Fluence Corporation
Annual Report 2019

Plain-text annual report

FLUENCE CORPORATION LIMITED ANNUAL REPORT FOR THE YEAR ENDED 31 DECEMBER 2019 Fluence Corporation Limited ABN 52 127 734 196 Annual Report - 31 December 2019 Contents Corporate Directory Directors' Report Auditor's Independence Declaration 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(cid:3)to(cid:3)the(cid:3)Consolidated(cid:3)Financial(cid:3)Statements(cid:3) Directors'(cid:3)Declaration Independent(cid:3)Auditor's(cid:3)Report Environmental(cid:3)and(cid:3)Sustainability(cid:3)information(cid:3) Shareholder(cid:3)(cid:44)nformation Page 1 2 45 46 47 48 49 50 100 101 107 109 Fluence Corporation Limited Corporate Directory Directors Company Secretary Registered Office Principal Place of Business Share Registry Auditors Solicitors Bankers Securities Quoted Website 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 Dr Ramesh Rengarajan Non-Executive Director Mr Arnon Goldfarb Non-Executive Director Mr Paul Donnelly Non-Executive Director Mr Ross Kennedy 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 2019 The Directors present their report, together with the financial statements for the year ended 31 December 2019 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 Dr Ramesh Rengarajan, Non-Executive Director Mr Arnon Goldfarb, Non-Executive Director Mr Paul Donnelly, Non-Executive Director Review of operations 1 Multiple milestones achieved in 2019 The main goals for Fluence for 2019 were to continue sales of Smart Products Solutions (SPS), specifically in China and to grow the Recurring Revenue (RR) segment. Whilst revenues were lower than anticipated, the Company managed to achieve several significant milestones during the year: • • • Smart Product Solutions revenue grew to US$26.4m in 2019, up 21.1% on 2018, contributing 43% of total revenue Ivory Coast water treatment plant contract signed for €165 million Successful capital raising of AU$36m to increase assembly capacity in China working with local partners and provide general working capital • Received additional orders from ITEST for AspiralTM Membrane Aerated Biofilm Reactor (MABR) Smart Products Solutions (SPS), and established new partnerships with Aerospace Kaitian Environmental Technology and Liaoning Huahong New Energy with agreements to purchase MABR systems and to establish AspiralTM assembly lines in their respective provinces Expanded presence in China, with 38 partnerships, up from 26 in 2018 • • Recurring revenue of more than US$7.0m, up 6.4% on 2018 • Continued to reduce overheads, which reduced by more than 10% year on year. The total Company revenue for 2019 was US$61.3 million following a strong 2018 of more than US$101.1 million. The reduction was due mainly to delays in revenue recognition for the Ivory Coast water treatment project, which subsequently occurred on January 7, 2020, and delays in the commencement of construction for the San Quintin project in Mexico. Revenues for 2020 - 2022 are underpinned by the Ivory Coast water treatment project. The focus in the medium term is on establishing higher margin, more reliable longer-term revenue streams with lower capital intensity, from Smart Products Solutions and Recurring Revenue projects, underpinned by Fluence’s proprietary MABR technology. 2 Notable successes include (i) Smart Products Solutions (SPS) China • Exclusive partnership with ITEST signed in 2018 and delivering orders in 2019, with further orders confirmed for 2020 for Fluence AspiralTM MABR products • ITEST ordered an additional 40 AspiralTM units in Q1 2019, Fluence’s single largest AspiralTM order to date Fluence Corporation Limited 2 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 2 Notable successes include (continued) • • Signed new partnerships with Aerospace Kaitian Environmental Technology (Aerospace) and Liaoning Huahong New Energy (Liaoning) Signed the first contract in China to deliver a SUBRE project, and later a second SUBRE project designed to achieve the China Class IV Surface Discharge standards. Other markets • In Latin America, the Company • • received its first AspiralTM order executed an agreement for a US$5 million containerised SPS for a greenfield lithium mining project in Argentina executed an agreement for a US$3 million + lithium brine treatment solution in Argentina; • • Demand for NIROBOXTM increased, specifically in the Middle East where water scarcity and security have seen increased risks for municipal, industrial and commercial entities, with the Company securing the sale of five NIROBOXTM during the year • • Another MABR order in the USA was received from a customer in New Mexico, where Fluence was able to meet the high levels of water recycling standards in the United States. Subsequent to year end, on 2 March 2020, the Company announced it had secured an MABR sale for more than US$7 million in the Kingdom of Cambodia’s Sihanoukville Port for the Ministry of Land Management, Urban Planning and Construction through its local partner Xwater Technology Co. Ltd. (ii) Recurring Revenue and Aftermarket • Commencement of the Bimini, Bahamas project achieved, delivering at leaset 450,000 gallons per day with a capacity of up to 792,000 gallons per day, with the project creating recurring revenues of US$1.7m per annum for the next 15 years • • Secured and started development of a BOOT project in Peru, expected to be completed in the second half of 2020 and generate US$3.0m per annum revenue for 10 years, after completion Secured a service contract for a NIROBOXTM installation on Barbuda • Operation & Maintenance contracts for NIROBOXTM installations in Egypt (iii) Custom-Engineered Solutions (CES) • During 2019, the Company signed a commercial agreement with the Federal Government of Ivory Coast for the turnkey supply of 150,000m3/day surface-water treatment plan. Financial close for the project was achieved on 7 January 2020, with the execution of the financing agreement by the Ministry of Finance of Ivory Coast (the "Customer") and the Israeli Discount Bank ("IDB"), with credit insurance from Export Credit Agency of Israel, ASHRA. Fluence expects all outstanding Conditions Precedent to be met and to receive Notice to Proceed in order to begin construction work by Q2 2020. The landmark €165m deal is expected to help Fluence achieve sustainable positive EBITDA growth in Q1 2020 and going forward Fluence Corporation Limited 3 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 2 Notable successes include (continued) • During the year, Fluence continued to work with local authorities regarding the San Quintin project in Mexico. Fluence continues to have a strong working relationship with the State Water Commission of Baja California (CEA) and the local municipality. Following the elections in Mexico, the new administration undertook a review of all local projects and informed the Company of their intent to proceed with the project. Since such time, the customer and the Company have been engaged in discussions to address any remaining open items under the contract. • On 13 May 2019, the Company signed a deal to design, engineer and construct a 12,000m3/day seawater desalination plant in Brazil for one of the world’s largest steel producers with expected construction completion in Q4 2020. The contract is worth US$10.0m and will be the largest desalination plant in Brazil. 3 Detailed review of key market segments Current centralised water treatment plants present major challenges to address the growing global water 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 easily expanded, 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. Fluence and its businesses are focused on key environmental and sustainability pillars in alignment to the Sustainable Development Goals of the United Nations. The installed base of Fluence’s innovative solutions such as AspiralTM, SUBRE and NIROBOXTM, save approximately 19 GWh [gigawatt hours] (equivalent to 13,500 tons of CO2) annually compared to conventional technologies. In addition, Fluence’s waste-to-energy installations around the world produce biogas from biomass and generate 121 GWh, which is equivalent to saving more than 85,700 tons of CO2 emission annually compared to fossil-fuelled power generation. (i) Smart Products Solutions (SPS) Smart Products Solutions revenue grew from US$22 million in 2018 to US$26.4 million in 2019, representing an increase of 21.1%. MABR - Aspiral™ / SUBRE Fluence continued its expansion into China, both through sales and manufacturing facilities, through its strong position, the Company has been able to leverage its market position to participate in the planned improvement in China’s rural wastewater treatment quality. The current five-year plan outlined by the Chinese Government is targeting, and provides finance for, an increase in wastewater treatment for remote rural villages, to the Class 1A effluent discharge standard. With the five-year plan’s target to reach 70% treatment of rural wastewater in China, Fluence’s Smart Packaged Aspiral™ system featuring MABR technology is the lowest cost treatment alternative available in the decentralised market, and has the proven capability to consistently reach Class 1A effluent discharge standards. Fluence Corporation Limited 4 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 3 Detailed review of key market segments (continued) The 21 provinces and districts in China highlighted are covered by 38 strategic partnerships Fluence Chinese partner ITEST, which entered into a framework agreement in 2018, has been taking delivery of orders throughout 2019. The relationship with ITEST continues to evolve, with Fluence receiving additional orders for its AspiralTM during the year. Fluence received its first order of AspiralTM in Latin America in February 2019, with this first sale driving a market response in other regions. The interest in MABR-based products outside of China is evidence of the growing recognition of the product’s unique operating cost advantages. In February 2019, Phase I testing of Fluence’s Aspiral™ unit at the Codiga Resource Recovery Centre (CR2C) at Stanford University (California, USA) was completed. CR2C released its interim report confirming MABR’s compliance with California’s strict Title 22 reuse standard. These criteria are among the strictest water treatment standards for water recycling and reuse in the United States. This validation bolsters Fluence’s view that MABR technology is ideally suited to address the toughest wastewater challenges in the United States and around the world. In April 2019, Fluence entered into an exclusive distribution agreement with Aquatec Maxcon (AQM) to promote and sell Smart Packaged Aspiral™ MABR‐based solutions in Australia. Partnering with AQM allows Fluence to leverage AQM’s extensive local water industry contacts and 50 years’ worth of operating expertise. Australia is a new market for Fluence’s Aspiral™ technology and partnering with AQM will increase the global footprint of Fluence’s Smart Products Solutions without a significant investment by the company. On 27 August 2019, Fluence signed a Letter of Intent with the Yiyang High-Tech Industrial District Management Committee for the establishment of a final assembly facility for its MABR products. The increase in capacity was underpinned by the Memorandum of Understanding Fluence signed with local partner Aerospace Kaitian Environmental Technology Co, Ltd. to serve as the preferred supplier to Kaitian for wastewater treatment equipment. Subject to execution of the binding purchase orders, Kaitian has indicated it is targeting orders of AspiralTM L4 to satisfy capacity of up to 40,000m3/day or more by the end of 2021. Fluence Corporation Limited 5 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 3 Detailed review of key market segments (continued) In September 2019, Fluence signed an Investment Cooperation Agreement with The People’s Government of Xinglontai District and Liaoning Huahong New Energy CO., Ltd for the establishment of a final assembly facility for its proprietary MABR products and a volume commitment by Liaoning Huahong to purchase AspiralTM and SUBRE products with a capacity of 52,500m3/day through the end of 2021. This agreement secured Fluence as the preferred supplier of wastewater treatment equipment for Liaoning Huahong. NIROBOX™ As water scarcity and water security become greater risks for municipal, industrial and commercial entities, we see growing interest in our suite of offerings, particularly in the Middle East. Fluence is exploring partnership opportunities for NIROBOXTM in key geographies around the world. Finally, Fluence executed on a contract in October 2019 to deliver a Smart Products Solutions greenfield project for a lithium mining project in Argentina, worth US$5.0m. The project will utilise Fluence’s ION exchange technology to remove naturally occurring contaminants from lithium brine, resulting in the highest product quality for the customer. The project is expected to be completed before the end of 2020. (ii) Recurring Revenue and Aftermarket In April 2019, Fluence made its first drawdown of approximately US$2 million on the US$50 million Generate Capital non-recourse debt facility. The funds were used to finance and complete Fluence’s first seawater desalination plant in the Bahamas, at a resort in North Bimini. The construction was completed during Q2 2019 and commercial operation commenced in Q4, the delay in final commercial operation was due to the tragedy of Hurricane Dorian which battered northern Bahamas in early September 2019, the project was a major milestone in the development of Fluence’s business model. The customer is pleased with the water quality from testing and is eager to commence the long-term supply agreement. Upon commercial operations, we expect to receive US$1.7 million annually for the next 15 years of operation. In December 2018 Fluence secured the rights to design, build and operate a seawater desalination plant in central Peru, including a 10-year Water Purchase Agreement with an industrial client. Development work on Peru BOOT project begun during 2019 following the receival of all permits and should allow Fluence to begin site construction in the first half of 2020 and commence commercial operations in second half of 2020. Once completed, the project is expected to generate annual recurring revenue of at least US $3 million for 10 years. (iii) Engineered Solutions and Other Products (CES) In February 2019, Fluence signed a landmark €165 million commercial agreement with the Federal Government of Ivory Coast for the supply of a 150,000 m3/day surface-water treatment plant. Financial close was achieved on 7 January 2020 with the focus now on moving towards construction commencement of this important turnkey water treatment plant. The plant will treat water from Lagune Aghien, Ivory Coast’s largest freshwater reserve near Abidjan. This reserve is dense with algae and other contaminants, with this project targeted to help meet the fresh water needs of the country’s largest city. With 4.7 million people, Abidjan is in urgent need of reliable, clean water due to its growing population and housing development. In March 2019 Fluence’s Egyptian joint venture partnership, The International Co. for Water Services & Infrastructure (IWSI), together with Hassan Allam EPC, was awarded a US$74 million contract to design and construct a 40,000 m3/day seawater desalination plant in New Mansoura. The infrastructure will be designed and built for a capacity expansion to 80,000 m3/day. Fluence will act as the technology provider, and the general contractor designing the process and supplying the pre-treatment, reverse osmosis skids, post-treatment equipment, and the start-up and commissioning of the plant. Fluence Corporation Limited 6 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 4 Review of financial results The Group has used United States Dollars (US$), as its presentation currency in the attached financial report, which conform to IFRS accounting standards. The operating revenue from ordinary activities for the twelve months ended 31 December 2019 was US$61.0 million (2018: 100.9 million) and the loss from ordinary activities after tax was US$31.6 million (2018: US$62.8 million). 2018 loss included a US$56.3 million non-cash goodwill write off. Cost of sales for the twelve months ended 31 December 2019 decreased to US$51.5 million (2018: US$67.4 million). The Group’s net assets decreased by US$4 million to US$47.1 million during the twelve months to 31 December 2019. 5 Significant changes in the state of affairs During the twelve-month period, there was no significant change in the state of affairs of the company. 6 Likely developments and expected results of operations The Group expects to continue to grow its global footprint through the design, manufacture and sale of Smart Product Solutions for water and wastewater treatment, based on the core product portfolio which has been established: AspiralTM (MABR) for wastewater treatment; • • NIROBOXTM and NIROFLEX for water desalination and treatment of brackish water; • • SUBRE (MABR) for existing or new wastewater treatment; and, Products that are more than 50% pre-engineered, standardised and have more than 25% gross margin Revenues from Smart Products Solutions are forecast to reach at least US$32 million in 2020, compared to US$26 million in 2019 and US$22 million in 2018. Fluence is also targeting sustainable EBITDA profitability for the full year 2020. This will be achieved through sales of Custom-Engineered Solutions and other products plus increasing sales of Smart Product Solutions plus higher recurring revenues from BOOT projects, water service agreements and aftermarket support. The Product and Innovation segment is focused on improving existing technologies, identifying opportunities for cross fertilisation of technology ideas between different products in the Group, developing new technologies applicable to water and wastewater treatment, and ensuring that the intellectual property of the group is protected. 7 Notes regarding the operational impact of the COVID-19 With reference to the spread of the COVID-19 pandemic (the "Coronavirus") as of the date of this report no Fluence team members are infected around the globe. Fluence China is now operating effectively and efficiently and is continuously producing MABR products and shipping from China to customers within China and from around the world without any material supply chain or shipping delays. We are not currently anticipating any material deviation from our 2020 forecast sales in China. This includes the recent SUBRE US$7 million order in Cambodia which is expected to be delivered by the end of Q2. Other regions of the world are starting to be confronted by similar economic effects from the Coronavirus as China experienced earlier this year. Particularly our team in northern Italy is affected by the repercussions of the spread of the virus and the impact on business in that region. Fluence Corporation Limited 7 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Review of operations (continued) 7 Notes regarding the operational impact of the COVID-19 (continued) We continue to focus on delivering products in a timely and efficient manner by utilising a largely reliable and uninterrupted supply chain for manufacturing. We are also witnessing the benefits of being geographically diversified with several supply sources available in different countries. As we are going through these challenging times, we will continue to focus on the well-being of our staff, the timely delivery of our solutions to our customers and partners, while also monitoring the constantly changing environment so that we are ready to adjust as may be deemed necessary in the future. Significant events after balance date On 7 January 2020 the Company announced that financial close on the €165 million (US$182 million) Ivory Coast water treatment plant has been achieved with the execution of the financing agreement by the Ministry of Finance of Ivory Coast (the "Customer") and the Israeli Discount Bank ("IDB"). Export Agency of Israel, ASHRA will provide credit risk insurance. On 2 March 2020 the Company announced that it has secured a SUBRE membrane aerated biofilm reactor (MABR) sale in the Kingdom of Cambodia through its local partner, Xwater Technology Co., Ltd. This order has a value of more than US$7 million, consists of 66 SUBRE towers, and is expected to be delivered by June 2020. Subsequent to reporting date, on 31 January 2020, the World Health Organisation (WHO) announced a global health emergency because of a new strain of coronavirus (COVID-19 outbreak) and the risks to the international community as the virus spreads globally beyond its point of origin. Because of the rapid increase in exposure globally, on 11 March 2020, the WHO classified the COVID-19 outbreak as a pandemic. These events are having a significant negative impact on world stock markets, currencies and general business activities. Fluence Corporation Limited 8 Fluence Corporation Limited Directors' Report 31 December 2019 (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 9 Fluence Corporation Limited Directors' Report 31 December 2019 (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 15 years of experience in developing water and wastewater 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: 10,391,855 Director options with an exercise price of A$0.93; 3,360,000 Director options with an exercise price of A$0.39. Contractual rights to shares None Fluence Corporation Limited 10 Fluence Corporation Limited Directors' Report 31 December 2019 (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 Alterity Therapeutics Ltd. (listed on ASX and NASDAQ), Noxopharm Ltd, Nyrada Inc. (listed on ASX), Electriq~Global Ltd (unlisted) and Elsight Ltd (listed on ASX) 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: 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 11 Fluence Corporation Limited Directors' Report 31 December 2019 (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 Indirect interest in 2,254,403 shares Interest in options Direct interest in: 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 2019 (continued) Information on directors (continued) Dr Ramesh Rengarajan Non-Executive Director Qualifications Experience and expertise 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 Dr. Ramesh serves as Non-Executive Director for Fluence Corporation. He is an Operating partner at Eagletree Capital since 2010. 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 13 Fluence Corporation Limited Directors' Report 31 December 2019 (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 More 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, TSP, a chemical company and Hpnow, a company that developed hydrogen peroxide equipment Other current directorships Atlantium, TGA, TSP and Hpnow (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 14 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Information on directors (continued) Paul Donnelly Non-Executive Director 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 Chief Executive Office of Flagstaff Partners, an independent corporate advisory firm. Previously, Mr. Donnelly was an Executive Director at Macquarie Capital, where he worked for 25 years in various roles, including President & CEO of Macquarie’s Canadian operations, and Global Head of Equity and Debt Capital Markets. Mr. Donnelly has a broad range of investment banking experience, in Australia and internationally, with particular skills in capital markets. Over his thirty-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 Interest in shares Indirect interest in 500,000 shares held by Tres Petitbijou Pty Ltd ATF Interest in options Indirect interest through Tres Petitbijou Pty Ltd ATF in: 250,000 Director options with an exercise price of A$0.60; 250,000 Director options with an exercise price of A$0.80. Contractual rights to shares 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 15 Fluence Corporation Limited Directors' Report 31 December 2019 (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 2019, and the number of meetings attended by each Director were: Fluence - for the year ended 31 December 2019 Mr Richard Irving Mr Henry Charrabé ** Mr Ross Haghighat Mr Peter Marks Dr Ramesh Rengarajan ** Mr Arnon Goldfarb ** Mr Paul Donnelly Mr Ross Kennedy (Company Secretary and Audit Committee member) Full Board Meetings of committees Remuneration and Nomination Audit A 11 12 12 12 11 10 11 - B 12 12 12 12 12 12 12 - A - - - 11 - - 11 11 B - - - 11 - - 11 11 A 4 - 4 4 - - - - B 4 - 4 4 - - - - 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. MABR has demonstrated compliance with China Class 1A effluent standards as well as with 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 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. 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; Fluence Corporation Limited 16 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) • • • The MD & CEO has added focus on growth in shareholder wealth, as measured by growth in the share price; 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. level of Non-Executive Directors' fees and payments remain in line with previous benchmarking The current recommendations provided by Mercer Consulting. 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 2020. This follows the same decision in 2018 and 2019, such that Non-Executive Director fees are unchanged from the Mercer Consulting recommendations in 2017. The Non-Executive Chair's fees for 2019 were determined in parallel to the fees of other Non-Executive Directors, and also having regard to the scope of the role and comparative roles in the external market. The Non-Executive Chairman did not participate in any discussions relating to the determination of his own remuneration. Directors engaged on Committees of the Board are also entitled to receive Board Committee fees. These too have remained unchanged since 2017. 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. Other than Director Fee and Board Committee Fees, Directors may receive share options but do not receive other incentives or compensation. 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 AU$ 1,000,000 (equivalent of US$ 767,000 at that time). Fluence Corporation Limited 17 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Executive remuneration The consolidated Company 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, deferred compensation and allowance; 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. Executive remuneration levels also reference to a detailed benchmarking review of peer companies undertaken by Mercer Consulting in mid-2017 updated for subsequent increases for cost of living adjustments and any changes in the scope of responsibilities. Fixed remuneration, consisting of base salary, superannuation and non-monetary benefits, are reviewed annually by the Remuneration and Nomination Committee and then the Board of Directors. The review also had regard to individual responsibilities, performance and business unit performance. 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") targets and the continuing long-term incentive (“LTI”) program program incorporating Company and individual 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 Board also reserves the right to award discretionary bonuses to executives for exceptional achievements which may relate to specific transactions. 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 and was last amended on 18 June 2019. 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 to 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. The performance-based element requires KPI’s set annually to be achieved for these options to vest. Business performance in 2019 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 reflection of the modest business achievements during 2019 executive STI bonuses for 2019 were towards the lower end of the available bonus quantum. No performance options have been deemed to have vested with respect to the 2019 year. Fluence Corporation Limited 18 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) 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 Key management personnel bonuses for the year 2020 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 relative to pre-determined KPI's during the financial year and exceptional achievements. 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. The Directors' report presents the Fluence Corporation Limited 2019 remuneration report, outlining key aspects of our remuneration policy and framework, and remuneration awarded this year. (b) Details of remuneration Amounts of remuneration (shown in USD) The following tables show details of the remuneration expense recognised for the Group's Directors and Executive key management personnel the current and previous financial year measured in accordance with the requirements of the accounting standards. for Directors and other key management personnel for 2019 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 • Rengarajan Ramesh - Non-Executive Director • Arnon Goldfarb - Non-Executive Director • Paul Donnelly - Non-Executive Director • Francesco Fragasso - Chief Financial Officer • Anthony Hargrave - Chief Operating Officer • Erik Arfalk - Chief Marketing Officer • Spencer Smith - Chief Legal Officer Fluence Corporation Limited 19 Fluence Corporation Limited Directors' Report 31 December 2019 (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) • Rengarajan Ramesh - 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) Fluence Corporation Limited 20 1 2 d e t i i m L n o i t a r o p r o C e c n e u F l l a t o T s n o i t p o d e l t t e s y t i u q E y t i u q E d e l t t e s s e r a h s g n o L e c i v r e s e v a e l n o i t a u n n a r e p u S t n e m y a p s t i f e n e b s t i f e n e b d e s a b - e r a h S m r e t - g n o L l t n e m y o p m e - t s o P e c n a w o l l A s u n o B s e e f d n a * n o i t a s n e p m o c s e e f d n a y r a l a s h s a C y r a l a s l a t o T d e r r e f e D s t i f e n e b m r e t - t r o h S $ $ $ $ $ $ $ $ $ 5 9 8 , 2 9 0 , 2 3 6 6 , 7 3 9 5 9 8 , 2 9 0 , 2 3 6 6 , 7 3 9 6 2 2 , 7 9 1 6 5 0 , 1 5 1 0 9 9 , 5 6 4 2 6 , 8 4 4 1 1 , 4 4 1 4 2 6 , 8 4 4 7 6 , 2 8 5 6 1 , 4 8 5 8 3 , 9 7 1 7 7 7 , 3 8 2 4 2 , 0 2 1 1 6 , 4 1 0 2 6 , 8 3 8 8 6 8 , 1 8 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 3 2 , 5 5 2 2 3 2 , 5 5 2 - - - - - - - - - 6 3 2 , 1 3 1 2 3 4 , 2 0 1 0 9 4 , 5 9 8 0 6 , 5 9 2 3 4 , 2 6 4 5 5 , 9 6 2 5 7 , 6 5 5 - - - - - - - 0 0 0 , 0 0 9 0 0 0 , 0 0 9 0 0 0 , 0 0 3 0 0 0 , 0 0 3 e s a B y r a l a s $ 0 0 0 , 0 0 6 0 0 0 , 0 0 6 6 3 2 , 1 3 1 2 3 4 , 2 0 1 0 9 4 , 5 9 8 0 6 , 5 9 2 3 4 , 2 6 4 5 5 , 9 6 2 5 7 , 6 5 5 e v i t u c e x e - n o N g n v r I i d r a h c R i s k r a M r e t e P : s r o t c e r i d l b r a f d o G n o n r A y l l e n n o D l u a P l a t o T j n a a r a g n e R i t a h g h g a H h s e m a R s s o R e v i t u c e x E : s r o t c e r i d é b a r r a h C y r n e H l a t o T 9 1 0 2 . ) 9 1 0 2 r e b m e c e D 1 3 ( r a e y e h t f o d n e e h t t a d e y o p m e l i g n e b o t j t c e b u S * ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 2 2 d e t i i m L n o i t a r o p r o C e c n e u F l l a t o T s n o i t p o d e l t t e s y t i u q E y t i u q E d e l t t e s s e r a h s g n o L e c i v r e s e v a e l n o i t a u n n a r e p u S t n e m y a p s t i f e n e b s t i f e n e b d e s a b - e r a h S m r e t - g n o L l t n e m y o p m e - t s o P e c n a w o l l A s u n o B s e e f d n a * n o i t a s n e p m o c s e e f d n a y r a l a s h s a C y r a l a s l a t o T d e r r e f e D s t i f e n e b m r e t - t r o h S $ $ $ $ $ $ $ $ $ 1 0 5 , 9 3 3 6 5 7 , 3 3 1 9 2 , 4 4 3 2 7 1 , 2 6 2 6 5 8 , 4 5 3 4 0 8 , 8 1 7 9 0 , 1 2 8 6 9 , 3 3 0 2 8 , 0 0 3 , 1 5 2 6 , 7 0 1 5 3 3 , 2 3 2 , 4 6 5 1 , 7 2 3 , 1 - - - - - - - - - - - - - - - - - - - - - - - 2 3 2 , 5 5 2 8 7 0 , 4 3 7 6 6 , 1 7 2 7 8 4 , 5 2 5 7 5 , 5 1 8 4 0 , 1 1 8 8 1 , 6 8 8 8 1 , 6 8 0 0 0 , 0 0 3 0 0 5 , 5 2 2 0 4 8 , 9 0 3 7 0 0 , 7 0 1 , 1 9 5 7 , 3 6 5 , 2 - - - 0 0 0 , 5 3 0 0 0 , 5 3 0 0 0 , 5 3 3 e s a B y r a l a s $ 7 6 6 , 1 7 2 0 0 0 , 0 0 3 0 0 5 , 5 2 2 0 4 8 , 4 7 2 7 0 0 , 2 7 0 , 1 9 5 7 , 8 2 2 , 2 t n e m e g a n a m : l e n n o s r e p y e k r e h t O o c s e c n a r F o s s a g a r F e v a r g r a H y n o h t n A l k a f r A k i r E h t i m S r e c n e p S l a t o t d n a r G l a t o T 9 1 0 2 . ) 9 1 0 2 r e b m e c e D 1 3 ( r a e y e h t f o d n e e h t t a d e y o p m e l i g n e b o t j t c e b u S * ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 3 2 d e t i i m L n o i t a r o p r o C e c n e u F l l a t o T s n o i t p o d e l t t e s y t i u q E y t i u q E d e l t t e s s e r a h s g n o L e c i v r e s e v a e l n o i t a u n n a r e p u S t n e m y a p s t i f e n e b s t i f e n e b d e s a b - e r a h S m r e t - g n o L l t n e m y o p m e - t s o P e c n a w o l l A s u n o B s e e f d n a n o i t a s n e p m o c s e e f d n a y r a l a s h s a C y r a l a s l a t o T d e r r e f e D s t i f e n e b m r e t - t r o h S $ $ $ $ $ $ $ $ $ 7 4 1 , 4 9 9 , 1 3 9 7 , 4 9 6 7 4 1 , 4 9 9 , 1 3 9 7 , 4 9 6 9 8 5 , 7 5 2 9 3 7 , 2 6 1 3 4 7 , 0 7 6 2 1 , 2 5 9 5 6 , 9 5 1 6 2 1 , 2 5 2 8 7 , 8 9 7 9 4 , 9 7 1 6 9 0 , 9 1 1 8 , 9 8 8 5 3 , 2 5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 4 8 , 6 8 1 3 1 6 , 0 1 1 3 3 5 , 7 0 1 6 8 6 , 9 8 6 8 6 , 9 8 8 5 3 , 2 5 - - - - - - 2 3 2 , 5 5 2 2 3 2 , 5 5 2 2 2 1 , 4 4 1 2 2 1 , 4 4 1 0 0 0 , 0 0 9 0 0 0 , 0 0 9 0 0 0 , 0 0 3 0 0 0 , 0 0 3 e s a B y r a l a s $ 0 0 0 , 0 0 6 0 0 0 , 0 0 6 6 4 8 , 6 8 1 3 1 6 , 0 1 1 3 3 5 , 7 0 1 6 8 6 , 9 8 6 8 6 , 9 8 8 5 3 , 2 5 e v i t u c e x e - n o N g n v r I i d r a h c R i s k r a M r e t e P : s r o t c e r i d l b r a f d o G n o n r A y l l e n n o D l u a P 0 2 i d e t n o p p a ( 8 1 0 2 y u J l j n a a r a g n e R i t a h g h g a H h s e m a R s s o R e v i t u c e x E : s r o t c e r i d é b a r r a h C y r n e H l a t o T 8 1 0 2 ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 4 2 d e t i i m L n o i t a r o p r o C e c n e u F l 5 6 6 , 3 0 1 4 6 8 , 4 6 9 8 2 , 4 1 0 , 1 6 6 7 , 8 3 3 - - - - - - - - - - 1 0 8 , 8 3 3 2 5 , 5 7 6 - - 1 0 8 , 8 3 3 2 5 , 5 7 6 a e b o t d e s a e C 4 2 n o r o t c e r i d l e a W t r e b o R ) 8 1 0 2 y a M l a t o T ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 5 2 d e t i i m L n o i t a r o p r o C e c n e u F l l a t o T s n o i t p o d e l t t e s y t i u q E y t i u q E d e l t t e s s e r a h s g n o L e c i v r e s e v a e l n o i t a u n n a r e p u S t n e m y a p s t i f e n e b s t i f e n e b d e s a b - e r a h S m r e t - g n o L l t n e m y o p m e - t s o P e c n a w o l l A s u n o B s e e f d n a n o i t a s n e p m o c s e e f d n a y r a l a s h s a C y r a l a s l a t o T d e r r e f e D s t i f e n e b m r e t - t r o h S $ $ $ $ $ $ $ $ $ 5 7 0 , 9 2 3 5 7 5 , 0 5 1 4 8 , 9 4 2 7 7 3 , 5 4 2 4 3 3 , 8 9 3 7 3 5 , 6 4 4 2 0 0 , 5 0 2 - 0 4 5 , 7 1 0 1 6 , 1 3 9 5 9 , 6 3 9 0 2 , 3 1 1 6 6 1 , 4 7 8 , 1 3 9 8 , 9 4 2 2 0 6 , 2 8 8 , 4 2 5 4 , 3 8 2 , 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 3 2 , 5 5 2 9 2 2 , 4 7 1 7 2 , 4 0 2 - 1 5 0 , 1 5 0 0 6 , 9 3 5 7 3 , 6 6 0 0 0 , 0 0 1 5 5 2 , 1 3 3 7 7 3 , 5 7 4 0 5 2 , 1 8 1 7 6 1 , 4 7 1 0 0 0 , 5 9 2 8 2 3 , 3 3 2 2 0 0 , 5 0 2 - - - - - 0 0 0 , 5 3 8 1 0 , 3 9 2 , 1 1 4 5 , 8 6 8 , 2 0 0 0 , 5 3 0 0 0 , 5 3 3 e s a B y r a l a S $ 1 7 2 , 4 0 2 0 5 2 , 1 8 1 7 6 1 , 4 7 1 0 0 0 , 0 6 2 8 2 3 , 3 3 2 2 0 0 , 5 0 2 8 1 0 , 8 5 2 , 1 1 4 5 , 3 3 5 , 2 t n e m e g a n a m : l e n n o s r e p y e k r e h t O o c s e c n a r F o s s a g a r F e v a r g r a H y n o h t n A l k a f r A k i r E h t i m S r e c n e p S l a v a L e p p i l i h P k w o W t r e b o R l a t o t d n a r G l a t o T 8 1 0 2 ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 6 2 d e t i i m L n o i t a r o p r o C e c n e u F l e h t o t d r a g e r i g n v a h i d e n m r e t e d s i n o i t a s n e p m o c h s a c e h t f o t n u o m a e h T . s e r u s a e m e c n a m r o f r e p d e n i f e d g n i t e e m n o t n e d n e p e d s i n o i t a s n e p m o c h s a c e m o S . e e t t i m m o C n o i t a r e n u m e R d n a n o i t a n m o N e h t i y b r a e y l a c s i f h c a e f o d n e e h t i t a d e n m r e t e d l e r a e b a y a p s t n u o m a e h T . s e r u s a e m e c n a m r o f r e p f o n o i t c a f s i t a s % 5 . 4 2 % 9 . 8 2 % 1 . 3 2 % 6 . 9 1 % 7 . 6 1 0 0 0 , 5 7 3 0 0 4 , 0 1 1 0 0 0 , 0 9 0 0 0 , 5 5 0 0 0 , 2 6 7 6 0 , 2 8 3 0 0 0 , 0 9 3 0 0 5 , 0 8 2 0 4 8 , 1 7 3 2 3 2 , 0 3 5 , 1 f o e g a t n e c r e P l a i t n e t o p m u m i x a M t c e j b u s n o i t a s n e p m o c t c e j b u s n o i t a s n e p m o c l a i t n e t o p m u m i x a M e c n a m r o f r e p o t e c n a m r o f r e p o t n o i t a s n e p m o c % 1 . 9 6 % 7 . 1 7 % 7 . 1 7 % 2 . 2 8 % 0 . 0 0 1 % 0 . 0 % 9 . 0 3 % 3 . 8 2 % 3 . 8 2 % 8 . 7 1 n o i t a s n e p m o C n o i t a s n e p m o C o t t c e j b u s e c n a m r o f r e p d e n r a e t o n 9 1 0 2 o t t c e j b u s e c n a m r o f r e p e l b a y a p d i a p / 9 1 0 2 o s s a g a r F o c s e c n a r F e v a r g r a H y n o h t n A é b a r r a h C y r n e H h t i m S r e c n e p S l k a f r A k i r E e m a N e m a N o s s a g a r F o c s e c n a r F e v a r g r a H y n o h t n A é b a r r a h C y r n e H h t i m S r e c n e p S l k a f r A k i r E ) d e u n i t n o c ( ) D S U n i n w o h s ( n o i t a r e n u m e r f o s t n u o m A : 9 1 0 2 n i e c n a m r o f r e p o t j t c e b u s n o i t a r e n u m e R ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l Fluence Corporation Limited Directors' Report 31 December 2019 (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. 2019 Executive Director Henry Charrabé Non-Executive Directors Richard Irving Peter Marks Ross Haghighat Rengarajan Ramesh Arnon Goldfarb Paul Donnelly* Key Management Personnel Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Total Balance at the start of the year Received as compensation Options exercised Net change exercised / purchased - 37,264,579 2,754,403 500,000 - - - 40,518,982 - - - - - 40,518,982 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total - - - - - - - 500,000 500,000 - - - - - 500,000 37,264,579 2,754,403 500,000 - - 500,000 41,018,982 - - - - - 41,018,982 * Paul Donnelly acquired 500,000 Fluence shares on 11 March 2019 via Tres Petitbijou Pty Ltd ATF (the "Fund"). Paul is a Director of the Trustee and beneficiary of the Fund. Fluence Corporation Limited 27 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of shares (continued) 2018 Executive Director Henry Charrabé Non-Executive Directos Richard Irving* Peter Marks* Ross Haghighat* Rengarajan Ramesh 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) Total Balance at the start of the year Received as compensation Options exercised Net change exercised / purchased - 36,264,579 2,254,403 - - - - - 38,518,982 - - - - - - - 38,518,982 - - - - - - - - - - - - - - - - - - 1,000,000 500,000 500,000 - - - - 2,000,000 - - - - - - - 2,000,000 Total - 37,264,579 2,754,403 500,000 - - - - 40,518,982 - - - - - - - 40,518,982 - - - - - - - - - - - - - - - - - *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 Fluence Corporation Limited 28 y l l a n o s r e p r i e h t i g n d u c n l i , l e n n o s r e P t n e m e g a n a M y e K r e h t o d n a r o t c e r i D h c a e y b d o i r e p e h t g n i r u d l d e h p u o r G e h t n i s e r a h s y r a n d r o i r e v o s n o i t p o f o r e b m u n e h T ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( s n o i t p o f o e u s s I 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l s e v i t n e c n I m r e T g n o L f o n o i t p i r c s e d o t r e f e R . 5 1 0 2 r e b m e v o N 7 1 n o l s r e d o h e r a h s y b d e v o r p p a l s a w n a P n o i t p O e e y o p m E n A l . w o e b l t u o t e s e r a , s e i t r a p d e t a e r l / d e w o r c s E d e t s e v n U & d e t s e V e l b a s i c r e x E t a e c n a l a B r a e y f o d n e e g n a h c t e N r e h t o n o i t p O / d e r i p x e d e s i c r e x e n o i t a s n e p m o c r a e y s a d e t n a r G e h t f o t r a t s e h t t a e c n a l a B . s l i a t e d r o f n o i t a r e n u m e r e v i t u c e x e r e d n u 9 1 0 2 6 4 9 , 1 6 7 , 7 6 4 9 , 1 6 7 , 7 - - - - 0 0 0 , 0 0 5 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 0 , 2 0 0 0 , 0 5 5 0 0 0 , 5 7 3 0 5 7 , 3 4 3 0 5 9 , 4 9 1 0 0 7 , 3 6 4 , 1 6 4 6 , 5 2 2 , 1 1 - - 9 0 9 , 9 8 9 , 5 9 0 9 , 9 8 9 , 5 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 2 , 6 0 0 0 , 5 2 2 4 9 0 , 1 2 1 5 2 6 , 0 4 1 0 5 0 , 0 7 3 9 6 7 , 6 5 8 8 7 6 , 6 4 0 , 3 1 5 5 8 , 1 5 7 , 3 1 5 5 8 , 1 5 7 , 3 1 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 0 0 0 , 0 0 2 , 8 0 0 0 , 5 7 7 4 9 0 , 6 9 4 5 7 3 , 4 8 4 0 0 0 , 5 6 5 9 6 4 , 0 2 3 , 2 4 2 3 , 2 7 2 , 4 2 - - - - - - - - - - - - - - - 9 2 d e t i - - - ) 1 8 4 , 9 9 7 ( ) 1 8 4 , 9 9 7 ( - ) 0 0 0 , 0 0 5 ( ) 0 0 0 , 0 0 5 ( ) 0 0 0 , 0 0 0 , 1 ( - ) 0 0 0 , 5 2 ( ) 6 0 9 , 3 ( ) 5 2 6 , 5 1 ( ) 1 3 5 , 4 4 ( - - - - - 0 0 0 , 0 0 5 0 0 0 , 0 0 5 - - - 0 0 0 , 0 4 1 0 0 0 , 0 4 1 ) 2 1 0 , 4 4 8 , 1 ( 0 0 0 , 0 0 0 , 4 i m L n o i t a r o p r o C e c n e u F l 0 0 0 , 0 6 3 , 3 0 0 0 , 0 6 3 , 3 6 3 3 , 1 9 1 , 1 1 6 3 3 , 1 9 1 , 1 1 s o t c e r i D e v i t u c e x E - n o N r o t c e r i D e v i t u c e x E é b a r r a h C y r n e H - 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 7 , 8 0 0 0 , 0 0 8 0 0 0 , 0 0 5 0 0 0 , 0 0 5 0 0 0 , 5 2 4 0 0 0 , 5 2 2 , 2 6 3 3 , 6 1 1 , 2 2 l e n n o s r e P t n e m e g a n a M y e K o s s a g a r F o c s e c n a r F e v a r g r a H y n o h t n A h t i m S r e c n e p S l k a f r A k i r E l a t o T h s e m a R n a a r a g n e R j i t a h g h g a H s s o R s k r a M r e t e P l b r a f d o G n o n r A y l l e n n o D l u a P i g n v r I d r a h c R i 0 3 d e t i i m L n o i t a r o p r o C e c n e u F l - - 9 7 7 , 9 4 2 , 8 9 7 7 , 9 4 2 , 8 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 4 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 , 1 7 5 5 , 1 4 9 , 2 7 5 5 , 1 4 9 , 2 6 3 3 , 1 9 1 , 1 1 6 3 3 , 1 9 1 , 1 1 - - - - - 0 0 0 , 0 0 5 0 0 0 , 0 0 5 - - 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 9 , 1 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 , 1 - - - - - - - - ) 0 0 0 , 0 0 0 , 2 ( - - - - - - ) 0 0 0 , 0 0 5 ( ) 0 0 0 , 0 0 5 ( ) 0 0 0 , 0 0 0 , 1 ( - - - - - - 6 3 3 , 1 9 1 , 1 1 6 3 3 , 1 9 1 , 1 1 0 0 0 , 0 0 9 , 2 0 0 0 , 0 0 4 , 2 0 0 0 , 0 0 4 , 2 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 5 , 1 - - - - 0 0 0 , 0 0 0 , 2 0 0 0 , 0 0 7 , 7 0 0 0 , 0 0 0 , 1 0 0 0 , 0 0 7 , 8 ) 0 0 0 , 0 0 0 , 2 ( ) 0 0 0 , 0 0 0 , 2 ( 0 0 0 , 0 0 5 , 1 0 0 0 , 0 0 2 , 1 1 / d e w o r c s E d e t s e v n U & d e t s e V e l b a s i c r e x E t a e c n a l a B r a e y f o d n e e g n a h c t e N r e h t o n o i t p O / d e r i p x e d e s i c r e x e n o i t a s n e p m o c r a e y s a d e t n a r G e h t f o t r a t s e h t t a e c n a l a B 0 0 0 , 5 2 7 0 0 0 , 5 7 0 0 0 , 0 0 8 0 5 7 , 8 6 4 5 2 1 , 3 5 4 0 5 2 , 1 3 5 7 8 , 6 4 0 0 0 , 0 0 5 0 0 0 , 0 0 5 - - - - - - - - - 0 5 7 , 8 1 2 0 5 2 , 6 0 2 0 0 0 , 5 2 4 5 2 6 , 5 6 8 , 1 4 0 4 , 5 1 8 , 7 1 5 7 3 , 9 5 3 2 3 9 , 0 0 3 , 4 0 0 0 , 5 2 2 , 2 6 3 3 , 6 1 1 , 2 2 ) 0 0 0 , 0 0 1 ( ) 0 0 0 , 0 0 6 , 1 ( ) 0 0 0 , 0 0 7 , 1 ( ) 0 0 0 , 0 0 7 , 3 ( - - - - - - ) 0 0 0 , 0 0 0 , 2 ( 0 0 0 , 0 0 8 0 0 0 , 0 0 5 0 0 0 , 0 0 5 0 0 0 , 5 7 0 0 0 , 0 0 1 0 0 0 , 0 0 1 0 0 0 , 5 7 0 , 2 0 0 0 , 5 7 5 , 3 - - - - 0 0 0 , 0 5 3 0 0 0 , 0 0 5 , 1 0 0 0 , 0 5 8 , 1 6 3 3 , 1 4 2 , 4 2 n o r o t c e r i d a e b o t d e s a e C l ( e a W t r e b o R h s e m a R n a a r a g n e R j l b r a f d o G n o n r A i t a h g h g a H s s o R s k r a M r e t e P ) d e u n i t n o c ( s n o i t p o f o e u s s I 8 1 0 2 s o t c e r i D e v i t u c e x E - n o N r o t c e r i D e v i t u c e x E é b a r r a h C y r n e H i g n v r I d r a h c R i l ) 8 1 0 2 y u J 0 2 d e t n o p p a ( i ) 8 1 0 2 y a M 4 2 y l l e n n o D l u a P l i r p A 2 i d e t n o p p a ( o s s a g a r F o c s e c n a r F l e n n o s r e P t n e m e g a n a M y e K y a M 6 1 i d e t n o p p a ( e v a r g r a H y n o h t n A ) 8 1 0 2 ) 8 1 0 2 1 P M K a s a d e n m r e t e d ( h t i i m S r e c n e p S ) 8 1 0 2 h c r a M 5 1 d e t n o p p a ( i l k a f r A k i r E ) 8 1 0 2 y r a u n a J ) 8 1 0 2 t s u g u A 1 3 d e n g s e r ( i l a v a L e p p i l i h P ) 8 1 0 2 y a M 1 3 d e n g s e r ( i k w o W t r e b o R l a t o T ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l Fluence Corporation Limited Directors' Report 31 December 2019 (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 one director as approved by shareholders and to Key Management Personnel under the Fluence Corporation Limited Employee Share Option Plan 2015 (amended 2017). In accordance with AASB 2 Share Based Payments, the tables include employee options agreed to be issued up to and including 31 December 2019. Options issued to Key Management Personnel generally 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 31 2 3 d e t i i m L n o i t a r o p r o C e c n e u F l f o e u l a V t a s n o i t p o e t a d t n a r g $ S U e u l a v r i a F n o i t p o r e p e s i c r e x E t n a r g t a s n o i t p o f o . o N s n o i t p o f o . o N e t a d y r i p x E e c i r p $ U A e t a d $ S U d e t s e v d e t n a r g e t a d t n a r G 9 1 0 2 7 8 7 , 3 1 5 5 2 0 2 y u J 4 1 l 9 3 . 0 9 2 5 1 . 0 0 0 0 , 0 5 0 , 1 0 0 0 , 0 6 3 , 3 9 1 0 2 y a M 0 3 - - - - - - - - - - - - - - - - - - - - 0 0 0 , 8 2 8 2 3 , 2 2 3 2 0 2 e n u J 3 2 0 2 e n u J 3 1 3 1 0 6 . 0 0 8 . 0 0 2 1 1 . 0 3 9 8 0 . 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0 0 , 0 5 2 0 0 0 , 0 5 2 9 1 0 2 y a M 0 3 9 1 0 2 y a M 0 3 3 3 4 , 2 1 1 2 0 2 r e b m e t p e S 0 3 9 3 . 0 8 8 8 0 . 0 0 0 3 , 6 7 0 0 0 , 0 4 1 9 1 0 2 y r a u n a J 1 3 s r o t c e r i D e v i t u c e x E - n o N s r o t c e r i D e v i t u c e x E é b a r r a h C y r n e H h s e m a R n a a r a g n e R j l b r a f d o G n o n r A y l l e n n o D l u a P i t a h g h g a H s s o R g n v r I i d r a h c R i s k r a M r e t e P o s s a g a r F o c s e c n a r F e v a r g r a H y n o h t n A t n e m e g a n a M y e K l e n n o s r e P h t i m S r e c n e p S l k a f r A k i r E ) d e u n i t n o c ( r a e y e h t g n i r u d n o i t a s n e p m o c s a d e t n a r g s t n e m y a p d e s a b - e r a h S ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l 3 3 d e t i i m L n o i t a r o p r o C e c n e u F l - - - - - - 5 2 4 , 5 2 0 0 0 , 8 1 0 0 0 , 5 5 0 0 8 , 1 7 5 9 6 , 0 1 0 8 8 , 4 1 1 0 9 6 , 3 1 0 5 5 , 0 1 f o e u l a V t a s n o i t p o e t a d t n a r g $ S U r e p e u l a v r i a F t n a r g t a n o i t p o s n o i t p o f o . o N s n o i t p o f o . o N e t a d y r i p x E e c i r p e s i c r e x E $ U A e t a d $ S U d e t s e v d e t n a r g e t a d t n a r G 8 1 0 2 - - - - - - 2 2 0 2 y u J l 1 3 2 2 0 2 y u J l 1 3 2 2 0 2 y a M 5 2 2 2 0 2 y a M 5 2 2 2 0 2 y a M 5 2 2 2 0 2 t s u g u A 7 2 2 2 0 2 y a M 1 2 2 0 2 h c r a M 1 1 - - - - - - 0 2 . 1 0 5 . 1 8 4 . 0 6 4 . 0 8 4 . 0 8 4 . 0 8 5 . 0 3 5 . 0 - - - - - - 9 3 3 0 . 0 0 4 2 0 . 0 6 3 4 1 . 0 0 0 1 1 . 0 6 3 4 1 . 0 6 2 4 1 . 0 9 6 3 1 . 0 5 5 0 1 . 0 - - - - - - - - 0 0 0 , 5 7 0 5 2 , 1 3 5 7 8 , 6 4 0 0 0 , 5 7 0 0 0 , 0 0 1 0 0 0 , 0 0 1 - - - - - - 0 0 0 , 0 5 7 0 0 0 , 0 5 7 0 0 0 , 0 0 8 0 0 0 , 0 0 5 0 0 0 , 0 0 5 0 0 0 , 5 7 0 0 0 , 0 0 1 0 0 0 , 0 0 1 - - - - - - 8 1 0 2 y u J l 1 3 8 1 0 2 y u J l 1 3 8 1 0 2 e n u J 8 2 8 1 0 2 h c r a M 6 2 8 1 0 2 h c r a M 6 2 8 1 0 2 h c r a M 6 2 8 1 0 2 y r a u n a J 0 1 8 1 0 2 h c r a M 2 s r o t c e r i D e v i t u c e x E - n o N s r o t c e r i D e v i t u c e x E é b a r r a h C y r n e H h s e m a R n a a r a g n e R j l b r a f d o G n o n r A i t a h g h g a H s s o R g n v r I i d r a h c R i s k r a M r e t e P t n e m e g a n a M y e K y l l e n n o D l u a P l e n n o s r e P o s s a g a r F o c s e c n a r F e v a r g r a H y n o h t n A h t i m S r e c n e p S l k a f r A k i r E l a v a L e p p i l i h P k w o W t r e b o R ) d e u n i t n o c ( r a e y e h t g n i r u d n o i t a s n e p m o c s a d e t n a r g s t n e m y a p d e s a b - e r a h S ) d e u n i t n o c ( ) d e t i d u A ( t r o p e r n o i t a r e n u m e R ) d e u n i t n o c ( n o i t a r e n u m e r f o s l i a t e D ) b ( 9 1 0 2 r e b m e c e D 1 3 t r o p e R ' s r o t c e r i D ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l Fluence Corporation Limited Directors' Report 31 December 2019 (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 Non-Executive Chairman Director fees of AU$250,000 (US$173,808) fees per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee Name: Title: Agreement commenced: 12 May 2015 Term of agreement: Details: Peter Marks Non-Executive Director Open Non-Executive Director fees of AU$120,000 (US$83,428) per annum plus Member of Remuneration and Nomination Committee fees of AU$12,000 (US$8,343) per annum and Chair of Audit and Risk Committee fees of AU$16,000 (US$11,124) 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 AU$120,000 (US$83,428) per annum plus Chair of Remuneration and Nomination Committee fees of AU$16,000 (US$11,124) per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee. Name: Title: Agreement commenced: 14 July 2017 Term of agreement: Details: Dr. Rengarajan Ramesh Non-executive Director Open Non-executive director fees of AU$120,000 (US$83,428) per annum. Remuneration is 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 AU$120,000 (US$83,428) per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee. Name: Title: Agreement commenced: 20 July 2018 Term of agreement: Details: Paul Donnelly Non-executive Director Open Non-executive director fees of AU$120,000 (US$83,428) per annum plus Member of Audit and Risk Committee fees of AU$12,000 (US$8,343) per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee. Fluence Corporation Limited 34 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: Employment Based Option Remuneration: Henry Charrabé Managing Director and Chief Executive Officer 26 May 2017 Initial two-year term followed by automatic one-year renewals. The contract was renewed for an additional one year term on 3 July 2019. US$600,000 (base salary) US$300,000 (year-end deferred remuneration annually), discretionary bonus of up to US$75,000, payable annually and a cash bonus of up to US$300,000 for outperformance on defined performance metrics for 2019 Health insurance and other health and welfare benefits for Mr. Charrabé and his family (capped at 30% of base salary) and housing allowance of US$255,232 per annum 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) 840,000 840,000 30 May 2019 AU$0.39 Options are fully vested 30 May 2019 AU$0.39 Options will vest and become exercisable in equal instalments at the end of each consecutive three (3) month period over two (2) years, commencing on 30 May 2019 Fluence Corporation Limited 35 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Performance Based Option Remuneration: Number of options granted 5,595,668 31 May 2017 AU$0.93 Grant date Exercise Price Vesting Period 1,680,000 30 May 2019 AU$0.39 Options are exercisable in equal annual instalments at the end of each consecutive twelve (12) month period over four (4) years period, commencing on 26 May 2018. Vesting of these options will be subject to meeting performance criteria established by the board Options vest subject to the Company achieving two (2) consecutive positive EBITDA quarters during the period beginning with Q3 2019 and ending with Q2 2021 If there is a change in control of the Company, all of the then unvested options will immediately vest and become exercisable. Otherwise, all of the options will expire on the earlier of 60 days after termination of Mr Charrabé’s employment or by 14 July 2025. Fluence Corporation Limited 36 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Francesco Fragasso Chief Financial Officer 2 April 2018 Notice period by either party of 60 days Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$271,667 (base salary) Performance based bonus of up to 40% of base salary 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 37 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Anthony Hargrave Chief Operating Officer Mr Hargrave joined Fluence Corporation Limited on 16 May 2018 Notice period by either party of 90 days Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$300,000 (base salary) Performance based bonus of up to 30% of based salary 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 38 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Erik Arfalk Chief Marketing Officer Mr Arfalk joined Fluence Corporation Limited on 15 March 2018 Notice period by either party of 30 days Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$225,500 (base salary) Performance based bonus up to 25% of base salary 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 39 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: Employment Based Option Remuneration: Spencer Smith Chief Legal Officer Mr Smith joined Fluence Corporation Limited on 31 May 2016 The contract was renewed for an additional one year term on July 17, 2019 US$274,840 (base salary) US$35,000 (year-end deferred remuneration annually) and performance based bonus Health insurance for Mr. Smith and his family Number of options granted 350,000 14 July 2017 AU$0.84 Grant date Exercise price Vesting period 75,000 140,000 26 March 2018 31 January 2019 AU$0.48 AU$0.39 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 49,000 options vested at grant date, 91,000 options will vest and become exercisable in ten equal instalments at the end of each consecutive three (3) month period, commencing on 30 April 2019 Fluence Corporation Limited 40 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) Remuneration report (Audited) (continued) Financial performance The Directors disclose the following three years of financial performance on the basis that they consider this period most relevant for comparative purposes. This period includes Emefcy Group Limited being renamed Fluence Corporation Limited following the acquisition of the RWL Water LLC group on 14 July 2017. The earnings of the consolidated entity for the three years to 31 December 2019 are summarised below: Financial results Revenue Loss before income tax Loss for the year 2019 $'000 2018 $'000 *2017 $'000 61,294 (29,598) (31,585) 101,123 (62,360) (62,802) 33,188 (22,881) (23,568) *The results for 2017 reflect contributions from RWL Water LLC for the period 14 July 2017 (date of acquisition by Emefcy Group Limited) to 31 December 2017. Other factors relevant to shareholder returns include the share price performance and earnings per share over the same period: 31 December 31 December 31 December 2018 $'000 2017 $'000 2019 $'000 Market factors Share price Financial factors Loss per share from continuing operations AU$0.43 AU$0.31 AU$0.54 2019 $ 2018 $ 2017 $ (0.06) (0.14) (0.07) [This concludes the Remuneration Report, which has been audited] Fluence Corporation Limited 41 Fluence Corporation Limited Directors' Report 31 December 2019 (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 (AU$) Number under option 29 February 2016 29 February 2016 11 April 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 23 September 2016 27 October 2016 1 November 2016 9 February 2017 9 February 2017 28 March 2017 5 May 2017 31 May 2017 1 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 September 2017 10 January 2018 26 March 2018 28 June 2018 31 July 2018 31 July 2018 31 January 2019 10 April 2019 10 April 2019 16 April 2019 30 May 2019 30 May 2019 30 May 2019 28 February 2020 28 February 2020 13 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 9 November 2020 26 October 2020 31 October 2020 10 January 2021 9 February 2021 4 March 2021 3 May 2021 25 May 2025 6 July 2021 13 July 2021 13 July 2021 13 July 2021 25 May 2025 10 September 2021 13 November 2021 11 March 2022 25 May 2022 27 August 2022 31 July 2022 31 July 2022 30 September 2021 3 June 2022 3 December 2022 15 June 2023 13 June 2023 13 June 2023 14 July 2025 $0.30 $0.40 $0.35 $0.59 $0.59 $0.40 $0.40 $0.93 $0.79 $0.87 $1.00 $1.00 $1.07 $0.74 $0.84 $1.00 $0.82 $0.86 $0.93 $0.97 $1.20 $1.50 $0.84 $0.84 $0.81 $0.86 $0.58 $0.48 $0.46 $1.20 $1.50 $0.39 $0.46 $0.46 $0.53 $0.60 $0.80 $0.39 100,000 100,000 500,000 400,000 100,000 1,000,000 1,000,000 1,000,000 250,000 225,000 200,000 200,000 150,000 500,000 25,000 350,000 1,000,000 150,000 10,391,855 100,000 3,850,000 3,850,000 1,500,000 350,000 2,632,000 1,140,000 80,000 1,334,375 496,094 750,000 750,000 1,043,000 120,250 69,000 31,250 250,000 250,000 3,360,000 39,597,824 Fluence Corporation Limited 42 Fluence Corporation Limited Directors' Report 31 December 2019 (continued) 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 24 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 45. 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. Fluence Corporation Limited 43 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 2019, I declare that, to the best of my knowledge and belief, there have been: 1. 2. No contraventions of the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and 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, 30 March 2020 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. Fluence Corporation Limited Consolidated Statement of Profit or Loss and Other Comprehensive Income For the year ended 31 December 2019 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 - 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 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes 3 3 3 3 3 3 5 20 20 60,962 332 61,294 100,873 250 101,123 (51,473) (4,658) (9,985) (25,559) - 1,328 (545) (29,598) (1,987) (31,585) (31,434) (151) (31,585) (67,422) (7,214) (9,769) (27,742) (56,293) 4,436 521 (62,360) (442) (62,802) (63,757) 955 (62,802) 882 (30,703) (14,376) (77,178) (30,552) (151) (30,703) (78,133) 955 (77,178) Losses per share from continuing operations attributable to the ordinary equity holders of the Group: Basic and diluted loss per share 6 (0.06) (0.14) (*) Commission expenses were reclassified in 2019 from "Sales and marketing expenses" to "Cost of sales". As the result of this reclassification, for the year ending 31 December 2018, "Cost of sales" increased by $920 thousand to $67,422 thousand and "Sales and market expenses" have decreased by $920 thousand to $9,769 thousand. 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 46 Fluence Corporation Limited Consolidated Statement of Financial Position As at 31 December 2019 ASSETS Current assets Cash and cash equivalents Other financial assets Trade and other receivables Inventories Prepayments Concession arrangement assets 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 arrangement assets Other assets Total non-current assets Total assets White LIABILITIES Current liabilities Trade and other payables Borrowings Current tax liabilities Provisions Deferred revenue Total current liabilities Non-current liabilities Other liabilities Borrowings Deferred tax liabilities Provisions Total non-current liabilities Total liabilities Net assets EQUITY Contributed equity Foreign currency translation reserve Accumulated losses Non-controlling interests Total equity Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes 7 7 8 9 10 11 8 12 5 13 14 10 11 15 16 17 18 15 16 5 17 19 21 20 21,908 5,416 39,777 12,610 7,021 512 357 87,601 - 434 858 14,162 5,998 20,961 4,180 46,593 134,194 43,826 877 38 6,264 21,596 72,601 9,812 2,030 2,041 632 14,515 87,116 47,078 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 44,140 141,794 48,845 368 853 4,092 25,898 80,056 9,301 - 532 838 10,671 90,727 51,067 211,840 (14,870) (150,955) 46,015 1,063 47,078 185,126 (15,752) (119,521) 49,853 1,214 51,067 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 47 ) 7 0 4 ( ) 8 2 3 ( ) 4 5 9 , 2 ( 1 0 6 , 3 0 1 2 1 9 , 9 9 ) 2 0 8 , 2 6 ( ) 6 7 3 , 4 1 ( ) 8 7 1 , 7 7 ( 5 0 1 1 9 9 , 1 7 3 2 , 6 2 7 6 0 , 1 5 l a t o T y t i u q e 0 0 0 $ ' g n i l l o r t n o c - n o N - - - 4 5 1 - 4 5 1 5 5 9 5 5 9 - - 5 0 1 4 1 2 , 1 ) 7 0 4 ( ) 8 2 3 ( ) 4 5 9 , 2 ( 7 4 4 , 3 0 1 8 5 7 , 9 9 ) 7 5 7 , 3 6 ( ) 6 7 3 , 4 1 ( ) 3 3 1 , 8 7 ( - 1 9 9 , 1 7 3 2 , 6 2 3 5 8 , 9 4 s t s e r e t n i 0 0 0 $ ' l a t o T 0 0 0 $ ' ) 5 7 0 2 5 ( , ) 7 0 4 ( ) 8 2 3 ( ) 4 5 9 , 2 ( - ) 4 6 7 , 5 5 ( ) 7 5 7 3 6 ( , ) 7 5 7 3 6 ( , - - - - - - ) 6 7 3 , 1 ( - ) 6 7 3 , 4 1 ( ) 6 7 3 , 4 1 ( - - - ) 1 2 5 , 9 1 1 ( ) 2 5 7 , 5 1 ( - - - - - - 8 9 8 , 6 5 1 - 1 9 9 , 1 7 3 2 , 6 2 6 2 1 , 5 8 1 y c n e r r u c n g i e r o F d e t a l u m u c c A n o i t a l s n a r t d e t u b i r t n o C s e s s o l 0 0 0 $ ' e v r e s e r 0 0 0 $ ' y t i u q e 0 0 0 $ ' s e t o N ) 6 7 3 , 1 ( 8 9 8 , 6 5 1 7 6 0 , 1 5 4 1 2 , 1 3 5 8 , 9 4 ) 1 2 5 , 9 1 1 ( ) 2 5 7 , 5 1 ( 6 2 1 , 5 8 1 2 8 8 ) 5 8 5 , 1 3 ( ) 3 0 7 , 0 3 ( 5 0 7 , 1 9 0 0 , 5 2 8 7 0 , 7 4 - ) 1 5 1 ( ) 1 5 1 ( - - 3 6 0 , 1 2 8 8 ) 4 3 4 , 1 3 ( ) 2 5 5 , 0 3 ( 5 0 7 , 1 9 0 0 , 5 2 5 1 0 , 6 4 - - - ) 4 3 4 1 3 ( , ) 4 3 4 1 3 ( , - 2 8 8 2 8 8 - - ) 5 5 9 , 0 5 1 ( ) 0 7 8 , 4 1 ( - - - 5 0 7 , 1 9 0 0 , 5 2 0 4 8 , 1 1 2 9 1 4 0 2 9 1 4 y t i u q E n i s e g n a h C f o t n e m e t a t S d e t a d i l o s n o C 9 1 0 2 r e b m e c e D 1 3 d e d n e r a e y e h t r o F d e t i i m L n o i t a r o p r o C e c n e u F l e h t i f o g n n n g e b e h t i t a y t i u q e l a t o t d e t a t s e R r a e y l a i c n a n i f s a y t i c a p a c r i e h t n i s r e n w o h t i w s n o i t c a s n a r T s t s o c n o i t c a s n a r t f o t e n , s e r a h s i y r a n d r o f o e u s s I : s r e n w o r a e y e h t r o f e m o c n i e v i s n e h e r p m o c l a t o T e m o c n i i e v s n e h e r p m o c r e h t O d o i r e p e h t r o f s s o L 5 1 B S A A f o n o i t p o d a n o t n e m t s u d A j 6 1 B S A A f o n o i t p o d a n o t n e m t s u d A j 9 2 1 B S A A f o n o i t p o d a n o t n e m t s u d A j 8 1 0 2 y r a u n a J 1 t a e c n a l a B y t i t n e d e t a d i l o s n o C s a y t i c a p a c r i e h t n i s r e n w o h t i w s n o i t c a s n a r T s t s o c n o i t c a s n a r t f o t e n , s e r a h s i y r a n d r o f o e u s s I : s r e n w o 9 1 0 2 r e b m e c e D 1 3 t a e c n a l a B s n o i t p o f o e u s s I r a e y e h t r o f e m o c n i e v i s n e h e r p m o c l a t o T e m o c n i i e v s n e h e r p m o c r e h t O d o i r e p e h t r o f s s o L 8 1 0 2 r e b m e c e D 1 3 t a e c n a l a B 9 1 0 2 y r a u n a J 1 t a e c n a l a B s t s e r e t n i g n i l l o r t n o c - n o n h t i w s n o i t c a s n a r T s n o i t p o f o e u s s I 8 4 d e t i i m L n o i t a r o p r o C e c n e u F l . s r a l l o d S U n i d e t n e s e r p e r a s t n u o m a l l A i . s e t o n g n y n a p m o c c a e h t h t i w n o i t c n u n o c n j i d a e r e b d u o h s l y t i u q E n i s e g n a h C f o t n e m e t a t S d e t a d i l o s n o C e v o b a e h T Fluence Corporation Limited Consolidated Statement of Cash Flows For the year ended 31 December 2019 Cash flows from operating activities Receipt from customers Payments to suppliers and employees (*) Royalties paid to Chief Scientist Office (Israel) Receipt from/(transfer to) 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, net Proceeds from sale of property, plant and equipment Acquisition of non-controlling interest in a subsidiary Payments for construction of concession assets (*) Net cash (outflow) 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 Proceeds from / (repayment of) borrowings Finance lease payments Net cash inflow from financing activities Net (decrease) 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 2019 $'000 31 December 2018 $'000 Notes 60,635 (96,384) - (114) 306 (654) (512) (36,723) (1,092) (4,018) 2,443 (300) (1,946) (4,913) 26,072 20 - - (1,128) 2,557 (1,849) 25,672 (15,964) 38,741 (869) 21,908 50,168 (99,317) (23) 108 3,066 (353) (154) (46,505) (2,848) (780) 24 (1,803) (3,378) (8,785) 26,415 799 (1,000) 105 (977) (519) (1,631) 23,192 (32,098) 75,153 (4,314) 38,741 7 7 (*) Payments for construction of concession assets were separated in 2019 from "Payments to suppliers and employees" and reclassified from "Cash flows from operating activities" to "Cash flows from investing activities". As the result of this reclassification, for the year ending 31 December 2018, "Payments to suppliers and employees" have decreased by $3,378 thousand to $99,317 thousand and "Payments for construction of concession assets" have increased to $3,378 thousand. 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 49 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 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 day of March December 2019 was authorised for issue in accordance with a resolution of the Directors on the 26 2020. 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 (aa)). 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 the going concern basis, which assumes the consolidated entity will have sufficient cash to pay its debts, as and when they become payable, for a period of at least 12 months from the date the financial report was authorised for issue. For the year ended 31 December 2019, the consolidated entity incurred an operating loss after tax of $31,585,000 (2018: $62,802,000) and had cash outflows from operating activities of $36,723,000 (2018: $46,505,000), and total net cash outflows of $15,964,000, after including cash outflows from investing activities and cash inflows from financing activities. The Group had cash and cash equivalents of $21,908,000 and other financial assets of $5,416,000 at 31 December 2019. Fluence Corporation Limited 50 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (b) Basis of preparation (continued) (i) Going concern (continued) The consolidated entity has prepared a cash flow forecast supported by detailed assumptions and scenario planning directed to sustaining business growth. These forecasts indicate that the consolidated entity will be able to fund its ongoing operations for a period of 12 months from the date the financial report was authorised for issue. The Group has prepared cash flow forecasts that include the following: • • • Positive Group operating cash inflows for the 12 months ended 31 December 2020 and 15 months ended 31 March 2021; positive Group net cash flows for the 12 months ended 31 December 2020, and 15 months ended 31 March 2021 after allowing for operating, investing and financing cash flows. The positive Group operating cash inflows have been based on a substantial contracted sales backlog of US$155million for FY 2020, which includes the Ivory Coast Project and other projects. Revenues from the Ivory Coast Project are US$ 187 million for financial years 2020, 2021 and 2022. Key assumptions include the Ivory Coast Project commencing during the 2020 financial year, and cash flows from other projects in the contracted sales backlog will continue to be generated as scheduled in the cash flow forecasts. The Group also has in place a project financing loan facility with Generate Capital, which will be applied to finance completion of strong cash flow generation projects. The cash flow forecasts allow for a drawdown on the Generate Capital facility. The resulting net cash flows from major projects will provide further working capital to the consolidated entity. Subsequent to reporting date, on 31 January 2020, the World Health Organisation (WHO) announced a global health emergency because of a new strain of coronavirus (COVID-19 outbreak) and the risks to the international community as the virus spreads globally beyond its point of origin. Because of the rapid increase in exposure globally, on 11 March 2020, the WHO classified the COVID-19 outbreak as a pandemic. These events are having a significant negative impact on world stock markets, currencies and general business activities. Completion of projects included in the current cash flows from operating activities do not allow for significant delays, which may result from the global COVID-19 pandemic. At this stage it is impossible to forecast the impact that this pandemic may have, if any, on the timing for completion of projects. If the global COVID-19 pandemic does cause delays in completion of the key projects, this can be expected to materially affect Group forecast cash flows in terms of operating, investing and financial activities. The occurrence of significant delays in forecast operating activities and plans may lead to requiring the Group to raise additional finance or equity to fund ongoing operations. As a consequence the potential impact the global COVID-19 pandemic may have on the Group’s business operations and resulting cash flows may create a material uncertainty that may cast doubt on the consolidated entity’s ability to continue as a going concern. The financial statements, as presented, do not reflect the situation should the consolidated entity be unable to continue as a going concern. If the going concern assumption is not valid, the consequence is the consolidated entity may be unable to realise the value of its assets including its intangible assets and discharge its liabilities in the ordinary course of business. (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(ab) for more information about first implementation of new standards). All other accounting standards adopted by the Group are consistent with the most recent Annual Report for the year ended 31 December 2018. Fluence Corporation Limited 51 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (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 2019 The current portion of Concession arrangement assets previously included in the Consolidated Statement of Financial Position in the Appendix 4E Preliminary Final Report for the year ended 31 December 2019 within "Non-current assets" has been reclassified to "Concession arrangement assets" within Current assets for a more accurate presentation. As a result of this reclassification, for the year ending 31 December 2019, "Concession arrangement assets" (current) have increased by $512,000 to $512,000 and "Concession arrangement assets" (non-current) has decreased by $512,000 to $20,961,000, when compared to the Appendix 4E Preliminary Final Report. The Acquisitions of non-current assets in Note 2 "Segment Information" have been updated after Notes 13 "Property, plant and equipment" and 14 "Intangible assets" have been finalised. (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 28. 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 entitled to a proportionate share of the 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 52 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (f) Revenue recognition 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, 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 obligations can be satisfied at a point in time or over time. the Group needs to identify the contract, Revenue related to construction or upgrade services under service concession arrangements 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. (h) 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. (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 of 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. The portion of long service leave that has not vested at the reporting date is included in the non-current provision for employee benefits. Fluence Corporation Limited 53 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (i) Employee benefits (continued) (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 and Other Comprehensive Income 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) 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. Fluence Corporation Limited 54 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (j) Investment in associates and joint ventures (continued) 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. 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 and Other Comprehensive Income. 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. (k) 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. Fluence Corporation Limited 55 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (l) 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 Flows, cash and cash equivalents consist of cash and cash equivalents as defined above. (m) 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. 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. (n) 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. (o) 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 Capitalised development costs 5-7 years 15 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. Fluence Corporation Limited 56 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (p) 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. (q) 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. (r) 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. Fluence Corporation Limited 57 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (r) Income tax (continued) 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. (s) 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 Flows 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. (t) 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 life and assessed to be either finite or indefinite. Intangible assets with finite lives are amortised over the useful 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) 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 Fluence Corporation Limited 58 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (t) Intangible assets (continued) (i) Research and development (continued) 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. Amortisation commences when the assets are ready for use. (ii) 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 a service concession arrangement 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. (u) 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. (v) 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. (w) 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. (x) 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. Fluence Corporation Limited 59 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (y) 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. (z) 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. (aa) 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 60 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (aa) 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 stage of 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 project 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. 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. Fluence Corporation Limited 61 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (aa) Significant Accounting Estimates and Assumptions (continued) (vii) PDVSA project (continued) 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. During 2019, the United States Office of Foreign Assets Control (OFAC), enacted further sanctions with respect to Venezuela (the Venezuelan Sanctions). As Fluence is headquartered in the US, the Company has determined that the Venezuelan Sanctions are applicable to the Company and its subsidiaries. While in place, the Venezuelan Sanctions prohibit US persons from having certain dealings with Venezuela (subject to certain exceptions). This extends to any work Fluence’s Argentinean subsidiary may otherwise have performed for PDVSA. We are keeping the customer informed as permitted under the OFAC regulations, and to date no claims have been brought in response to the issue. We are currently exploring all possible options to move forward in light of the Venezuelan Sanctions, including seeking an OFAC license to perform under the arrangements with PDVSA. (viii)San Quintin project In January 2016, the Group entered into a service concession arrangement in Mexico to build and operate a desalination plant (the "Desalination Plant"). The construction started in October 2018 and is expected to be completed by September 2021.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. During the years 2017, 2018 and 2019, The Company recognised revenue of US$0.6 million, US$13.1 million and US$1.1 million, respectively, 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 new Administration of the State of Baja California took office at the end of 2019 and subsequently appointed new officials at the Comisión Estatal del Agua de Baja California (the “Customer”). The Customer informed the Company on 15 February 2020 of their intent to proceed with the San Quintin project. Since such time, the Customer and the Company have been engaged in discussions to address any remaining open items under the contract. (ab)New and amended standards adopted by the group AASB Interpretation 23: Uncertainty over income tax treatments (IFRIC 23): IFRIC 23 clarifies the application of recognition and measurement requirements of AASB 112 Income Taxes where there is uncertainty over income tax treatments. The Interpretation specifically addresses: • Whether an entity considers uncertain tax treatments separately; • • That the entity should assume a tax authority will examine the uncertain tax treatments and have full knowledge of all related information, i.e. that detection risk should be ignored; That the entity should reflect the effect of the uncertainty in its income tax accounting when it is not probable that the tax authorities will accept the treatment; Fluence Corporation Limited 62 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 1 Summary of significant accounting policies (continued) (ab)New and amended standards adopted by the group (continued) • • That the impact of the uncertainty should be measured using either the most likely amount or the expected value method, depending on which method best predicts the resolution of the uncertainty; and, That the judgements and estimates made must be reassessed whenever circumstances have changed or there is new information that affects the judgements. The Group has assessed the impact of IFRIC 23 on the financial statements. The assessment concluded that the Interpretation did not have any material impact on the Group’s financial statements. Consequently, no retrospective adjustment is required. 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: • • • • • 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. 2019 Segment revenue Operating revenue and other income Segment expense Segment depreciation and amortisation Share of profits of associates Write off of inventories Segment expense Unallocated expenses - corporate Segment results Operating Units $'000 Production and Innovation $'000 Intersegment Elimination $'000 Total $'000 60,765 60,765 (2,038) 84 (1,299) (63,578) - (66,831) (6,066) 1,920 1,920 (863) - - (7,730) - (8,593) (6,673) (1,391) (1,391) - - - (6,783) - (6,783) (8,174) 61,294 61,294 (2,901) 84 (1,299) (78,091) (10,672) (92,879) (31,585) Fluence Corporation Limited 63 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 2 Segment information (continued) 2019 Assets Investments in associates Segment assets Unallocated assets - corporate Liabilities Segment liabilities Unallocated liabilities - corporate Acquisitions of non-current assets 2018 Segment revenue Operating revenue and other income Segment expense Segment depreciation and amortisation Goodwill impairment 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 Operating Units $'000 Production and Innovation $'000 Intersegment Elimination $'000 Total $'000 434 110,880 - 111,314 (80,184) - (80,184) 2,804 - 6,536 - 6,536 (8,871) - (8,871) 80 - (5,483) - (5,483) 4,168 - 4,168 - 434 111,933 21,827 134,194 (84,887) (2,229) (87,116) 2,884 Operating Units $'000 Production and Innovation $'000 Intersegment Elimination $'000 Total $'000 100,722 100,722 (1,886) (56,293) 38 (172) (103,556) - (161,869) (61,147) 484 115,475 - 115,959 (81,469) - (81,469) 4,087 1,588 1,588 (1,187) (1,187) 101,123 101,123 (860) - - - (11,995) - (12,855) (11,267) - 9,006 - 9,006 (8,663) - (8,663) 733 - - - - 22,661 - 22,661 21,474 - (1,383) - (1,383) 3,004 - 3,004 - (2,746) (56,293) 38 (172) (92,890) (11,862) (163,925) (62,802) 484 123,098 18,212 141,794 (87,128) (3,599) (90,727) 4,820 Fluence Corporation Limited 64 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 2 Segment information (continued) Unallocated expenses Other corporate expenses Unallocated assets Cash and cash equivalents Other assets Unallocated liabilities Trade and other payables Other liabilities Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 (10,672) (11,862) Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 11,575 10,252 21,827 14,003 4,209 18,212 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 (882) (1,347) (2,229) (2,126) (1,473) (3,599) Intersegment transactions Intersegment consolidation. transactions are made on a arm's-length basis. 3 Operating revenue and expenses Intersegment transactions are eliminated on Operating revenue Space Contract revenue Smart product solutions Customer engineering solutions Service concession arrangements revenue Space Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 26,394 25,247 2,465 54,106 21,795 51,820 20,847 94,462 Fluence Corporation Limited 65 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 3 Operating revenue and expenses (continued) Service revenue Revenues on services Other Research and development Salaries and other employee related expenses Materials Depreciation Professional fees Travel and entertainment Other Sales and marketing Salaries and other employee related expenses Marketing activities Travel and entertainment Professional fees Other Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 4,946 1,910 6,856 3,699 2,712 6,411 60,962 100,873 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 2,266 1,246 465 267 191 223 4,658 2,153 4,093 205 210 227 326 7,214 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes 6,352 1,106 1,013 701 813 9,985 5,639 1,719 1,124 466 821 9,769 Fluence Corporation Limited 66 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 3 Operating revenue and expenses (continued) General and administration Salaries and other employee related expenses Professional fees Depreciation Director expense Office expenses Travel and entertainment Insurance Bank charges Import and export expenses Maintenance Increase/(reversal of) bad debt provision Other Other gains/(loss) - net Foreign exchange gain / (loss) Gain / (loss) on disposal of Property, plant and equipment Write down of inventory Withholding taxes (Increase)/reversal of provisions Loss from investments accounted for using the equity method Other Finance income/(costs) - net Interest income Fund valuation gain/(loss) Interest expense Project financing and other Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 11,141 4,904 2,338 1,870 1,677 1,364 873 339 219 101 (91) 824 25,559 9,961 5,987 2,554 1,761 1,076 1,396 689 368 852 255 2,229 614 27,742 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 1,634 1,393 (1,299) (550) (334) 84 400 1,328 5,255 (19) (172) (686) 78 38 (58) 4,436 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 328 129 (579) (423) (545) 3,066 (1,947) (407) (191) 521 Fluence Corporation Limited 67 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 3 Operating revenue and expenses (continued) 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 2019 $'000 31 December 2018 $'000 3,089 27,752 2,937 29,120 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 68 9 6 ) 1 8 4 , 9 9 7 ( 0 0 0 , 8 9 1 , 1 ) 0 0 0 , 0 4 9 , 1 ( ) 6 0 9 , 3 ( ) 5 2 6 , 0 4 ( ) 0 0 0 , 0 0 0 , 3 ( ) 0 0 0 , 4 2 1 ( 0 0 0 , 2 7 2 ) 0 0 0 , 0 0 1 ( ) 9 8 3 , 7 4 3 ( 0 0 0 , 0 0 5 ) 0 5 2 , 6 1 ( ) 0 0 5 , 2 5 ( ) 0 0 5 , 4 ( ) 0 5 7 , 8 ( ) 4 8 8 , 2 3 1 ( ) 4 8 8 , 2 3 1 ( 0 0 0 , 0 5 2 0 0 0 , 0 5 2 ) 0 0 0 , 5 3 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 3 ( ) 0 0 0 , 8 1 ( 0 0 0 , 0 6 3 , 3 - ) 1 8 4 , 9 9 7 ( ) 0 0 0 , 0 4 9 , 1 ( ) 6 0 9 , 3 ( ) 5 2 6 , 0 4 ( ) 0 0 0 , 4 2 1 ( ) 0 0 0 , 0 0 0 , 3 ( - ) 0 0 0 , 0 0 1 ( ) 9 8 3 , 7 4 3 ( - ) 0 5 2 , 6 1 ( ) 0 0 5 , 2 5 ( ) 0 0 5 , 4 ( - - - - - - ) 0 0 0 , 5 3 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 3 ( ) 0 0 0 , 8 1 ( - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) 0 5 7 , 8 ( ) 4 8 8 , 2 3 1 ( ) 4 8 8 , 2 3 1 ( - - - - - - - - d e t i i m L n o i t a r o p r o C e c n e u F l 0 0 0 , 8 9 1 , 1 - - - - - - - - - - - - 0 0 0 , 2 7 2 - - 0 0 0 , 0 0 5 0 0 0 , 0 5 2 0 0 0 , 0 5 2 0 0 0 , 0 6 3 , 3 - - - - - 9 3 . 0 0 4 . 0 3 9 . 0 8 4 . 0 6 4 . 0 2 7 . 0 1 8 . 0 6 4 . 0 8 5 . 0 5 8 . 0 3 5 . 0 9 3 . 0 1 8 . 0 1 8 . 0 0 3 . 0 0 4 . 0 9 3 . 0 0 6 . 0 0 8 . 0 9 3 . 0 1 8 . 0 0 3 . 0 0 4 . 0 6 4 . 0 6 4 . 0 9 1 0 2 y r a u n a J 1 3 1 2 0 2 r e b m e t p e S 0 3 5 2 0 2 y a M 5 2 5 2 0 2 y a M 5 2 2 2 0 2 t s u g u A 7 2 9 1 0 2 h c r a M 1 3 1 2 0 2 r e b m e t p e S 0 1 2 2 0 2 e n u J 3 2 2 0 2 h c r a M 1 1 5 2 0 2 y a M 5 2 3 2 0 2 e n u J 5 1 1 2 0 2 r e b m e t p e S 0 3 1 2 0 2 r e b m e t p e S 0 1 1 2 0 2 r e b m e t p e S 0 1 9 1 0 2 r e b m e c e D 3 2 9 1 0 2 r e b m e c e D 3 2 1 2 0 2 r e b m e t p e S 0 3 3 2 0 2 e n u J 3 1 3 2 0 2 e n u J 3 1 5 2 0 2 y u J 4 1 l 2 2 0 2 e n u J 3 0 2 0 2 h c r a M 3 2 0 2 0 2 h c r a M 3 2 2 2 0 2 r e b m e c e D 3 1 2 0 2 r e b m e t p e S 0 1 9 1 0 2 y r a u n a J 1 3 9 1 0 2 y r a u r b e F 4 9 1 0 2 h c r a M 7 2 9 1 0 2 h c r a M 7 2 9 1 0 2 h c r a M 7 2 9 1 0 2 l i r p A 4 9 1 0 2 l i r p A 4 9 1 0 2 l i r p A 0 1 9 1 0 2 l i r p A 5 1 9 1 0 2 l i r p A 5 1 9 1 0 2 l i r p A 6 1 9 1 0 2 l i r p A 9 2 9 1 0 2 l i r p A 9 2 9 1 0 2 y a M 7 2 9 1 0 2 y a M 7 2 9 1 0 2 y a M 7 2 9 1 0 2 y a M 7 2 9 1 0 2 y a M 0 3 9 1 0 2 y a M 0 3 9 1 0 2 y a M 0 3 9 1 0 2 e n u J 8 1 9 1 0 2 y u J 0 1 l 9 1 0 2 y u J 0 1 l 9 1 0 2 y u J 0 1 l 9 1 0 2 y u J 0 1 l r a e y t a e c n a l a B / d e l l e c n a C e s i c r e x E e c i r P 1 7 6 , 6 3 4 , 6 4 ) 8 5 5 , 7 7 8 , 0 1 ( 1 3 6 , 1 4 9 , 0 2 6 0 3 , 2 8 7 , 6 1 ) 3 4 6 , 8 8 2 , 3 1 ( 2 7 8 , 2 0 6 , 0 7 d n e d e s r e v e R d e t s e V d e s i c r e x E d e t n a r G ) $ U A ( e t a D y r i p x E r a e y e h t g n i r u d d e t s e v s n o i t p O e t a d e g a n a h c / t n a r G e c n a l a b g n n e p O i s t n e m e t a t S i l a i c n a n F d e t a d i l o s n o C e h t o t s e t o N 9 1 0 2 r e b m e c e D 1 3 ) d e u n i t n o c ( ) d e u n i t n o c ( s t n e m y a p d e s a b - e r a h S ) a ( ) d e u n i t n o c ( n a l P n o i t p O e e y o p m E l ) d e u n i t n o c ( s t s o c e l p o e P 4 d e t i i m L n o i t a r o p r o C e c n e u F l 0 7 d e t i i m L n o i t a r o p r o C e c n e u F l 4 2 8 , 7 9 5 , 9 3 ) 7 8 8 , 1 6 0 , 3 2 ( 7 3 9 , 3 2 7 , 7 3 ) 1 6 1 , 3 7 7 , 3 1 ( 2 7 8 , 2 3 4 , 6 7 r a e y t a e c n a l a B / d e l l e c n a C d n e ) 0 0 0 , 5 7 ( ) 0 5 7 , 2 1 4 ( ) 0 0 0 , 0 0 3 ( ) 0 0 5 , 1 3 ( ) 0 5 7 , 5 1 ( ) 0 0 0 , 0 4 ( ) 0 0 0 , 0 5 7 ( ) 0 0 0 , 0 4 1 ( d e s r e v e R ) 0 5 7 , 2 1 4 ( ) 0 0 0 , 5 7 ( ) 0 0 0 , 0 0 3 ( ) 0 0 5 , 1 3 ( ) 0 5 7 , 5 1 ( ) 0 0 0 , 0 4 ( ) 0 0 0 , 0 5 7 ( ) 0 0 0 , 0 4 1 ( ) 0 0 0 , 0 0 0 , 2 ( ) 0 0 0 , 0 0 0 , 2 ( ) 9 8 5 , 8 8 ( ) 0 0 0 , 0 1 2 ( ) 9 8 5 , 8 9 2 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 0 2 ( ) 0 0 0 , 6 ( ) 0 0 0 , 0 0 1 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 5 ( ) 0 5 7 , 3 2 ( ) 0 5 7 , 8 6 4 ( ) 0 0 0 , 2 5 3 ( ) 0 0 0 , 0 9 ( ) 0 0 0 , 5 2 ( ) 0 0 0 , 5 ( - ) 9 8 5 , 8 8 ( ) 0 0 0 , 0 5 ( ) 9 8 5 , 8 9 2 ( ) 0 0 0 , 0 0 2 ( ) 0 0 0 , 6 ( ) 0 0 0 , 0 0 1 ( ) 0 0 0 , 0 5 ( ) 0 0 0 , 0 5 ( ) 0 5 7 , 3 2 ( ) 0 5 7 , 8 6 4 ( ) 0 0 0 , 2 5 3 ( ) 0 0 0 , 0 9 ( ) 0 0 0 , 5 2 ( ) 0 0 0 , 5 ( d e t s e V d e s i c r e x E d e t n a r G ( ) $ U A e c i r P e s i c r e x eE t a D y r i p x E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) 0 0 0 , 0 1 2 ( - - - - - - - - - - - - - - - - - - - - - - - - 1 8 . 0 6 8 . 0 2 7 . 0 1 8 . 0 1 8 . 0 5 7 . 0 9 3 . 0 1 8 . 0 0 4 . 0 0 3 . 0 0 3 . 0 0 4 . 0 0 3 . 0 7 0 . 1 6 4 . 0 7 8 . 0 0 3 . 0 0 4 . 0 6 4 . 0 3 5 . 0 1 8 . 0 9 3 . 0 6 8 . 0 6 4 . 0 9 1 0 2 y u J 4 1 l 1 2 0 2 r e b m e t p e S 0 3 0 2 0 2 r e b m e c e D 0 2 1 2 0 2 r e b m e t e p S 0 3 1 2 0 2 r e b m e t p e S 0 3 9 1 0 2 r e b m e t p e S 0 3 1 2 0 2 r e b m e t p e S 0 3 1 2 0 2 r e b m e t p e S 0 1 9 1 0 2 r e b m e c e D 6 1 9 1 0 2 r e b m e c e D 3 2 9 1 0 2 r e b m e c e D 3 2 9 1 0 2 r e b m e c e D 3 2 0 2 0 2 h c r a M 3 2 0 2 0 2 t s u g u A 5 2 0 2 0 2 r e b o t c O 7 2 2 2 0 2 r e b m e c e D 3 0 2 0 2 l i r p A 2 1 0 2 0 2 l i r p A 2 1 2 2 0 2 e n u J 3 3 2 0 2 e n u J 5 1 1 2 0 2 y a M 3 1 2 0 2 r e b m e c e D 3 1 2 0 2 r e b m e t p e S 0 1 1 2 0 2 r e b m e t p e S 0 3 e t a d e g n a h c / t n a r G 9 1 0 2 y u J 0 1 l 9 1 0 2 y u J 0 1 l 9 1 0 2 y u J 4 1 l 9 1 0 2 r e b m e t p e S 8 1 9 1 0 2 r e b m e t p e S 0 3 9 1 0 2 t s u g u A 6 9 1 0 2 r e b m e c e D 6 1 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 9 1 0 2 r e b m e c e D 0 3 e c n a l a b g n i s o C l 9 1 0 2 r e b o t c O 3 2 9 1 0 2 r e b o t c O 3 2 s t n e m e t a t S i l a i c n a n F d e t a d i l o s n o C e h t o t s e t o N 9 1 0 2 r e b m e c e D 1 3 ) d e u n i t n o c ( ) d e u n i t n o c ( s t n e m y a p d e s a b - e r a h S ) a ( ) d e u n i t n o c ( n a l P n o i t p O e e y o p m E l ) d e u n i t n o c ( s t s o c e l p o e P 4 d e t i i m L n o i t a r o p r o C e c n e u F l Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 4 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) (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. Grant date a 31 January 2019 10 April 2019 16 April 2019 30 May 2019 30 May 2019 30 May 2019 Expiry Date 30 September 2021 3 June 2022 15 June 2023 14 July 2025 13 June 2023 13 June 2023 Share price at grant date (AU$) 0.363 0.550 0.530 0.455 0.455 0.455 Exercise Price (AU$) 0.39 0.46 0.53 0.39 0.60 0.80 Dividend yield Nil Nil Nil Nil Nil Nil Risk-free interest rate (%) 1.77 1.43 1.48 1.39 1.15 1.15 Fair value at grant date 0.0888 0.1717 0.1692 0.1529 0.1120 0.0893 The weighted average remaining contractual life of options outstanding at year-end was 2.89 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 $0.1965. These values were calculated using the binomial lattice, based on the Cox, Ross Rubinstein (1979) method applying the following inputs: Weighted average exercise price: $0.62 Expected share price volatility: 59% The volatility measure was obtained based on the historical returns of the company's stock on the ASX. (b) Expenses arising from share-based payment transactions Share based payment expense Consultant share based payments Employee share based payments Director share based payments (c) Key Management Personnel Disclosures Compensation Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 146 349 1,210 1,705 74 823 1,094 1,991 The aggregate compensation made to directors and other members of key management personnel of the Group is set out below: Fluence Corporation Limited 71 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 4 People costs (continued) (c) Key Management Personnel Disclosures (continued) Compensation (continued) Short-term employee benefits Share based payments Consolidated entity 31 December 2019 $ 31 December 2018 $ 2,905,179 1,327,156 4,232,335 3,599,150 1,283,452 4,882,602 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 2019 and 31 December 2018. For more information on Key Management Personnel Compensation disclosed under the Corporations Act 2001, please refer to Remuneration Report contained within the 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 2019 $'000 31 December 2018 $'000 (3,146) (350) 1,509 (1,987) (18) 715 (1,139) (442) Fluence Corporation Limited 72 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (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 2019 $'000 31 December 2018 $'000 (29,598) (62,360) (8,879) 8,879 (79) (162) (1,760) 14 (1,987) (18,708) 18,708 (111) (152) (110) (69) (442) Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 232 - 199 - 155 74 54 144 858 184 1 19 361 107 - 60 476 1,208 Fluence Corporation Limited 73 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (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 Fixed assets Other (d) Unrecognised deferred tax assets Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 - 1,018 87 936 2,041 4 238 290 - 532 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 2019 was $38,447,000 (2018: $29,568,000). 6 Loss per share (a) Basic loss per share Consolidated entity 31 December 2019 $ 31 December 2018 $ Loss attributable to the ordinary equity holders of the Group (0.06) (0.14) (b) Diluted loss per share Consolidated entity 31 December 2019 $ 31 December 2018 $ Loss attributable to the ordinary equity holders of the Group (0.06) (0.14) Fluence Corporation Limited 74 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 6 Loss per share (continued) (c) Reconciliation of earnings used in calculating earnings per share Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Profit attributable to the ordinary equity holders of the Group used in calculating basic earnings per share: From continuing operations (31,585) (62,802) (d) Weighted average number of shares Consolidated entity 2018 2019 Number Number Weighted average number of ordinary shares used as the denominator in calculating basic and diluted loss per share 553,262,961 439,535,108 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 2019 $'000 31 December 2018 $'000 21,908 21,908 38,741 38,741 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 416 5,000 5,416 1,538 879 2,417 Fluence Corporation Limited 75 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 7 Cash and cash equivalents, Other financial assets, Cash Flows (continued) (c) Cash flow information (Loss) after income tax Adjustment for: Depreciation and amortisation expenses Share based payments expense Impairment loss Increase/(decrease) in bad debt provision Warranty provision Inventory reserve (Gain)/loss on disposal of property, plant and equipment Share of profits of associates and joint ventures Increase/(decrease) in provision for losses Increase/(decrease) in employee benefits provision Restructuring provision Finance costs - net Foreign exchange differences Decrease in restricted cash (Increase)/decrease in trade and other receivables (Increase)/decrease in inventory (Increase) in prepaid expenses Decrease in net tax asset (Increase)/decrease in other current and non-current assets Increase/(decrease) in trade and other payables (*) (Decrease) in deferred revenues Cash generated from operations Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 (31,585) (62,802) 2,901 1,705 - (91) 241 1,299 (1,393) (84) 334 (370) 1,741 197 (1,634) 1,040 4,971 5,081 (3,069) 2,257 (1,423) (16,022) (2,819) (36,723) 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) 442 2,061 4,087 (33,814) (46,505) (*) Payments for construction of concession assets included in Cash flows from operating activities for the year ending 31 December 2018 have been reclassified to Cash flows from investing activities. As the result of this reclassification, for the year ending 31 December 2018, Cash flows from operating activities decreased by $3,378 thousand to $46,505 thousand. The non-cash increase of concession arrangements asset for the year ending 31 December 2018 has been reclassified to Increase/(decrease) in trade and other payables for a purpose of accurate comparison between 2019 and 2018. Fluence Corporation Limited 76 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (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 Other receivables Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 22,936 15,689 (2,874) 35,751 2,953 997 (29) 105 4,026 15,176 17,882 (3,211) 29,847 2,631 529 406 101 3,667 Total current trade and other receivables 39,777 33,514 Non-current receivables Long-term receivables Provision for impairment - long-term receivables Total non-current receivables Additional information on contract debtors Total contract debtors Total contract liabilities 1,190 (1,190) - 1,223 (1,213) 10 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes 15 35,751 (22,116) 13,635 29,847 (29,040) 807 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. Fluence Corporation Limited 77 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 9 Inventories Raw materials - at cost Work in progress - at cost Finished goods - at lower of cost or net realisable value 10 Concession asset Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 8,537 1,318 2,755 12,610 9,217 6,151 3,498 18,866 The Group have three concession service arrangements on hand as of 31 December 2019: • • • 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 completed in January 2020. 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 2019, the Group has recognised revenue of $0.5 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 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 2021. 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 2019, the Group has recognised revenue of $1.1 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 $0.3 million and $0.8 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. For more information refer to note 1 (aa) (viii). 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 July 2020. 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 2019, the Group has recognised revenue of $0.8 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 78 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 10 Concession asset (continued) a Concession assets Current concession asset Non-current concession asset 11 Other assets a Current assets Other a Non-current assets Construction bond Other 12 Investments accounted for using the equity method Consolidated entity 31 December 31 December 2019 $'000 2018 $'000 512 20,961 21,473 - 18,830 18,830 Consolidated entity 31 December 31 December 2019 $'000 2018 $'000 357 357 67 67 Consolidated entity 31 December 31 December 2019 $'000 2018 $'000 3,526 654 4,180 2,400 759 3,159 Quoted fair value / Carrying Amount 31 December 31 December 2019 $'000 2018 $'000 a Name of entity E.T.G.R Water Infrastructure Management Place of business/ country of incorporation % of ownership interest Nature of relationship Measurement method Israel 50% Associate Equity method 434 484 As of 31 December 2019, the Group holds 50% interest in E.T.G.R Water Infrastructure Management partnership. This investment contributed a gain of $84,000 to Fluence Corporation Limited, which is included in 'Other gains/(loss) - net' in the Consolidated Statement of Profit or Loss and Other Comprehensive Income. Fluence Corporation Limited 79 ) 9 9 7 , 8 ( 5 4 6 , 3 2 6 4 8 , 4 1 9 8 5 , 2 6 4 8 , 4 1 ) 0 5 0 , 1 ( ) 8 0 7 , 2 ( 5 8 4 2 6 1 , 4 1 1 2 2 , 5 2 ) 9 5 0 , 1 1 ( 2 6 1 , 4 1 0 5 7 , 8 ) 0 4 6 , 1 ( 0 1 1 , 7 - 0 1 1 , 7 7 9 4 , 1 ) 8 2 6 , 1 ( 8 1 3 7 9 2 , 7 ) 1 7 3 , 3 ( 8 6 6 , 0 1 7 9 2 , 7 0 6 7 ) 0 1 5 ( 0 5 2 0 5 2 8 4 2 ) 5 3 ( ) 1 5 ( ) 1 1 1 ( 1 0 3 4 7 8 ) 3 7 5 ( 1 0 3 2 3 7 9 8 7 , 2 ) 7 5 0 , 2 ( - 2 3 7 5 1 2 ) 4 8 1 ( 6 9 9 5 8 9 5 8 7 8 0 , 3 ) 8 2 2 , 2 ( ) 6 5 8 ( 7 4 4 3 0 3 , 1 - 7 4 4 3 3 1 ) 9 1 ( ) 5 0 2 ( 6 5 3 6 5 3 2 9 4 , 1 ) 6 3 1 , 1 ( 9 1 0 , 5 ) 3 9 3 , 2 ( 6 2 6 , 2 - 3 4 2 6 2 6 , 2 ) 0 6 3 ( 8 0 1 7 1 6 , 2 4 8 4 , 5 ) 7 6 8 , 2 ( 7 1 6 , 2 0 3 8 , 4 ) 3 4 3 , 1 ( 7 8 4 , 3 1 6 1 ) 5 3 8 ( ) 0 2 2 ( 9 1 7 8 4 , 3 2 1 6 , 2 ) 4 8 8 ( 6 9 4 , 3 2 1 6 , 2 - 4 9 1 4 9 1 2 9 4 9 1 ) 0 8 1 ( - 4 1 0 2 1 - 0 2 1 0 2 1 l a t o T 0 0 0 $ ' e s u f o t h g R i s t e s s a 0 0 0 $ ' s e l c i h e V 0 0 0 $ ' s r e t u p m o C d n a e c i f f O l a r e h p i r e p t n e m p u q e i d n a e r u t i n r u f t n e m p u q e i n o i t c u d o r P t n e m p u q e i d n a s g n d i l i u B l d o h e s a e L s t n e m e v o r p m i 0 0 0 $ ' 0 0 0 $ ' 0 0 0 $ ' 0 0 0 $ ' d n a L 0 0 0 $ ' 0 8 d e t i i m L n o i t a r o p r o C e c n e u F l 9 1 0 2 r e b m e c e D 1 3 d e d n e r a e Y t n u o m a k o o b t e n g n n e p O i s n o i t i d d A t n u o m a k o o b t e N t n u o m a k o o b t e n g n i s o C l s e c n e r e f f i d e g n a h c x E e g r a h c n o i t a c e r p e D i 9 1 0 2 r e b m e c e D 1 3 t A t s o C l s a s o p s D i i n o i t a c e r p e d n o i t a u m u c c A l t n u o m a k o o b t e N i n o i t a c e r p e d d e t a u m u c c A l y t i t n e d e t a d i l o s n o C 9 1 0 2 y r a u n a J 1 t A e u a v l r i a f r o t s o C s t n e m e t a t S i l a i c n a n F d e t a d i l o s n o C e h t o t s e t o N 9 1 0 2 r e b m e c e D 1 3 ) d e u n i t n o c ( i t n e m p u q e d n a t n a l p , y t r e p o r P 3 1 d e t i i m L n o i t a r o p r o C e c n e u F l ) 3 4 4 , 6 ( 7 5 5 , 3 1 4 1 1 , 7 4 1 1 , 7 2 6 9 , 8 3 4 8 3 0 8 , 2 ) 5 4 ( ) 5 0 9 , 2 ( ) 6 2 9 , 1 ( 6 4 8 , 4 1 ) 9 9 7 , 8 ( 5 4 6 , 3 2 6 4 8 , 4 1 - - - - - - - 2 6 9 , 8 ) 8 7 1 ( ) 4 7 6 , 1 ( 0 1 1 , 7 0 5 7 , 8 ) 0 4 6 , 1 ( 0 1 1 , 7 5 3 8 ) 1 8 5 ( 4 5 2 - 4 5 2 6 3 4 0 1 ) 6 2 ( ) 8 6 ( ) 0 5 ( 0 5 2 0 6 7 ) 0 1 5 ( 0 5 2 8 0 7 8 3 4 , 2 ) 0 3 7 , 1 ( - 8 0 7 5 1 6 7 4 - ) 4 4 3 ( ) 3 2 1 ( 2 3 7 2 3 7 9 8 7 , 2 ) 7 5 0 , 2 ( ) 2 8 7 ( 9 4 5 1 3 3 , 1 - 4 1 6 7 9 4 5 ) 9 1 ( ) 9 4 1 ( ) 4 2 ( 7 4 4 ) 6 5 8 ( 3 0 3 , 1 7 4 4 9 9 0 , 4 ) 7 3 0 , 2 ( 2 6 0 , 2 - 2 1 2 6 0 , 2 - 8 1 0 , 1 ) 8 8 2 ( ) 8 7 1 ( 6 2 6 , 2 9 1 0 , 5 ) 3 9 3 , 2 ( 6 2 6 , 2 7 7 7 , 4 ) 3 1 3 , 1 ( 4 6 4 , 3 - 4 6 4 , 3 - 9 5 7 5 1 0 , 1 ) 2 8 3 ( ) 9 6 3 , 1 ( 7 8 4 , 3 0 3 8 , 4 ) 3 4 3 , 1 ( 7 8 4 , 3 - 7 7 7 7 - 7 7 7 4 1 1 - - ) 4 ( 4 9 1 - 4 9 1 4 9 1 l a t o T 0 0 0 $ ' e s u f o t h g R i s t e s s a 0 0 0 $ ' s e l c i h e V 0 0 0 $ ' s r e t u p m o C d n a e c i f f O l a r e h p i r e p t n e m p u q e i d n a e r u t i n r u f t n e m p u q e i n o i t c u d o r P t n e m p u q e i d n a s g n d i l i u B l d o h e s a e L s t n e m e v o r p m i 0 0 0 $ ' 0 0 0 $ ' 0 0 0 $ ' 0 0 0 $ ' d n a L 0 0 0 $ ' 1 8 d e t i i m L n o i t a r o p r o C e c n e u F l 8 1 0 2 r e b m e c e D 1 3 d e d n e r a e Y t n u o m a k o o b t e n g n n e p O i t n u o m a k o o b t e N 9 2 1 B S A A f o n o i t p o d A 6 1 B S A A f o n o i t p o d A s n o i t i d d A t n u o m a k o o b t e n g n i s o C l s e c n e r e f f i d e g n a h c x E e g r a h c n o i t a c e r p e D i 8 1 0 2 r e b m e c e D 1 3 t A e u a v l r i a f r o t s o C l s a s o p s D i i n o i t a c e r p e d d e t a u m u c c A l t n u o m a k o o b t e N i n o i t a c e r p e d d e t a u m u c c A l y t i t n e d e t a d i l o s n o C 8 1 0 2 y r a u n a J 1 t A e u a v l r i a f r o t s o C ) d e u n i t n o c ( i t n e m p u q e d n a t n a l p , y t r e p o r P 3 1 s t n e m e t a t S i l a i c n a n F d e t a d i l o s n o C e h t o t s e t o N 9 1 0 2 r e b m e c e D 1 3 ) d e u n i t n o c ( d e t i i m L n o i t a r o p r o C e c n e u F l Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 14 Intangible assets Consolidated entity Year ended 31 December 2018 Opening net book amount Additions Impairment loss (i) Amortisation charge Currency translation differences Closing net book amount Year ended 31 December 2019 Opening net book amount Additions 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) - - - - - - - - 2,208 - - (138) (158) 1,912 1,912 - (193) 157 1,876 1,666 2,017 - - 8 3,691 3,691 295 - 136 4,122 60,167 2,017 (56,293) (138) (150) 5,603 5,603 295 (193) 293 5,998 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 conducted an overall review of their Value in Use model at 30 June 2018 and 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 was 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 82 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 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 Non-current Government grants (ii) Lease liability (iii) Other liabilities Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes 8 12,357 2,594 22,116 - 1,384 1,201 4,174 43,826 3,178 6,329 305 9,812 10,558 2,919 29,040 300 1,852 1,319 2,857 48,845 2,982 6,026 293 9,301 (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. It has been fully paid as of 31 December 2019. (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, 2019 and 2018, the Group recognised a liability to the OCS in the amount of $4,359,000 and $4,628,000 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%. 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 2019 and 2018, the Group recognised a liability to the MNI in the amount of $203,000 and $206,000 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%. Fluence Corporation Limited 83 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 15 Trade and other payables and other liabilities (continued) (iii) AASB 16 lease liability In 2018, the Group implemented AASB 16. The liability of $7,530,000 arising from the implementation of this new standard represents the Group obligation to make lease payments as of 31 December 2019 (31 December 2018: $7,345,000). 16 Borrowings a Borrowings Current borrowings Non-current borrowings Consolidated entity 31 December 31 December 2019 $'000 2018 $'000 877 2,030 2,907 368 - 368 In March 2019, the Company drew down a $2 million from its $50 million non-recourse debt facility with Generate Capital which was put in place to fund its Build, Own, Operate and Transfer ('BOOT') projects. 17 Provisions Current Employee benefits Provision - onerous contracts Warranty provision Other provisions Non-current Employee benefits Consolidated entity Current At 1 January 2019 Additions Reversal Utilised Currency translation differences Total Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 1,316 334 1,540 3,074 6,264 632 632 1,469 - 1,299 1,324 4,092 838 838 Employee benefits $'000 Warranty $'000 Onerous contracts $'000 Other $'000 Total $'000 1,469 55 - (214) 6 1,316 1,299 667 - (426) - 1,540 - 334 - - - 334 1,324 2,109 (368) - 9 3,074 4,092 3,165 (368) (640) 15 6,264 Fluence Corporation Limited 84 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 17 Provisions (continued) Consolidated entity Non-current At 1 January 2019 Additions Reversal Utilised Currency translation differences 18 Deferred revenue Deferred revenue Employee benefits $'000 Warranty $'000 Onerous contracts $'000 Other $'000 Total $'000 838 98 - (309) 5 632 - - - - - - - - - - - - - - - - - - 838 98 - (309) 5 632 Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 21,596 25,898 Deferred revenue represents remaining pre-payments made primarily by PDVSA upon entering into a multi-year contract with the Group in 2015. For more information regarding the PDVSA project refer to note 1(aa)(vii). 19 Contributed equity Ordinary shares Options Share capital 31 December 2019 No. 31 December 2018 No. 31 December 2019 $'000 31 December 2018 $'000 624,854,034 39,597,824 664,451,858 537,375,296 46,436,671 583,811,967 204,056 7,784 211,840 179,047 6,079 185,126 (a) Ordinary Shares - Fully Paid Number of shares $'000 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) 411,279,194 3,988,973 20,100,000 89,455,295 9,051,835 3,499,999 537,375,296 - 537,375,296 152,810 - - 23,987 2,428 799 180,024 (977) 179,047 Fluence Corporation Limited 85 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 19 Contributed equity (continued) Opening balance 1 January 2019 Private placement at AU$0.44 per share Shares issued pursuant to a Share Purchase plan announced on 28 October 2019 at AU$0.44 per share Exercise of options Transaction costs arising on share issue Balance 31 December 2019 (i) Number of shares 537,375,296 81,818,181 $'000 179,047 24,455 5,381,453 279,104 624,854,034 - 624,854,034 1,617 65 205,184 (1,128) 204,056 (i) Transaction costs relating to share issues Under AASB 132, incremental costs that are directly attributable to issuing new shares should be deducted from equity. The share issue expense relates to costs directly attributable to the issuing of new shares, costs associated with the listing have been deducted from equity. Ordinary shares Ordinary shares entitle the holder to participate in dividends and the proceeds on winding up of the Group in proportion to the number of shares held. At shareholder meetings, each ordinary share is entitled to one vote when a poll is called; otherwise each shareholder has one vote on a show of hands. (b) Options 2018 w Opening balance Unlisted options issued to employees Unlisted options issued to consultants Unlisted options issued to directors Reversal of unlisted options issued to employees Reversal of unlisted options issued to consultants Exercised options Cancelled options Balance at 31 December 2018 2019 w Opening balance Unlisted options issued to employees Unlisted options issued to directors Exercised options Cancelled, lapsed and forfeited options Balance at 31 December 2019 Number of options 52,778,282 2,243,000 100,000 1,500,000 (992,000) (2,040,001) (3,499,999) (3,652,611) 46,436,671 Number of options 46,436,671 1,970,000 3,860,000 (484,518) (12,184,329) 39,597,824 (c) Summary of all unlisted options in existence Date options granted Expiry date Issue price of shares (AU$) Number under option 29 February 2016 29 February 2016 11 April 2016 17 May 2016 17 May 2016 18 May 2016 18 May 2016 28 February 2020 28 February 2020 13 April 2020 16 May 2020 28 May 2020 18 May 2020 18 May 2021 $0.30 $0.40 $0.35 $0.59 $0.59 $0.40 $0.40 100,000 100,000 500,000 400,000 100,000 1,000,000 1,000,000 Fluence Corporation Limited 86 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 19 Contributed equity (continued) (iii) Summary of all unlisted options in existence (continued) Date options granted Expiry date Issue price of shares (AU$) 15 June 2016 25 July 2016 25 August 2016 23 September 2016 23 September 2016 27 October 2016 1 November 2016 9 February 2017 9 February 2017 28 March 2017 5 May 2017 31 May 2017 1 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 September 2017 10 January 2018 26 March 2018 28 June 2018 31 July 2018 31 July 2018 31 January 2019 10 April 2019 10 April 2019 16 April 2019 30 May 2019 30 May 2019 30 May 2019 31 May 2020 25 July 2020 25 August 2020 25 September 2020 9 November 2020 26 October 2020 31 October 2020 10 January 2021 9 February 2021 4 March 2021 3 May 2021 25 May 2025 6 July 2021 13 July 2021 13 July 2021 13 July 2021 25 May 2025 10 September 2021 13 November 2021 11 March 2022 25 May 2022 27 August 2022 31 July 2022 31 July 2022 30 September 2021 3 June 2022 3 December 2022 15 June 2023 13 June 2023 13 June 2023 14 July 2025 $0.93 $0.79 $0.87 $1.00 $1.00 $1.07 $0.74 $0.84 $1.00 $0.82 $0.86 $0.93 $0.97 $1.20 $1.50 $0.84 $0.84 $0.81 $0.86 $0.58 $0.48 $0.46 $1.20 $1.50 $0.39 $0.46 $0.46 $0.53 $0.60 $0.80 $0.39 20 Non-controlling interests 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 2018 $'000 154 105 955 1,214 Number under option 1,000,000 250,000 225,000 200,000 200,000 150,000 500,000 25,000 350,000 1,000,000 150,000 10,391,855 100,000 3,850,000 3,850,000 1,500,000 350,000 2,632,000 1,140,000 80,000 1,334,375 496,094 750,000 750,000 1,043,000 120,250 69,000 31,250 250,000 250,000 3,360,000 39,597,824 Fluence Corporation Limited 87 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 20 Non-controlling interests (continued) a Opening Balance at 1 January 2019 Contributed equity Profit for the year attributable to non-controlling interests Closing Balance at 31 December 2019 Consolidated entity 31 December 2019 $'000 1,214 - (151) 1,063 The group has four subsidiaries with non-controlling interests, none of which are material to the group. (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. 21 Foreign currency translation reserve Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 Notes Foreign currency translation reserve (14,870) (15,752) 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. 22 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. Fluence Corporation Limited 88 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (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: Consolidated entity 31 December 2019 Assets Liabilities ILS $'000 1,939 (1,326) 613 EUR $'000 3,217 (7,303) (4,086) AUD $'000 1,897 - 1,897 ARS $'000 1,518 (680) 838 RMB $'000 9,837 (5,714) 4,123 BRL $'000 4,173 (2,933) 1,240 MXN $'000 AED $'000 415 (99) 316 112 - 112 EGP $'000 6,515 - 6,515 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 the above currencies change, on an absolute value basis, between 31 December 2019 and 31 December 2018. w Israeli New Shekel (ISL) Euro (EUR) Australian Dollar (AUD) Argentina Peso (ARS) Renminbi (RMB) Brazilian Real (BRL) Mexican Peso (MXN) United Arab Emirates Dirham (AED) Egyptian Pound (EGP) 2019 +10%/-10% $'000 61/(61) (409)/409 190/(190) 84/(84) 412/(412) 124/(124) 32/(32) 11/(11) 652/(652) 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. Fluence Corporation Limited 89 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (a) Market risk (continued) (ii) Interest rate risk (continued) Instruments with cash flow risk Cash and cash equivalents Consolidated entity 31 December 2019 $'000 31 December 2018 $'000 21,908 38,741 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 2017, December 2018 and December 2019. The average change of rate was 0.125%. w Cash and cash equivalents (b) Credit risk 2019 +1%/-1% $'000 219/(219) 2018 +1%/-1% $'000 396/(396) 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 2019 Trade receivables Other receivables Less than 6 months $'000 Greater than 6 months $'000 Total contractual cash flows $'000 18,249 105 18,354 1,813 - 1,813 20,062 105 20,167 Fluence Corporation Limited 90 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (b) Credit risk (continued) Contractual maturities of financial assets At 31 December 2018 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 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. 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 instrument is a purchased or originated credit-impaired financial asset. since initial recognition, or if the financial 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 has 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. Fluence Corporation Limited 91 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) 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; 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 reorganisation; or the disappearance of an active market for that financial asset because of financial difficulties. Fluence Corporation Limited 92 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) 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. Contractual maturities of financial liabilities At 31 December 2019 Trade and other payables and other liabilities Borrowings Lease liabilities At 31 December 2018 Trade and other payables and other liabilities Borrowings Lease liabilities Greater than 6 months $'000 Total contractual cash flows $'000 Less than 6 months $'000 41,199 756 599 42,554 40,237 108 659 41,004 4,909 2,151 6,931 13,991 10,564 260 6,686 17,510 46,108 2,907 7,530 56,545 50,801 368 7,345 58,514 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. Fluence Corporation Limited 93 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 22 Financial risk management (continued) (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 Under the terms of the debt facility with Generate Capital, the Company is required to comply with a minimum debt service ratio. The debt service ratio is determined on a consolidated basis. The Company has complied with these covenants throughout the reporting period. 23 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). 2019 Recurring fair value measurements Financial liabilities Government grant liability a 2018 Recurring fair value measurements Financial liabilities Government grant liability a Level 1 $'000 Level 2 $'000 Level 3 $'000 Total $'000 - - - - Level 1 $'000 Level 2 $'000 4,562 4,562 Level 3 $'000 4,562 4,562 Total $'000 - - - - 4,834 4,834 4,834 4,834 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. Fluence Corporation Limited 94 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 23 Recognised fair value measurements (continued) 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% (2018: 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 2018 Payment Adjustment to fair value of liability Currency translation differences Closing Balance at 31 December 2018 Adjustment to fair value of liability Currency translation differences Closing Balance at 31 December 2019 24 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 a Other services BDO - Non-assurance services (i) Government grant $'000111 2,402 23 2,448 (39) 4,834 (292) 20 4,562 Consolidated entity 2019 $ 222,000 248,360 - 470,360 44,000 44,000 2018 $ 232,000 246,857 23,000 501,857 32,410 32,410 (i) BDO non-assurance relate to the provision of services in connection with tax related services. 25 Commitments and Contingent Liabilities (a) Commitments (i) As at 31 December 2019 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 $1,519 thousand (2018: $2,864 thousand). (ii) The Group has a government grant liability of $4,562 thousands for more details refer to Note 15 - Trade and other payables and other liabilities. Fluence Corporation Limited 95 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 25 Commitments and Contingent Liabilities (continued) (b) Contingent liabilities The Group was party to several claims during the year. With respect to claims brought against the Company, Fluence will vigorously defend itself and is confident they will be successfully defended. There is significant uncertainty as to whether a future liability will arise in respect of these claims. The amount of liability, if any, that may arise cannot be measured reliably at this time. The Directors are of the opinion that all known liabilities have been brought to account and that adequate provision has been made for any anticipated losses 26 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 28. Key management personnel Disclosures relating to key management personnel are set out in note 4 and the remuneration report in the directors' report. Loans to/from related parties Fluence Israel Limited has a balance payable to its non-controlling interests, Libra Ingenieros Civiles SA de CV and RJ Ingenieria of $53,000 and $120,000, on which the interest payable was accrued at $21,000 and $57,000 for the year 2019. 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 2019 and 2018. Other transactions with related parties 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 $118,000 for the year 2019. The balance future commitment is approximately $122,000 for the year 2020. 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 2018 for 12 months, requires Fluence USA to pay a monthly base rent. Rent paid on this lease was approximately $18,000 for the year 2019. The lease expired in October 2019 with no further intention to renew. Fluence USA Inc. purchases goods from Waste Water Depot, LLC, a limited liability company in which an employee of Fluence USA was the member. The employee relationship ended in 2019. There is some residual business activity with Waste Water Depot, LLC, primarily for spare parts. Activity is expected to decline over time. Fluence Corporation Limited 96 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 27 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 2019 $'000 AUD 31 December 2018 $'000 AUD - 3,978 72,865 468 492 253,916 13,788 (195,331) 72,373 (38,652) (38,652) - 15,633 73,260 896 918 215,611 13,410 (156,679) 72,342 (104,926) (104,926) 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 2019 Fluence Corporation Limited had no contractual commitment and contingent liabilities. 28 Subsidiaries Name Parent Entity Fluence Corporation Limited Subsidiaries of Fluence Corporation Limited Fluence Water Products and Innovation Limited Emefcy Hong Kong Limited Subsidiaries of Emefcy Hong Kong Limited Fluence Water Technologies (Jiangsu) Limited Fluence China Limited (Liaoning) Subsidiaries of Fluence Corporation Limited Fluence Corporation LLC Subsidiaries of Fluence Corporation LLC Aeromix Systems, Inc. Place of incorporation Ownership interest 2019 Ownership interest 2018 Australia Israel Hong Kong China China USA USA N/A 100% 100% 100% 100% 100% 100% N/A 100% 100% 100% N/A 100% 100% Fluence Corporation Limited 97 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 28 Subsidiaries (continued) Name Fluence Middle East FZE Nirosoft Trading (1987) Limited Fluence Water Israel Limited Subsidiaries of Fluence Water Israel Limited VIC Water Systems S.R.L Nirosoft Industries Limited - Sucursal Colombia Nirosoft Cyprus Limited Central America SA de CV Constructora Kenton SA de CV Subsidiaries of Fluence Corporation LLC Fluence Investments Limited Subsidiaries of Fluence Investments Limited RWL Desal Holding S de RL de CV Desaladora Kenton Subsidiaries of Fluence Corporation LLC Fluence Argentina SA Subsidiaries of Fluence Argentina SA Fluence Brazil Industria e Comercio de Sistemas de Tratamento de Agua Ltda. Subsidiaries of Fluence Corporation LLC Fluence Italia S.R.L Subsidiaries of Fluence Italia S.R.L Fluence France SAS Subsidiaries of Fluence Corporation LLC Fluence Investments LLC Subsidiaries of Fluence Investments LLC International Company for Water Services and Infrastructure S.A.E. Subsidiaries of Fluence Corporation LLC Fluence Boot Finance LLC Subsidiaries of Fluence Boot Finance LLC Fluence Generate GCM SA de CV GCM Peru Ltda FLC Water Bahamas Limited Place of incorporation Ownership interest 2019 Ownership interest 2018 UAE Israel Israel Italy Colombia Cyprus Mexico Mexico 100% 100% 100% 100% 100% 100% 100% 51% United Kingdom 100% Mexico Mexico Argentina Brazil Italy France USA Egypt USA Mexico Peru Bahamas 100% 51% 100% 70% 100% 100% 100% 75% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 51% 100% 100% 51% 100% 70% 100% 100% 100% 75% 100% N/A N/A N/A 29 Events occurring after the reporting period On 7 January 2020 the Company announced that financial close on the €165 million (US$182 million) Ivory Coast water treatment plant has been achieved with the execution of the financing agreement by the Ministry of Finance of Ivory Coast (the "Customer") and the Israeli Discount Bank ("IDB"). Export Agency of Israel, ASHRA will provide a credit risk. On 2 March 2020 the Company announced that it has secured a SUBRE membrane aerated biofilm reactor (MABR) sale in the Kingdom of Cambodia through its local partner, Xwater Technology Co., Ltd. This order has a value of more than US$7 million, consists of 66 SUBRE towers, and is expected to be delivered by June 2020. Fluence Corporation Limited 98 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2019 (continued) 29 Events occurring after the reporting period (continued) Subsequent to reporting date, on 31 January 2020, the World Health Organisation (WHO) announced a global health emergency because of a new strain of coronavirus (COVID-19 outbreak) and the risks to the international community as the virus spreads globally beyond its point of origin. Because of the rapid increase in exposure globally, on 11 March 2020, the WHO classified the COVID-19 outbreak as a pandemic. These events are having a significant negative impact on world stock markets, currencies and general business activities. Fluence Corporation Limited 99 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 2019, 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) (ii) Giving a true and fair view of the Group’s financial position as at 31 December 2019 and of its financial performance for the year ended on that date; and 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 (including Independence Standards) (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. Material uncertainty related to going concern We draw attention to Note 1 in the financial report which describes the events and/or conditions which give rise to the existence of a material uncertainty that may cast significant doubt about the group’s ability to continue as a going concern and therefore the group may be unable to realise its assets and discharge its liabilities in the normal course of business. Our opinion is not modified in respect of this matter. 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. 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. Revenue – contract revenue and services revenue How the matter was addressed in our audit The Group is a project driven business, which enters into contracts in different geographies. Contract revenues are recognised over time or at point in time, as performance obligations are fulfilled. Contract revenue is recorded by Management after assessing all factors relevant to each contract including: (cid:120) For revenue recognised over time, after determination of stage of completion and measurement of progress towards satisfaction of performance obligations; including estimation of total contract revenue and costs (cid:120) For revenue recognised at a point in time, when the performance obligation is satisfied (cid:120) Determination of transaction price (cid:120) Estimation of project completion date. In the case of those contracts recognised over time, judgement is required in order to determine the appropriate percentage of completion based on accurate costs incurred within the reporting period and the revenue recognised in accordance with the margins inherent in the contract. The Group recognises within contract assets and contract receivables the value to customers of goods and services progressively transferred, the value of work completed as well as amounts invoiced to customers. The recognition of these amounts is based on Management’s assessment of the expected amounts receivable from the customer. This has been determined as a key audit matter due to the: (cid:120) Degree of estimation required over the course of a contract (cid:120) Unique nature of individual contract terms (cid:120) leading to complex and judgemental revenue recognition Judgement involved to assess the probability of recovery of contract assets and receivables. The accounting policy for revenue as described in Note 1(f), ‘Revenue recognition’, and details of the key accounting estimates and assumptions associated with revenue are disclosed in Note 1(aa)(vi). Our audit procedures included, but were not limited to: (cid:120) Evaluating Management’s processes and controls in respect of the recognition of revenue (cid:120) Selecting a sample of contracts for testing based on a number of quantitative and qualitative factors which may indicate that a greater level of judgement is required in recognising revenue, including: - History of issues identified - High potential impact and high likelihood of risk events - Material new contracts - High value contracts. (cid:120) For the samples selected the following procedures were performed, as appropriate: - Obtaining an understanding of the contract terms and conditions to evaluate whether they reflected Management’s position including estimate of forecast revenue and costs Testing a sample of costs incurred to date and agreeing these to supporting documentation Assessing the measurement of stage of completion for contracts which satisfy the requirement to record revenue over time Assessing the forecast costs to complete through discussion and challenging the project managers and finance personnel Evaluating contract performance in the period post year end to the date of the audit opinion to confirm Management’s year end revenue recognition judgements Evaluating the probability of recovery of outstanding amounts by reference to the status of contract negotiations, historical recoveries and supporting documentation. - - - - - (cid:120) Assessing the appropriateness of the relevant disclosures in the financial statements. How the matter was addressed in our audit Our audit procedures included, but were not limited to: (cid:120) Testing the determination of the revenue recognition in accordance with IFRIC 12 and the margins and timeline in line with the terms of the concession arrangement both by our group audit team and by our component auditors (cid:120) Vouching a sample of costs incurred to supporting documentation (cid:120) Assessment of related loan agreements and the accounting for the finance component of the concession arrangements (cid:120) Evaluating the impairment assessment of all material concession assets recognised at reporting date (cid:120) Review of the adequacy of disclosure surrounding these concession arrangements within the financial statements. Accounting for B.O.T. (‘Build, Operate, Transfer’) contracts The Group has entered into several B.O.T. contracts across different geographical locations, which have resulted in material assets, revenues and costs in the financial statements. Accounting for B.O.T. contracts is a key audit matter as there a degree of judgement in applying IFRIC 12, Service Concession Arrangements, in terms of the recognition of concession assets depending on whether the arrangement provides the Group with a right to receive payment or a right to charge the public for use of the asset. A right to charge the public for use of the asset is categorised as an intangible and amortised over the contract term. Further complexity arises in the determination of the individual performance obligations within the B.O.T. contract. Additionally, as the performance obligation is performed, revenue recognition is satisfied over time in accordance with the margins and time-line inherent in the contract. The Group has entered into new debt agreements in order to finance these arrangements, which gives rise to a financing component within the revenue recognition. Further, there is an element of judgement required by management in order to conduct an annual impairment assessment. The assessment needs to be take into account varying economic and political conditions inherent in the differing locations where B.O.T. arrangements exist. The accounting policy for revenue is described in Note 1(f) and details of the key accounting estimates and assumptions associated with revenue are disclosed in Note 1(aa)(vi). Consolidation and financial reporting How the matter was addressed in our audit The Group comprises multiple interdependent subsidiaries operating across various geographical regions. This has been determined as a key audit matter due to: Our audit procedures included, but were not limited to: (cid:120) Evaluating Management’s processes and controls in respect of the consolidated financial reporting (cid:120) Reviewing the consolidation and performing detailed testing on the inputs, adjustments and eliminations recorded (cid:120) Assessing Management’s determination of the functional currency of Fluence Argentina as the United States dollar in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates (cid:120) Engaging our component auditors in Argentina to audit the change in functional currency from ARS to $USD (cid:120) Reviewing the judgements and assumptions made by Management to apply the requirements of AASB 121 (cid:120) Assessing the relevance and adequacy of disclosures within the financial statements. (cid:120) Fluence’s global operations necessitate (cid:120) significant intergroup transactions. This is considered a heightened risk due to the complexity associated with accounting and consolidating such transactions, in particular those recognised in foreign currencies other than the United States dollar, which is the currency that Fluence Corporation Limited (‘Fluence’) prepares its financial report In 2019 the Group’s subsidiary in Argentina, Fluence Argentina S.A., changed its functional currency from the Argentinian Peso (ARS) to the United States dollar ($USD). AASB121 The Effects of Changes in Foreign Exchange Rates requires the Group to prospectively apply the change from 1 January 2019. This is considered a heightened risk due to the size and materiality of the Argentinian entity to the Group The accounting policy for consolidation as described in Note 1(d), ‘Principles of consolidation’, and details on the controlled entities as disclosed in Note 28 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 contained in the Group’s Annual report for the year ended 31 December 2019, but does not include the financial report and our auditor’s report thereon, which we obtained prior to the date of this auditor’s report, and the Shareholder Information, which is expected to be made available to us after that date. 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 identified above 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 on the other information that we obtained prior to the date of this auditor’s report, 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. When we read the Shareholder Information, if we conclude that there is a material misstatement therein, we are required to communicate the matter to the directors and will request that it is corrected. If it is not corrected, we will seek to have the matter appropriately brought to the attention of users for whom our report is prepared. 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 16 to 41 of the directors’ report for the year ended 31 December 2019. In our opinion, the Remuneration Report of Fluence Corporation Limited, for the year ended 31 December 2019, 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, 30 March 2020 Fluence Corporation Limited Enviornmental and Sustainability information 31 December 2019 Environmental and Sustainability Impact to the Fluence and its businesses are focused on key environmental and sustainability pillars in alignment Sustainable Development Goals of the United Nations. The installed base of Fluence’s innovative solutions such as AspiralTM, SUBRE and NIROBOXTM, save 19 GWh [giga watt per hour] (equivalent to 13,500 tons of CO2) annually compared to conventional technologies. In addition, Fluence’s waste-to-energy installations around the world produce biogas from biomass and generate 121 GWh, which is equivalent to saving more than 85,700 tons of CO2 emission annually compared to fossil-fuelled power generation. Pollution through the generation of excess nitrogen and phosphorus is one of the world’s most widespread and costly environmental challenges. Fluence’s installed base of MABR systems remove over 500 tons of such nutrients annually and through our reuse solutions, we recycle more than 8.6 billion litres of water annually. Fluence and United Nations Sustainable Development Goals Fluence Corporation Limited 107 Fluence Corporation Limited Enviornmental and Sustainability information 31 December 2019 (continued) Sustainability Impact from Fluence’s Installations Fluence Corporation Limited 108 Fluence Corporation Limited Shareholder information 31 December 2019 Additional information for the 2019 Annual Report The shareholder information set out below was applicable as at 23 March 2020. A. Distribution of equity securities Analysis of numbers of ordinary shareholders by size of holding: Holding Range Holders Total Units % a 1-1,000 1,000-5,000 5,001-10,000 10,001-100,000 100,001-999,999,999 Totals 562 1,294 696 1,664 345 4,561 161,354 3,569,226 5,611,326 56,823,319 558,688,809 624,854,034 0.03 0.57 0.90 9.09 89.41 100.00 Based on the Fluence closing share price on March 23, 2020 of A$0.265, there were 923 holders of less than a marketable parcel of ordinary shares, holding 652,940 shares in aggregate. All issued ordinary shares carry one vote per share. B. Equity security holders Twenty largest equity security holders The twenty largest registered holders of Ordinary Fully Paid Ordinary Shareholders are as follows: Name RSL Investments Corporation HSBC Custody Nominees (Australia) Limited-GSCO ECA Pond Ventures Nominees 111 Limited RSL Capital LLC Citicorp Nominees Pty Limited CS Third Nominees Pty Limited HSBC Custody Nominees (Australia) Limited Employee Equity Administration Pty Ltd Plan B Ventures I LLC ESOP Management & Trust Services Ltd Jagen Pty Ltd JP Morgan Nominees Australia Pty Limited BNP Paribas Nominees Pty Ltd Mr Hao Jing Plan B Ventures II LLC Dr Stuart Lloyd Phillips & Mrs Fiona Jane Phillips John W King Nominees Pty Ltd Dr Stuart Lloyd Phillips & Mrs Fiona Jane Phillips HSBC Custody Nominees (Australia) Limited - A/C 2 Pyxis Holdings Pty Ltd Total Securities of Top 20 Holdings Total Securities of remaining shareholders Total of Securities Balance 23 March 2020 Percentage 131,037,848 57,303,365 36,264,579 31,046,683 28,784,500 28,374,567 16,573,563 14,166,593 12,104,532 11,739,928 11,644,393 11,234,886 9,889,599 9,100,000 7,902,619 5,692,500 5,563,909 4,323,041 4,321,800 3,813,200 440,882,105 183,971,929 624,854,031 21.0% 9.2% 5.8% 5.0% 4.6% 4.5% 2.7% 2.3% 1.9% 1.9% 1.9% 1.8% 1.6% 1.5% 1.3% 0.9% 0.9% 0.7% 0.7% 0.6% 70.6% 29.4% 100.0% (cid:20)(cid:19)(cid:28) Fluence Corporation Limited Shareholder information 31 December 2019 (continued) B. Equity security holders (continued) Options The options (not listed) are as follows: Class Director Options Company ESOP Total of Securities Total Options Granted No. of Holders 25,552,938 14,546,519 40,099,457 9* 237 241 Exercise Price Range AU$ Earliest Expiry Date Latest Expiry Date $0.35-$1.50 $0.30-$1.50 13 April 2020 3 May 2020 14 July 2025 25 May 2025 * Includes vested options for former Directors Share options do not carry the right to vote. C. Substantial holders Based on the latest notices received, the Company’s Substantial Holders are as follows: Holder RSL Investments Corporation and RSL Capital LLC Watermark Services, LLC as the Investment Manager of each of 2020 Foundation, Inc and Spark Investments, LLLC Pond Ventures Nominees 111 Limited and Richard Irving Total Shares 165,408,542 52,846,024 37,264,579 255,519,034 % 26.5% 8.5% 6.0% 40.9% (cid:20)(cid:20)(cid:19) Fluence Corporation Limited Shareholder information 31 December 2019 (continued) 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 Group's Annual Report unless they notify the Share the Annual Report can be viewed on the Group's website: Registry in writing. An electronic copy of 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 Company’s registered office is Level 3, 62 Lygon Street, Carlton Victoria 3053, Australia. The Company’s phone number is + 61 3 9824 5254 Stock exchange listing Quotation has been granted for all the ordinary shares of the Company on all member exchanges of the Australia Securities Exchange Limited. (cid:20)(cid:20)(cid:20) www.fluencecorp.com

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