not recoverable. • • if there is a material breach of financial covenants by the counterparty and this is not expected to be remedied in the foreseeable future; or information developed internally or obtained from external sources indicates that the counterparty is unlikely to pay its creditors, including the Group, in full (without taking into account any collaterals held by the Group). Irrespective of the above analysis, the Group considers that default has occurred when a financial asset is significantly past due unless the Group has reasonable and supportable information to demonstrate that a more lagging default criterion is more appropriate. Credit-impaired financial assets A financial asset is credit-impaired when one or more events that have a detrimental impact on the estimated future cash flows of is credit-impaired includes observable data about the following events: financial asset have occurred. Evidence that a financial asset that • • • a breach of contract, such as a default or past due event; it is becoming probable that the borrower will enter bankruptcy or other financial reorganization; or the disappearance of an active market for that financial asset because of financial difficulties. Write-off policy The Group writes off a financial asset when there is information indicating that the counterparty is in severe financial difficulty and there is no realistic prospect of recovery, e.g. when the counterparty has been placed under liquidation or entered into bankruptcy proceedings. Financial assets written off may still be subject to enforcement activities under the Group’s recovery procedures, taking into account legal advice where appropriate. Any recoveries made are recognised in profit or loss. (c) Liquidity risk Liquidity risk is the risk that the consolidated entity will not be able to meet its financial obligations as they fall due. Prudent liquidity risk management implies maintaining sufficient cash balances and access to equity funding when needed. Maturity profile The table below analyses the consolidated entity’s financial liabilities into relevant maturity groupings based on the remaining period at the reporting date to the contractual maturity date. The amounts disclosed in the table are the contracted undisclosed cash flows. Fluence Corporation Limited 100 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 21 Financial risk management (continued) (c) Liquidity risk (continued) Maturity profile (continued) Contractual maturities of financial liabilities At 31 December 2018 Trade and other payables and other liabilities Borrowings At 31 December 2017 Trade and other payables and other liabilities Borrowings Other financial liabilities Greater than 6 months $'000 Total contractual cash flows $'000 Less than 6 months $'000 40,896 108 41,004 17,250 260 17,510 58,146 368 58,514 27,499 1,043 1,000 29,542 2,907 102 - 3,009 30,406 1,145 1,000 32,551 Non-recourse debt facility Fluence holds a US$50 million non-recourse stand-by debt facility for project financing of Build, Own, Operate and Transfer ("BOOT") projects, enhancing the Company’s ability to grow the recurring revenues based on its Smart Products Solutions. The facility is provided by Generate Capital, a leading US-based infrastructure investment firm. Fluence is expected to have access to this facility on a project-by-project basis for 3 years without any geographical limitation. (d) Capital risk management The Group's objectives when managing capital are to safeguard the Group's ability to continue as a going concern and to maintain an optimal capital structure so as to maximise shareholder value. In order to maintain or achieve an optimal capital structure, the Group may issue new shares or reduce its capital, subject to the provisions of the Group's constitution. The capital structure of the Group consists of equity attributed to equity holders of the Group, comprising contributed equity, reserves and accumulated losses. By monitoring undiscounted cash flow forecasts and actual cash flows provided to the Board by the Group's Management the Board monitors the need to raise additional equity from the equity markets. (i) Loan covenants The Group doesn't have any loan facilities as of 31 December 2018 that require to comply with the covenants. 22 Recognised fair value measurements Fair value hierarchy All assets and liabilities for which fair value is measured or disclosed are categorised according to the fair value hierarchy as follows: • • • Level 1 - Quoted prices (unadjusted) in active markets for identical assets or liabilities; Level 2 - Inputs other than quoted prices included in Level 1 that are observable for the asset or liability, either directly or indirectly; and Level 3 - Inputs for the assets or liability that are not based on observable market data (unobservable inputs). Fluence Corporation Limited 101 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 22 Recognised fair value measurements (continued) Fair value hierarchy (continued) 2018 a Recurring fair value measurements Financial liabilities Government grant liability 2017 a Recurring fair value measurements Financial liabilities Acquisition milestone 2 payable Government grant liability Level 1 $'000 Level 2 $'000 Level 3 $'000 Total $'000 - - - - Level 1 $'000 Level 2 $'000 - - - - - - 4,834 4,834 Level 3 $'000 1,000 2,402 3,402 4,834 4,834 Total $'000 1,000 2,402 3,402 Disclosed fair values The group also has assets and liabilities which are not measured at fair value, but for which fair values are disclosed in the notes to the financial statements. Due to their short-term nature, the carrying amount of trade and other receivables, trade and other payables and provisions are assumed to approximate their fair values because the impact of discounting is not significant. Valuation techniques and assumptions used to derive Level 3 fair values recognised in the financial statements The fair value of the government grant liability is determined by the expected time period that the grant liability is to be repaid from the royalty stream from future revenue discounted over time at a rate of 13.9% (2017: 13.9%) Reconciliation of Level 3 fair value movements The following table sets out the movements in Level 3 fair values for recurring measurements. Opening Balance at 1 January 2017 Payment Adjustment to fair value of liability Closing Balance at 31 December 2017 Payment Adjustment to fair value of liability Currency translation differences Closing Balance at 31 December 2018 Government grant $'000 111 1,224 67 1,111 2,402 23 2,448 (39) 4,834 Fluence Corporation Limited 102 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 23 Remuneration of auditors Audit and other assurance services Audit and review of financial statements - BDO East Coast Partnership Audit and review of financial statements - BDO related practices Overruns from prior years audits Audit and review of financial statements - Mazars a Other services BDO - Non-assurance services (i) Mazars - Non-assurance services (ii) Consolidated entity 2018 $ 232,000 246,857 23,000 - 501,857 32,410 - 32,410 2017 $ 159,092 159,800 - 302,118 621,010 159,571 40,689 200,260 (i) BDO non-assurance relate to the provision of services in connection with the acquisition and tax related services. (ii) Mazars non-assurance services relate to the provision of tax related services. 24 Commitments and Contingent Liabilities (a) Commitments (i) As at 31 December 2018 the group provided bank guarantees for fulfilment of a lease commitment, for bid bonds and for performance guarantees for its projects in the amount of $2,864 thousands (2017: $4,226 thousands). (ii) The Group has a government grant liability of $4,834 thousands for more details refer to Note 15 - Trade and other payables and other liabilities. (b) Contingent liabilities The Group was subject to a claim during the year. The Directors will vigorously defend this claim and are confident that it will be successfully defended. 25 Related party transactions Parent entity Fluence Corporation Limited is the legal parent entity in the consolidated entity. Subsidiaries Interests in subsidiaries are set out in note 27. Key management personnel Disclosures relating to key management personnel are set out in note 4 and the remuneration report in the directors' report. Fluence Corporation Limited 103 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 25 Related party transactions (continued) Loans to/from related parties Fluence Israel Limited has a long-term receivable from its associate, ETGR Water Infrastructure Management in the amount of $65,000, on which the interest receivable is accrued at $5,000. Fluence Israel Limited also has a balance payable to its non-controlling interests, Libra Ingenieros Civiles SA de CV and RJ Ingenieria of $64,000 and $154,000, on which the interest payable was accrued at $10,000 and $31,000 for the year 2018. Other than the issue of shares and options, no other related party transactions have been entered into between key management personnel and the Group during the financial year 2018 and 2017. Other transactions with related parties Fluence Corporation LLC engaged the former sole member's management company, RSL Management, to process the payroll for a number of Fluence Corporation LLC employees during the transition period, which ended in December 2017. There is no remaining liability in 2018. Fluence Corporation LLC also paid approximately $223,000 for consulting services provided by the former CFO for the year 2018, of which approximately $37,000 was accrued as of 31 December 2018. Fluence Corporation LLC had the liability to pay to the non-controlling interest parties for the buyout of their ownership share in Fluence Argentina. The liability of $4,018,000 was paid in January 2018. The remailing liability of $300,000 accrued as of 31 December 2018 was paid in January 2019. Fluence Italy S.R.L leases its operating facilities from TMR Immobiliare S.r.l. (TMR), which is an Italian private limited liability company in which two employees (former minority shareholders of the company) are members. The lease requires Fluence Italy to pay an annual rent in twelve monthly instalments plus all management expenses of the property and the cost of utilities. Rent paid on this lease was approximately $122,000 for the year 2018. The balance future commitment is approximately $58,000 for the year 2019. Fluence USA Inc. leases its Ohio sales office from Bear Cabin 14 LLC, (“Bear Cabin”), a limited liability company in which the majority stockholder is an RWL Water USA employee. The lease, renewed in September 2012 for 12 months, requires Fluence USA to pay a monthly base rent. Rent paid on this lease was approximately $24,000 for the year 2018. The balance future commitment is $16,000 for the year 2019. Fluence USA Inc. purchases goods from Waste Water Depot, LLC, a limited liability company in which an employee of Fluence USA is the member. Goods and services purchased were approximately $92,000 for the year 2018. The balance payable is $41,000 as of 31 December 2018. Fluence Corporation Limited 104 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 26 Parent entity financial information Summary financial information The functional currency of the parent entity is Australian Dollars. The individual Financial Statements for the parent entity show the following aggregate amounts: Current assets Total assets Current liabilities Total liabilities Issued capital Reserves Accumulated losses Total Equity Loss for the period Total comprehensive loss 31 December 2018 $'000 AUD 31 December 2017 $'000 AUD - 15,633 73,260 896 918 215,611 13,410 (156,679) 72,342 (104,926) (104,926) - 31,125 130,759 2,107 7,270 178,054 (2,812) (51,753) 123,489 (41,197) (41,197) Fluence Corporation Limited 105 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 26 Parent entity financial information (continued) Summary financial information (continued) Guarantees entered into by the parent entity in relation to the debts of its subsidiaries The parent entity has not entered into any guarantees in the current or prior financial year in relation to debts of its subsidiaries. Significant accounting policies The accounting policies of the parent entity are consistent with those of the Group as disclosed in note 1. Contractual commitments and Contingent Liabilities At 31 December 2018 Fluence Corporation Limited had no contractual commitment and contingent liabilities. 27 Subsidiaries Name Parent Entity Fluence Corporation Limited Subsidiaries of Fluence Corporation Limited Emefcy Limited (Israel) Emefcy Hong Kong Limited Subsidiaries of Emefcy Hong Kong Limited Emefcy China Limited Subsidiaries of Fluence Corporation Limited Fluence Corporation LLC Subsidiaries of Fluence Corporation LLC Nirosoft Trading (1987) Limited Fluence Investments Limited Subsidiaries of Investments Limited RWL Desal Holding Desaladora Kenton Fluence Israel Limited Subsidiaries of Israel Limited VIC Water Systems Nirosoft Industries Limited Nirosoft Australia Limited Nirosoft Cyprus Limited Nirosoft Industries Limited - Chile Branch Nirosoft Industries Limited - Sucursal Colombia Central America SA de CV S.D.L Technologies Limited Constructora Kenton SA de CV ETGR Water Infrastructure Management RWL Water Mexico Fluence Argentina Subsidiaries of Fluence Argentina Acquavit Ltd Fluence Middle East Fluence Italy S.R.L Subsidiaries of Fluence Italy S.R.L RWL Water France Place of incorporation Ownership interest 2018 Ownership interest 2017 Australia Israel Hong Kong China USA Israel United Kingdom Mexico Mexico Israel Australia Cyprus Australia Cyprus Chile Colombia Central America Israel Mexico Israel Mexico South America Brazil UAE Italy France N/A 100% 100% 100% 100% 100% 100% 100% 51% 100% 100% N/A N/A 100% N/A 100% 100% 100% 51% 50% 49% 100% 70% 100% 100% 100% N/A 100% 100% 100% 100% 100% 100% 100% 51% 100% 100% 100% 100% 100% 100% 100% 100% 100% 51% 50% 49% 100% 70% 100% 100% 100% Fluence Corporation Limited 106 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2018 (continued) 27 Subsidiaries (continued) Name Fluence USA Inc. Fluence Investments LLC Subsidiaries of Fluence Investments LLC International Company for Water Services and Infrastructure S.A.E. Fluence BOOT Finance LLC Place of incorporation Ownership interest 2018 Ownership interest 2017 USA USA Egypt USA 100% 100% 75% 100% 100% N/A N/A N/A 28 Events occurring after the reporting period On 27 February 2019 the Company signed a landmark €165 million commercial agreement with the Federal Government of Ivory Coast for the turnkey supply of a 150,000 m3/day surface-water treatment plant (the “ IC Plant”). The commercial agreement still needs to reach financial close, which is conditional upon a number of events including the arrangement of export credit financing, which Fluence is in the process of finalising and procurement of land for IC Plant. Fluence is in advanced discussions to arrange third party financing for the Government of Ivory Coast via a loan from Israel Discount Bank. The project has the support of the state of Israel through its Export Credit Agency (ASHRA). Following Financial Close, which is expected to occur during Q3 2019, construction of the IC Plant will then commence, with completion occurring within 24 months thereafter. Subject to Finance Close and Project Commencement, Fluence expects that this contract will contribute revenues of up to US$20 million in 2019, US$80 million in 2020, with the balance of the contract value to be recognised in 2021. This will significantly increase Fluence’s contracted backlog for each of these years. Progress payments are expected to be made on a quarterly basis, and project financing will be further supported by a specific working capital facility. Fluence Corporation Limited 107 Fluence Corporation Limited Directors' Declaration 31 December 2018 In the Directors' opinion: (a) the Financial Statements and notes set out on pages 49 to 107 are in accordance with the Corporations Act 2001, including: (i) (ii) complying with Australian Accounting Standards, mandatory professional reporting requirements, and the Corporations Regulations 2001 and other giving a true and fair view of the consolidated entity's financial position as at 31 December 2018 and of its performance for the year ended on that date, and (b) there are reasonable grounds to believe that the Group will be able to pay its debts as and when they become due and payable. Note 1(b) confirms that the Financial Statements also comply with International Financial Reporting Standards as issued by the International Accounting Standards Board. This declaration is made in accordance with a resolution of Directors. Henry Charrabé Managing Director and CEO 29 March 2019 New York Fluence Corporation Limited 108 Tel: +61 3 9603 1700 Fax: +61 3 9602 3870 www.bdo.com.au Collins Square, Tower Four Level 18, 727 Collins Street Melbourne VIC 3008 GPO Box 5099 Melbourne VIC 3001 Australia INDEPENDENT AUDITOR'S REPORT To the members of Fluence Corporation Limited Report on the Audit of the Financial Report Opinion We have audited the financial report of Fluence Corporation Limited (the Company) and its subsidiaries (the Group), which comprises the consolidated statement of financial position as at 31 December 2018, the consolidated statement of profit or loss and other comprehensive income, the consolidated statement of changes in equity and the consolidated statement of cash flows for the year then ended, and notes to the financial report, including a summary of significant accounting policies and the directors’ declaration. In our opinion the accompanying financial report of the Group, is in accordance with the Corporations Act 2001, including: (i) Giving a true and fair view of the Group’s financial position as at 31 December 2018 and of its financial performance for the year ended on that date; and (ii) Complying with Australian Accounting Standards and the Corporations Regulations 2001. Basis for opinion We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the Financial Report section of our report. We are independent of the Group in accordance with the Corporations Act 2001 and the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code. We confirm that the independence declaration required by the Corporations Act 2001, which has been given to the directors of the Company, would be in the same terms if given to the directors as at the time of this auditor’s report. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. BDO East Coast Partnership ABN 83 236 985 726 is a member of a national association of independent entities which are all members of BDO Australia Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO East Coast Partnership and BDO Australia Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation, other than for the acts or omissions of financial services licensees. Key audit matters Key audit matters are those matters that, in our professional judgement, were of most significance in our audit of the financial report of the current period. These matters were addressed in the context of our audit of the financial report as a whole, and in forming our opinion thereon, and we do not provide a separate opinion on these matters. Argentinian economic environment and impact of hyperinflation How the matter was addressed in our audit The Fluence Group operates a subsidiary in Argentina, Fluence Argentina S.A. The functional currency of Fluence Argentina is the Argentinian Peso (ARS). On 1 July 2018, Argentina was declared a hyperinflationary economy by the International Monetary Fund requiring the Company to mandatorily adopt AASB 129 Financial Reporting in Hyperinflationary Economies. The Accounting Standard requires a restatement approach whereby financial information within the Argentinian subsidiary is adjusted by applying a general price index to reflect a more meaningful measure of value at year end. This has been determined as a key audit matter due to the complex calculations and disclosures involved in the financial statements in accordance with the requirements of AASB 129 Financial Reporting in Hyperinflationary Economies. Note 1(ac) to the financial statements contains the accounting policy for hyperinflation and the financial reporting impact of the restatement. Our audit procedures included but were not limited to:      Assessing Management’s determination of the functional currency of Fluence Argentina as the Peso (ARS) in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates. Evaluating the hyperinflation adjustment calculations prepared by Management. Reviewing the judgements and assumptions made by Management during the application of the requirements of AASB 129. Engaging our component auditors in Argentina to also audit Management’s hyperinflation calculations. Assessing the relevance and adequacy of disclosures within the financial statements. Carrying value of goodwill How the matter was addressed in our audit Australian Accounting Standards require an annual assessment of impairment of goodwill. Our audit procedures included but were not limited to: The Directors reassessed the carrying value of goodwill at half year 30 June 2018 and made the decision that the entire balance was impaired. An impairment of $56.3m was recognised. This is considered a key audit matter due to the quantum of the impairment and the degree of estimation and significant judgement involved. Note 1(u) to the financial statements contains the accounting policy for the intangible assets; Note 1(ab) contains a summary of key accounting estimates relating to goodwill; and Note 14 Intangible assets details the impairment of goodwill.     Reviewing the methodology and assumptions contained in management’s goodwill impairment model. Engaging our internal valuation experts to assess whether Management’s impairment model was appropriately determined. Challenging key underlying assumptions, including cash flow forecasts, forecast growth rates, discount rate and terminal value. Reviewing the disclosures on the impairment assessment in the financial report to ensure compliance with AASB 136 Impairment of Assets. Audit strategy for overseas operations How the matter was addressed in our audit The Group’s structure comprises significant overseas operations which necessitates the requirement for engagement of component auditors to mitigate the risk associated with delivering an audit in a location and regulatory environment other than Australia. The accounting policy for consolidation as described in Note 1(d), ‘Principles of consolidation’, and details on the controlled entities as disclosed in Note 27 of the accompanying financial report are the basis of this key audit matter. Our audit procedures included but were not limited to:    Gaining an understanding of the Group, its components and the environment they operate in, in order to identify the risks of material misstatement to the Group financial report. Designing, implementing, monitoring and executing a global audit strategy with appropriate protocols and quality control review mechanisms to ensure that it was performed in accordance with the audit plan. Engaging component auditors from BDO- member firms. As part of this we: ― Evaluated their understanding of the ethical requirements and ensured they were competent and independent. ― Issued audit instructions and timetables to our component teams and subsequently reviewed their reporting deliverables. ― Undertook a quality control review of component auditor’s working papers.  Discussing with the component auditors: ― The business and audit activities that were significant to the group audit through regular teleconferences throughout the audit. ― The susceptibility of the component auditor’s financial information to material misstatement from fraud and error. Recognition of revenue – Adoption of AASB 15 Revenue from Contracts with Customers and AASB 1059 Service Concession Arrangements How the matter was addressed in our audit Fluence has adopted AASB 15 Revenue from Contracts with Customers at 1 January 2018. Our audit strategy to address the risks included but were not limited to: AASB 1059 Service Concession Arrangements is also applicable to Fluence’s B.O.T (‘Build, Operate, Transfer’) contracts. The adoption of AASB 15 includes a transitional adjustment to opening retained earnings.   Revenue recognition was identified as a key audit matter due to the significance of revenue to the financial report and the degree of judgement and estimation required by Management including the identification of the discrete performance obligations within each contract and the timing and quantum of revenues to be recognised where the project related performance obligation is satisfied over time. Revenue is also a default fraud risk in accordance with Australia Auditing Standards. Assessing the Group's accounting policy for revenue to ensure it has been correctly formulated in accordance with the Australian Accounting Standards. Obtained and tested a sample of contracts across all material locations and evaluated and verified the significant judgements and estimates made by Management in applying AASB 15 and AASB 1059 to specific contracts and separable performance obligations of contracts. Procedures included reading relevant terms and conditions, testing percentage of completion calculations and inputs, including actual costs incurred and forecast costs to complete.  Performed revenue cut-off procedures and analytical review of revenues. The accounting policy for revenue recognition is described in Note 1(f), ‘Revenue recognition’, and details of revenue are disclosed in Note 3 of the accompanying financial report are the basis of this key audit matter.  Reviewing the disclosures regarding revenue recognition to ensure compliance with AASB 15 Revenue from Contracts with Customers and AASB 1059 Service Concession Arrangements. PDVSA Contract Revenue and Costs How the matter was addressed in our audit In February 2015, RWL Water Argentina accepted a series of purchase orders (P.O.s) from PDVSA (the ‘PDVSA contract’), the agricultural arm of Venezuela’s state-owned oil and natural gas company, for detailed engineering and supply of water and wastewater treatment systems and composting systems for five ethanol production plants in Venezuela. Although 4 of the 5 Purchase Orders were subsequently rescinded in 2017, the Portuguesa portion of the project was continued. The status of the Portuguesa portion of the PDVSA contract, being 95% complete as at 31 December 2018, has been a significant focus of the audit and materially impacts:     Revenue and costs recognised during the year relating to the Portuguesa portion of the contract The Company’s residual liability relating to the unspent advanced payment from PDVSA Release of an onerous contract provision liability Disclosure of the above items A significant focus of our audit has also included an assessment of the cancellation of certain P.O.s within the PDVSA contract in prior years, including ensuring that related project costs and revenue had been correctly accounted for, and recognition of revenue related to variable consideration in relation to rescinded purchase orders. Overlaying the above is the impact of foreign exchange, hyperinflation and Management’s assessment of Fluence Argentina’s functional currency as the Argentinian Peso (ARS). The following procedures were performed with the assistance of our BDO Argentina team:       Assessed the accuracy, classification and disclosure of the residual liability for unspent advanced funds for the PDVSA contract. Obtained and assessed an independent engineering expert’s report in order to validate the stage of completion of the project as at 31 December 2018. Engaged our IFRS technical team to assess the financial reporting impact of the previously cancelled Purchase Orders as a contract modification. This in turn impacted the foreign exchange rate and hyperinflation coefficient applied to the revenue recognised in FY18 in relation to the PDVSA contract. Reviewed independent legal advice (expert in Venezuelan law) obtained by the Company to validate the allocation of the transaction price between various performance objectives including variable consideration. Verified the release of the onerous contract provision in FY18 including the related disclosure. Performed detailed testing of the foreign exchange and hyperinflation determination of the revenue recognition and measurement of the residual liability relating to the unspent advance payment as at 31 December 2018 including an assessment of the related disclosure.  Assessing the relevance and adequacy of disclosures within the financial statements. In light of the inherent uncertainty as to whether future project work will be requested due to the political situation in Venezuela this also necessitates detailed consideration of the accounting treatment of all the above items and the appropriate disclosure. The accounting policy for revenue recognition is described in Note 1(f), ‘Revenue recognition’; Note 1(ab) contains a summary of key accounting estimates relating to PDVSA and details of revenue are disclosed in Note 3 of the accompanying financial report are the basis of this key audit matter. Other information The directors are responsible for the other information. The other information comprises the information in the Group’s annual report for the year ended 31 December 2018, but does not include the financial report and the auditor’s report thereon. Our opinion on the financial report does not cover the other information and we do not express any form of assurance conclusion thereon. In connection with our audit of the financial report, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit or otherwise appears to be materially misstated. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard. Responsibilities of the directors for the Financial Report The directors of the Company are responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards and the Corporations Act 2001 and for such internal control as the directors determine is necessary to enable the preparation of the financial report that gives a true and fair view and is free from material misstatement, whether due to fraud or error. In preparing the financial report, the directors are responsible for assessing the ability of the group to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the directors either intend to liquidate the Group or to cease operations, or has no realistic alternative but to do so. Auditor’s responsibilities for the audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website (http://www.auasb.gov.au/Home.aspx) at: http://www.auasb.gov.au/auditors_responsibilities/ar1.pdf This description forms part of our auditor’s report. Report on the Remuneration Report Opinion on the Remuneration Report We have audited the Remuneration Report included in pages 17 to 44 of the directors’ report for the year ended 31 December 2018. In our opinion, the Remuneration Report of Fluence Corporation Limited, for the year ended 31 December 2018, complies with section 300A of the Corporations Act 2001. Responsibilities The directors of the Company are responsible for the preparation and presentation of the Remuneration Report in accordance with section 300A of the Corporations Act 2001. Our responsibility is to express an opinion on the Remuneration Report, based on our audit conducted in accordance with Australian Auditing Standards. BDO East Coast Partnership David Garvey Partner Melbourne, 29 March 2019 Fluence Corporation Limited Additional information for the 2018 Annual Report The shareholder information set out below was applicable as at 3 April 2019. A. Distribution of equity securities Analysis of numbers of ordinary shareholders by size of holding: Holdings Ranges 1-1,000 1,001-5,000 5,001-10,000 10,001-100,000 100,001-99,999,999,999 Totals Holders 553 1,096 651 1,421 297 4,018 Shares 152,332 3,064,460 5,221,594 49,422,330 479,514,580 537,375,296 Based on the Fluence closing share price on April 3, 2019 of A$0.515, there were 503 holders of less than a marketable parcel of ordinary shares. A total of 100,500,000 shares were held in escrow on April 3, 2019 and are due to be released from escrow on 14 July 2019. All issued ordinary shares carry one vote per share. B. Equity security holders Twenty largest equity security holders The names of the twenty largest registered holders of Ordinary Fully Paid Ordinary Shareholders are listed below: Name RSL INVESTMENTS CORPORATION HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED-GSCO ECA POND VENTURES NOMINEES 111 LIMITED CITICORP NOMINEES PTY LIMITED RSL CAPITAL LLC EMPLOYEE EQUITY ADMINISTRATION PTY LTD HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED PLAN B VENTURES I LLC ESOP MANAGEMENT & TRUST SERVICES LTD JAGEN PTY LTD MR HAO JING MERRILL LYNCH (AUSTRALIA) NOMINEES PTY LIMITED PLAN B VENTURES II LLC J P MORGAN NOMINEES AUSTRALIA PTY LIMITED JOHN W KING NOMINEES PTY LTD DR STUART LLOYD PHILLIPS & MRS FIONA JANE PHILLIPS DR STUART LLOYD PHILLIPS & MRS FIONA JANE PHILLIPS MS QUNYAN WU PYXIS HOLDINGS PTY LTD NATIONAL NOMINEES LIMITED Total Securities of Top 20 Holdings Total Securities of remaining shareholders Total of Securities Balance as at 03-04-2019 % 131,037,848 24.38% 52,888,133 36,264,579 26,494,373 22,864,865 14,166,593 12,346,150 12,104,532 11,739,928 11,644,393 9,100,000 8,174,639 7,902,619 7,709,889 5,563,909 9.84% 6.75% 4.93% 4.25% 2.64% 2.30% 2.25% 2.18% 2.17% 1.69% 1.52% 1.47% 1.43% 1.04% 4,677,500 0.87% 3,550,541 2,656,941 2,600,000 2,400,000 0.66% 0.49% 0.48% 0.45% 385,887,432 71.81% 151,487,864 28.19% 537,375,296 100.00% 116 B. Equity security holders (continued) Options (not listed) Class of options Total number granted Number of holders Lowest exercise price Highest exercise price Earliest expiry date Latest expiry date Director Options 25,091,855 8 $0.35 $1.50 16 December 2019 25 May 2015 Issued under the Company’s ESOP 15,584,804 237 $0.30 $1.50 23 December 2019 25 May 2025 Unlisted Options 1,050,000 2 $0.72 $0.75 14 July 2019 30 September 2019 Total 41,726,659 247 Share options do not carry the right to vote. C. Substantial holders Substantial holders in the company, based on the latest notices received from them, are set out below: RSL INVESTMENTS CORPORATION and RSL CAPITAL LLC WATERMARK SERVICES, LLC as the investment manager of each of 2020 FOUNDATION, INC and SPARK INVESTMENTS, LLC POND VENTURES NOMINEES 111 LIMITED and RICHARD IRVING Total Number of Shares Held by Substantial Shareholders Number held Percentage 157,226,714 29.38% 47,832,656 37,264,579 8.90% 7.08% 242,323,949 45.10% 117 Shareholder enquiries Shareholders with enquiries about their shareholdings should contact the share registry: Boardroom Pty Ltd Level 12, 225 George Street, Sydney, NSW, 2000, Australia Telephone: 1300 737 760 (local), +61 2 9290 9600 (international) Email: enquiries@boardroomlimited.com.au Change of address, change of name, consolidation of shareholdings Shareholders should contact the Share Registry to obtain details of the procedure required for any of these changes. Annual report Shareholders do not automatically receive a hard copy of the Company's Annual Report unless they notify the Share Registry in writing. An electronic copy of the Annual Report can be viewed on the company's website: www.fluencecorp.com Tax file numbers It is important that Australian resident Shareholders, including children, have their tax file number or exemption details noted by the Share Registry. CHESS (Clearing House Electronic Subregister System) Shareholders wishing to move to uncertified holdings under the Australian Securities Exchange CHESS system should contact their stockbroker. Uncertified share register Shareholding statements are issued at the end of each month that there is a transaction that alters the balance of an individual/company's holding. Company Secretary The name of the Company Secretary is Mr Ross Kennedy. Registered office The address of the registered office is Level 3, 62 Lygon Street, Carlton Victoria 3053, Australia. Phone: + 61 3 9824 5254 Stock exchange listing Quotation has been granted for all the ordinary shares of the Group on all member exchanges of the Australia Securities Exchange Limited. 118

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