Fluence Corporation
Annual Report 2020

Plain-text annual report

Fluence Corporation Limited ABN 52 127 734 196 Audited financial report for the year ended 31 December 2020 Fluence Corporation Limited ABN 52 127 734 196 Annual Report - 31 December 2020 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 to the Consolidated Financial Statements Directors' Declaration Independent Auditor's Report Shareholder Information Page 1 2 41 42 44 45 46 47 97 9898 102 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 Chairman and Chief Executive Officer (appointed as CEO on 13 November 2020) Mr Paul Donnelly Lead Independent Director (appointed on 16 November 2020), Non-Executive Director Mr Ross Haghighat Non-Executive Director Dr Rengarajan Ramesh Non-Executive Director Ms Melanie Leydin (appointed on 1 January 2021) Level 4, 96-100 Albert Road South Melbourne VIC 3205 Australia Phone: +61 (0)3 9692 7222 Fax: +61 (0)3 9692 7222 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 Audit Pty Ltd 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 2020 The Directors present their report, together with the financial statements for the year ended 31 December 2020 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, Chairman and Chief Executive Officer (appointed as CEO on 13 November 2020) Mr Henry Charrabé, Managing Director and CEO (retired on 13 November 2020) and Non-Executive Director (retired on 1 December 2020) Mr Paul Donnelly, Lead Independent Director (appointed on 16 November 2020), Non-Executive Director Mr Ross Haghighat, Non-Executive Director Dr Rengarajan Ramesh, Non-Executive Director Mr Peter Marks, Non-Executive Director (retired on 31 March 2020) Mr Arnon Goldfarb, Non-Executive Director (retired on 7 January 2021) Review of operations In the final quarter of the 2020 year Fluence made some important strategic decisions, transitioning the CEO role and setting the business focus towards selling MABR wastewater treatment solutions in China and Southeast Asia and NIROBOX desalination solutions in the Middle East and Southeast Asia. This strategic change is focused on profitable growth in four key product and market segments: • MABR wastewater solutions in China and Southeast Asia; • NIROBOX desalination solutions in the Middle East and South East Asia; • Sales through partners in the US and Caribbean including recurring revenue projects through sales of water instead of equipment; and • The Ivory Coast water treatment project The activities in other geographies continue to secure profitable orders and explore partnerships to grow sales and share business costs. Post completion of the Ivory Coast project in two years, Fluence is positioning to be a Smart Product Solutions (“SPS”) based business with targeted gross margins in the range of 35%, operating expenses to revenue of approximately 20% and EBITDA margins in the 15% range. The Ivory Coast project provides a valuable reference for complex water treatment and is an important source of profit and cash flow over the next two years. However, its lower margin will impact the overall reported gross margin until 2023, so we do not anticipate achieving these targets until at least 2023. We expect that some SPS deployments will be on a recurring revenue or Build Own Operate Transfer (“BOOT”) basis, where wastewater treatment or fresh water is sold by volume. BOOT projects and other sources of recurring revenue, such as operations and maintenance contracts, remain very appealing on the right terms. Operating expenses are expected to fall further when selling SPS as these are standardized products, reducing engineering costs and therefore significantly lowering the cost of sales as a percentage of revenue. Fluence Corporation Limited 2 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Review of operations (continued) FY 2020 in Summary During FY 2020 Fluence achieved a number of important milestones, including underlying positive EBITDA. The Company began to execute on the Ivory Coast water treatment project (IC), achieved strong sales of the Smart Product Solutions (SPS) into China and Southeast Asia, with Recurring Revenues (RR) also contributing, albeit slightly below expectations. Finally, FY 2020 finished with a sharpening of the strategic focus for the group and a change of leadership. Fluence is strongly positioned for growth for the coming year, underpinned by SPS sales and the expectation of continuing to be positive EBITDA for the year. Further details follow: • Underlying EBITDA positive $2.3 million in FY 2020 versus an EBITDA loss of $23.6 million in FY 2019. • Revenue of $97.4 million in FY 2020, up 62% from $60.2 million in FY 2019. • Operating expenses in FY 2020 were down 28% to US$28.6 million or from 66% of revenues to 29% of revenues. The improvement was due to a focus on spending less in non-core areas. • Smart Product Solutions revenue of $32.3 million, up 22% on FY 2019, including MABR sales growth of 38% to US$19.0 million, despite COVID-19 headwinds significantly impacting the timing of sales. • Recurring revenue of $8.1 million, up 16% on FY 2019, slightly below guidance of $9 million mainly due to delays in the Peru project. • Ivory Coast project: during FY 2020, financial close was achieved and conditions precedent met. Subsequently there has been receipt of an advance payment and the first two milestone payments totalling €49.4 million (approx. US$60 million), confirming completion of the preliminary engineering design phase of the Ivory Coast water treatment plant. • Ongoing partner engagement in China and Southeast Asia with continued partner development in the Middle East. • Sales of MABR systems in the United States to the Department of Agriculture and working closely with oil and gas customers to provide packaged water and wastewater systems for their needs. • Finance facility of a US$20 million non-dilutive debt facility with Upwell Water secured general working capital to further support growth in MABR and other smart product solutions. • Cash balance of $31.0 million as at 31 December 2020, up from $21.9 million as at 31 December 2019. In addition short term and long-term liquid investments amounted to $38.9M. 31 December 2020 $'000 . Loss for the year Less: Depreciation and amortisation Other losses from continuing operations Other losses from discontinued operations Finance costs - net from continuing operations Finance costs - net from discontinued operations Impairment expense Income tax expense from discontinued operations Add: Income tax benefit from continuing operations EBITDA (19,859) (3,108) (6,133) (69) (1,645) (126) (11,903) (117) 938 2,304 Fluence Corporation Limited 3 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Review of operations (continued) 1 Detailed review of key market segments (i) Smart Products Solutions - MABR and NIROBOX China FY 2020 was particularly challenging, given the impact of COVID-19 and various lockdowns leading to slowing of orders over the year. Despite these headwinds the region generated 30% growth in revenues on the prior year, underpinned by the three volume partnerships in place. In addition, there was careful management of costs with reductions further supporting gross margins. The Company successfully executed projects for both Three Gorges Group for the Great Protection of Yangtze River ("Three Gorges"), and Beijing China Railway Science New Technology Co. Ltd. ("China Rail"). Both Three Gorges and China Rail are state owned enterprises ("SOEs") with national scope. Discussions, including potential volume partnerships, continue with both of these SOEs. Current partnerships and prospective new partners are key to the future growth of Fluence. COVID-19 lockdowns are expected to continue in China, continuing to slow the timing of new orders. However, the Company remains confident that there are substantial opportunities available through the Company’s strategic partners. Southeast Asia Fluence now has 10 plants operating or being deployed in the Philippines, comprising eight (8) MABR plants and two (2) desalination plants, in a wide variety of settings. Excellent operating results from existing plants coupled with strong and significant local relationships are anticipated to lead to new business. Fluence’s MABR plant in Cambodia, the first wastewater treatment plant of any kind in the country, is now under construction. Fluence also has desalination plants operating successfully in Vietnam. Given these successful deployments and strong local relationships, Fluence anticipates continued business growth in these and other Southeast Asian countries, driven both by government enforcement of stricter wastewater treatment standards and steadily worsening water scarcity as local economies develop. Middle East NIROBOX and related desalination products are well established with 115 units sold to date. As in other geographies, Fluence is looking to develop strong partnerships to accelerate sales and several such discussions are underway. The Company has now completed three (3) NIROBOX projects in Egypt and has completed more than half of its scope of work on the New Mansoura project in Egypt. Five (5) other projects in the Middle East are executing well and there are several large opportunities in the pipeline. Fluence Corporation Limited 4 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Review of operations (continued) 1 Detailed review of key market segments (continued) Ivory Coast Financial close was achieved and conditions precedent were met on the €165 million Ivory Coast project. During the year the Ivory Coast Project is designed to treat water from Lagune Aghien to help supply the fresh water needs of the country’s largest city, Abidjan. In the final quarter of 2020 Fluence received payments totalling €49.4 million (approx. US$60 million). This included €31 million in respect of first two milestone payments for the completion of the preliminary engineering design phase with the balance as a contractual advance payment following commencement of construction. Commissioning of the 150,000 m3/day surface water treatment plant is anticipated in early 2023. Fluence’s focus is to deliver the project on time and on budget. San Quintin All current and prospective projects are being reviewed by the group to ensure they continue to generate a satisfactory return on investment. Fluence has decided not to proceed with the San Quintin desalination project as a number of local changes resulted in projected returns below an acceptable risk - return threshold. Fluence and the State Water Commission of Baja California (CEA) continued to actively discuss a mutually acceptable path forward for the San Quintin water treatment project throughout 2020. These discussions are on parallel paths, focusing on the terms of either a sale of the project to a third party or, alternatively, a termination by mutual agreement. Under either scenario it is expected that the Company will not recover all the costs which have been capitalised to date. Accordingly, the Company elected to write down the carrying value of the San Quintin related assets by $11.9 million as at 31 December 2020. The decision to not proceed with the project is expected to be cash flow positive for the Company due to the anticipated repayment to Fluence of approximately $3 million in respect of a security deposit. Fluence Corporation Limited 5 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Review of operations (continued) 1 Detailed review of key market segments (continued) Other markets • In 2020 Fluence won a contract to provide the effluent treatment plant for a meat and processing plant in Gorina, Argentina. The plant will process 5,000m3/day. Once completed, the plant will not only be producing clean water, but also 12,000m3/day of biogas, which will feed a 1.5MW cogeneration unit, helping to produce electricity for the meat processing plant. • In the June quarter 2020, Fluence won a contract to build a SUBRE solution in Kingston, Jamaica. The plant is a Greenfield project that will house three (3) stacks of six (6) SUBRE units each, allowing the plant to process 675m3/day upon completion. • In Africa additional contracts were secured with Aspiral units sold to ARSI University in Ethiopia and Fluence will partner with Sky Links for the Ghana rural water authority, providing 11 pre-engineered and standardised surface water treatment system in various villages in Ghana. • In September Fluence secured a $3.2 million contract, though a joint venture with International Company for Water Services (IWS), with a semi-government utility company to rehabilitate and upgrade a 12,000m3/day seawater reverse osmosis desalination plant in Sharm El Sheikh, Egypt. • An MABR project in South Africa will be a pilot project installed in cooperation with a local partner to treat wastewater from effluent to various levels of usage, ultimately allowing for reuse to potable levels. • Development work on the Peru BOOT project continues to be delayed due to COVID-19. Sustainability Fluence’s innovative solutions contribute to resource conservation, energy savings, making energy from waste and enabling water reuse. Fluence’s MABR and NIROBOX installations around the world collectively save an estimated 25 GWh of energy (17,900 tons of CO2) annually compared to conventional technologies. Treated wastewater from Fluence’s MABR installations collectively removes 1,050 tons of nutrients which would otherwise damage the environment. Fluence’s Waste to Energy solutions treat wastewater and produce energy on-site by converting biomass to biogas which generates 147 GWh in energy savings (103,500 tons of CO2) annually compared to fossil fuels. Fluence water and wastewater solutions meet 10 out of 17 United Nations Sustainable Development Goals. Fluence Corporation Limited 6 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Review of operations (continued) 1 Detailed review of key market segments (continued) Outlook for FY 2021 Fluence 2021 guidance is SPS revenue of US$35 million to US$50 million and underlying EBITDA positive on an annual basis. • As evidenced by FY 2020 sales, other SPS products have seen strong interest in Southeast Asia, the Middle East and elsewhere. Given the outlook on continuing volume partnerships and reflecting COVID-19 uncertainty, Fluence has provided a wide guidance range for 2021 SPS revenues of US$35.0 - 50.0 million, with much of the growth coming from MABR sales. The guidance range will be refined during the year. • Fluence expects continuing new orders from each of its three (3) strategic partners in China. There is, however, uncertainty on timing and whether the contemplated size of each partners’ demand will be revised; however, Fluence anticipates continued MABR sales growth in 2021. • Given the ongoing negotiations regarding San Quintin, and the review of additional projects to ensure they will achieve minimum acceptable investment returns, Fluence is not providing guidance on recurring revenue at this time. This remains, however, an important aspect of the business by virtue of both operations and maintenance contracts and BOOT projects. • Fluence is guiding to Underlying EBITDA positive for 2021 on a full year basis, with the focus on maximising profitable growth of MABR and other SPS products. Significant events after balance date No matter or circumstance has occurred subsequent to year end that has significantly affected, or may significantly affect, the operations of the Group, the results of those operations or the state of affairs of the Group or economic entity in subsequent financial years. Fluence Corporation Limited 7 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Information on directors Richard Irving Chairman and Chief Executive Officer Qualifications BSC (First class honours) in Electrical Engineering, Manchester University, UK MSC Electrical Engineering, Manchester University, UK Experience and expertise Richard Irving was appointed as the Chairman and Chief Executive Officer of Fluence Corporation Limited on 13 November 2020. Mr. Irving has served as Executive Chairman and Non-Executive Chairman of Fluence Corporation Limited and its predecessor (Emefcy Group Limited) since 2010. Based in Silicon Valley, Richard co-founded Pond Venture Partners in 1997 and brings over 30 years of 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 Chairman and Chief Executive Officer Interest in shares Interest in options Member of the Remuneration and Nomination Committee up to 13 November 2020 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; and 950,000 Director options with an exercise price of A$1.50. Contractual rights to shares None Fluence Corporation Limited 8 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Information on directors (continued) Paul Donnelly Lead Independent Director and 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 served as Non-Executive Director for Fluence Corporation Limited and was appointed Lead Independent Director on 16 November 2020. 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 and 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 expertise in capital markets. Over the course of his 30-year career, he has gathered deep transactional experience advising on significant and complex transactions for leading Australian and international companies. Other current public company directorships Former public company directorships in last 3 years None None Special responsibilities Lead Independent Director (from 16 November 2020), Non-Executive Director Chair of the Audit and Risk Committee (from 1 April 2020, previously Member) 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 Fluence Corporation Limited 9 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Information on directors (continued) Ross Haghighat Non-Executive Director Qualifications Experience and expertise BSC and a Masters in Material Science in Organometallic Chemistry, Rutgers University. MBA, Boston College - Carroll School of Management Ross Haghighat serves as a Non-Executive Director for Fluence Corporation Limited. He has over 30 years of experience in the technology sector as founder or co-founder of 6 companies with a combined shareholder value exceeding $4.5B. With over 20 years of 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 has been a Non-Executive Director of Fluence Corporation Limited and its predecessor (Emefcy Group Limited) since 2015. He serves as Chairman of 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 public company directorships Aduro Biotech, Inc, Triton Systems, Inc, FRX Polymers, Inc, Redrock Biometrics, Inc., Angel Medical Systems, Inc. Former public company directorships in last 3 years None Special responsibilities Chair of the Remuneration and Nomination Committee Interest in shares Direct interest in 600,000 shares Interest in options Direct interest in: 700,000 Director options with an exercise price of A$1.20; and 700,000 Director options with an exercise price of A$1.50. Contractual rights to shares None Fluence Corporation Limited 10 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Information on directors (continued) Dr Rengarajan Ramesh Non-Executive Director Qualifications Experience and expertise Bachelor in Chemical Engineering from Annamalai University (India) Masters in Chemical Engineering from University of Akron (USA) Doctorate in Chemical Engineering from University of Akron (USA) Dr Ramesh serves as Non-Executive Director for Fluence Corporation Limited. 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 providing hands on lab training to teachers and students. Other public company current directorships None Former public company directorships in last 3 years Liqtech - (NYSE:LIQT) Special responsibilities Member of the Audit and Risk Committee since 1 April 2020 Member of the Remuneration and Nomination Committee since 11 December 2020 Interest in shares None Interest in options Direct interest in 1,500,000 Director options with an exercise price of A$0.835 Contractual rights to shares None Company Secretary Ross Kennedy served as Company Secretary from December 2015 until his retirement on 31 December 2020. Ross holds the professional qualifications of Fellow Governance Institute of Australia, Fellow Australian Institute of Company Directors and Chartered Accountant. Fluence Corporation Limited 11 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Company Secretary (continued) The current Company Secretary is Melanie Leydin, who was appointed to this position on 1 January 2021. Melanie is a Director and co-founder of Leydin Freyer, a professional company secretarial and accounting firm. Melanie earned a Bachelor of Business degree in Accounting and Corporate Law from Swinburne University (AU). She is also a Fellow of the Governance Institute of Australia. 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 2020, and the number of meetings attended by each Director were: Fluence - for the year ended 31 December 2020 Mr Richard Irving (3) Mr Henry Charrabé (1,4) Mr Ross Haghighat Mr Peter Marks (2) Dr Rengarajan Ramesh Mr Arnon Goldfarb (6) Mr Paul Donnelly (5) Mr Ross Kennedy (Company Secretary and Audit Committee member) Full Board Meetings of committees Remuneration and Nomination Audit A 21 18 21 2 21 21 19 21 B 21 18 21 3 21 21 21 21 A - - - 2 10 - 14 14 B - - - 3 11 - 14 14 A 4 - 5 2 - - - 5 B 4 - 5 2 - - - 5 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 1 = Not a member of a Board Committee 2 = Mr Peter Marks retired as a Director on 31 March 2020 3 = Mr Richard Irving was appointed Chairman and Chief Executive Officer with effect as from 13 November 2020 and stepped down from the Remuneration and Nomination Committee on this date 4 = Mr Henry Charrabé retired as Managing Director and Chief Executive Officer on 13 November 2020 and as a Non-Executive Director on 1 December 2020 5 = Mr Paul Donnelly was appointed Lead Independent Director on 16 November 2020 6 = Mr Arnon Goldfarb retired as a Director on 7 January 2021 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 significant environmental regulation under Australian Commonwealth or State law. Fluence Corporation Limited 12 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (a) Principles used to determine the nature and amount of remuneration The objective of the Group's executive compensation framework is structured to ensure remuneration is competitive so as to attract and retain talent while at the same time appropriate relative to the business results delivered to the Company. The framework aligns executive compensation 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 compensation 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; The Chairman and Chief Executive Officer has added focus on growth in shareholder value, as measured by growth in the share price; Focusing the executives on key financial and 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 recommended corporate governance, the structure of Non-Executive Directors' remuneration is determined separately to the structure of executives' remuneration. 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. In response to the COVID-19 pandemic, Non-Executive Directors deferred the receipt of Directors Fees for the period beginning 1 April 2020 and ending 31 October 2020. These deferred fees were paid in November 2020. With effect from 1 November 2020, it was agreed that Non-Executive Directors base fees would be reduced by 20% relative to the rate that had been in effect since 2017. The Board has determined that there will be no increase in base Non-Executive Director fees from end of year levels for 2021. The previous level of Non-Executive Directors' fees was in line with earlier benchmarking recommendations provided by Mercer Consulting Australia, 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, 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. Fluence Corporation Limited 13 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Directors remuneration (continued) Following the departure of Mr Henry Charrabé as CEO on 13 November 2020, Mr Richard Irving assumed the combined role of Chairman and CEO. Mr Paul Donnelly assumed the role of Lead Independent Director on 16 November 2020. The Non-Executive Chair's fees for 2020 applicable until 13 November 2020 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. Such Committee fees 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). 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 which collectively comprise the executive's total remuneration: Base pay, deferred compensation and allowance; Short-term performance incentives; Share-based payments; and • • • • Other remuneration such as superannuation and long service leave. 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. Such review also takes into account 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") program incorporating Company and individual targets and the continuing long-term incentive (“LTI”) program incorporating equity-based compensation. Fluence Corporation Limited 14 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (a) Principles used to determine the nature and amount of remuneration (continued) Executive remuneration (continued) The STI program for 2020 comprised specific Company-wide targets and tailored individual targets to align 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 comprised equity-based remuneration in the form of unlisted options. An updated employee share option plan was approved by shareholders on 4 June 2020. Options are awarded to executives as long-term incentives aligned to shareholder wealth through the exercise price being calculated at a premium to the 20-day volume weighted average market price prior to the date of grant. Appropriately structured LTI's also provide incentives to retain talent. Certain executive options comprised 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 2020 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 2020 and having regard to the impact of the COVID-19 pandemic, executive STI bonuses for 2020 were generally towards the mid-range of the available bonus quantum. Fifty per cent of performance options have been deemed to have vested with respect to the 2020 year. 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 2021 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 2020 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 the current and previous financial year measured in accordance with the Key Management Personnel requirements of the accounting standards. for Fluence Corporation Limited 15 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Directors and other key management personnel for 2020 consisted of: • Richard Irving - Chairman and Chief Executive Officer (appointed CEO on 13 November 2020) • Henry Charrabe - Managing Director and Chief Executive Officer (retired on 13 November 2020) and Non-Executive Director (retired on 1 December 2020) • Paul Donnelly - Lead Independant Director (appointed on 16 November 2020), Non-Executive Director • Ross Haghighat - Non-Executive Director • Dr Rengarajan Ramesh - Non-Executive Director • Peter Marks - Non-Executive Director (retired on 31 March 2020) • Arnon Goldfarb - Non-Executive Director (retired on 7 January 2021) • Francesco Fragasso - Chief Financial Officer • Anthony Hargrave - Chief Operating Officer • Erik Arfalk - Chief Marketing Officer • Spencer Smith - Chief Legal Officer Directors and other key management personnel for 2019 consisted of: • Richard Irving - Non-Executive Chairman • Henry Charrabe - Managing Director and Chief Executive Officer • Peter Marks - Non-Executive Director • Ross Haghighat - Non-Executive Director • Dr 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 16 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Base salary $ Deferred compensation $ Cash salary and fees Total salary and fees $ Bonus $ Allowance* $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 244,115 638,750 882,865 22,106 97,311 26,371 36,275 84,912 266,975 244,115 562,500 562,500 1,201,250 1,445,365 150,000 150,000 408,468 408,468 - - - - - - 22,106 97,311 26,371 36,275 84,912 266,975 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 65,707 309,822 602,084 2,361,802 667,791 2,671,624 48,415 70,521 48,415 145,726 83,417 109,788 24,530 24,698 229,475 60,805 109,610 496,450 - - - - - - - - 2020 Executive directors: Richard Irving (a) Henry Charrabé (a) Total Non-executive directors: Peter Marks (b) Ross Haghighat Rengarajan Ramesh (c) Arnon Goldfarb (b), (c) Paul Donnelly Total Fluence Corporation Limited 17 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Base salary $ Deferred compensation $ Cash salary and fees Total salary and fees $ Bonus $ Allowance* $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 281,200 309,000 233,400 319,000 1,142,600 2,292,440 - 281,200 72,229 - - - 35,000 35,000 597,500 309,000 233,400 354,000 1,177,600 2,889,940 57,487 34,575 40,798 205,089 355,089 - - 26,418 26,418 434,886 - - - - - - - - - - - - - - - - - - 37,836 391,265 30,460 27,853 39,901 396,947 295,828 461,117 136,050 1,545,157 1,033,316 4,713,231 2020 Other key management personnel: Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Total Grand total * Mr Charrabé's allowance includes housing allowance and unused vacation allowance paid during 2020. Mr Smith's allowance includes a portion of unused vacation allowance paid during the year 2020. (a) Mr Irving was appointed as CEO on 13 November 2020. Mr Charrabé retired as Managing Director and CEO on 13 November 2020 and as Non-Executive Director on 1 December 2020. (b) Mr Marks retired as Non-Executive Director on 31 March 2020. Mr Goldfarb retired as Non-Executive Director on 7 January 2021. (c) Compensation deferred during 2020 was paid at the beginning of 2021. Fluence Corporation Limited 18 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Base salary $ Deferred compensation $ Cash salary and fees Total salary and fees $ Bonus $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 600,000 600,000 131,236 102,432 95,490 95,608 62,432 69,554 556,752 300,000 300,000 900,000 900,000 - - - - - - - 131,236 102,432 95,490 95,608 62,432 69,554 556,752 - - - - - - - - - 255,232 255,232 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 937,663 2,092,895 937,663 2,092,895 65,990 48,624 197,226 151,056 48,624 144,114 83,777 20,242 14,611 281,868 179,385 82,674 84,165 838,620 2019 Executive directors: Henry Charrabé Total Non-executive directors: Richard Irving Peter Marks Ross Haghighat Rengarajan Ramesh Arnon Goldfarb Paul Donnelly Total Fluence Corporation Limited 19 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Short-term benefits Base salary $ Deferred compensation $ Cash salary and fees Total salary and fees $ Bonus $ Allowance $ Post-employment benefits Superannuation Long service leave Long-term benefits Equity settled shares Share-based payment Equity settled options Total $ $ $ $ $ 271,667 300,000 225,500 274,840 1,072,007 2,228,759 - 271,667 34,078 - - - 35,000 35,000 335,000 300,000 225,500 309,840 1,107,007 2,563,759 25,487 15,575 11,048 86,188 86,188 - - - - 255,232 - - - - - - - - - - - - - - - - - - 33,756 339,501 18,804 21,097 33,968 344,291 262,172 354,856 107,625 1,300,820 1,327,156 4,232,335 2019 Other key management personnel: Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Total Grand total Fluence Corporation Limited 20 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Amounts of remuneration (shown in USD) (continued) Remuneration subject to performance in 2020: Some cash compensation is dependent on meeting defined performance measures. The amount of the cash compensation is determined having regard to the satisfaction of performance measures. The amounts payable are determined at the end of each fiscal year by the Nomination and Remuneration Committee. Name Henry Charrabé Richard Irving Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Name Henry Charrabé Richard Irving Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Maximum potential compensation Maximum potential compensation subject to performance Percentage of compensation subject to performance 1,548,232 400,000 391,600 399,000 288,400 398,750 375,000 - 110,400 90,000 55,000 79,750 24.2% - 28.2% 22.6% 19.1% 20.0% Compensation subject to performance paid/payable 2020 Compensation subject to performance not earned 2020 40.0% - 65.4% 63.9% 62.9% 51.2% 60.0% - 34.6% 36.1% 37.1% 48.8% Fluence Corporation Limited 21 Fluence Corporation Limited Directors' Report 31 December 2020 (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. 2020 Executive Directors Richard Irving Henry Charrabé Non-Executive Directors 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 - 37,264,579 2,754,403 500,000 - - 500,000 3,754,403 - - - - - 41,018,982 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total - - - 37,264,579 - 37,264,579 (2,554,403) 100,000 - - - (2,454,403) - - - - - (2,454,403) 200,000 600,000 - - 500,000 1,300,000 - - - - - 38,564,579 * Peter Marks sold 2,554,403 shares between 2 June 2020 and 24 November 2020 after he retired as a Director. * Ross Haghighat acquired 100,000 Fluence shares on 20 August 2020. Fluence Corporation Limited 22 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of shares (continued) 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 23 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of options The number of options over ordinary shares in the Group held during the period by each Director and other Key Management Personnel, including their personally related parties, are set out below. An Employee Option Plan was approved by shareholders on 17 November 2015. Refer to description of Long-Term Incentives under executive remuneration for details. 2020 Executive Directors Richard Irving Henry Charrabé Non-Executive Directors 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 Granted as compensation Option expired / exercised Net change other Balance at end of year Vested & Exercisable Escrowed / Unvested 1,900,000 13,751,855 15,651,855 1,400,000 1,400,000 1,500,000 1,500,000 500,000 6,300,000 775,000 496,094 484,375 565,000 2,320,469 24,272,324 - - - - - - - - - - (1,890,000) (1,890,000) - - - - - - 330,000 360,000 300,000 300,000 1,290,000 1,290,000 (100,000) (62,500) (62,500) - (225,000) (2,115,000) - - - - - - - - - - - - - - - 1,900,000 11,861,855 13,761,855 1,900,000 11,861,855 13,761,855 1,400,000 1,400,000 1,500,000 1,500,000 500,000 6,300,000 1,005,000 793,594 721,875 865,000 3,385,469 23,447,324 1,400,000 1,400,000 1,500,000 1,500,000 - 5,800,000 361,875 235,469 243,750 550,200 1,391,294 20,953,149 - - - - - - - 500,000 500,000 643,125 558,125 478,125 314,800 1,994,175 2,494,175 Fluence Corporation Limited 24 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Issue of options (continued) 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 Granted as compensation Option expired / exercised 11,191,336 11,191,336 3,360,000 3,360,000 (799,481) (799,481) 1,900,000 1,900,000 1,900,000 1,500,000 1,500,000 - 8,700,000 800,000 500,000 500,000 425,000 2,225,000 22,116,336 - - - - - 500,000 500,000 - - - 140,000 140,000 4,000,000 - (500,000) (500,000) - - - (1,000,000) (25,000) (3,906) (15,625) - (44,531) (1,844,012) Net change other Balance at end of year Vested & Exercisable Escrowed / Unvested - - - - - - - - - - - - - - - 13,751,855 13,751,855 1,900,000 1,400,000 1,400,000 1,500,000 1,500,000 500,000 8,200,000 775,000 496,094 484,375 565,000 2,320,469 24,272,324 5,989,909 5,989,909 1,900,000 1,400,000 1,400,000 1,500,000 - - 6,200,000 225,000 121,094 140,625 370,050 856,769 13,046,678 7,761,946 7,761,946 - - - - 1,500,000 500,000 2,000,000 550,000 375,000 343,750 194,950 1,463,700 11,225,646 Fluence Corporation Limited 25 Fluence Corporation Limited Directors' Report 31 December 2020 (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 certain Key Management Personnel under the Fluence 2015 Employee Share Option Plan (as amended) and the Fluence 2020 Employee Share Option Plan. In accordance with AASB 2 Share Based Payments, the tables include employee options agreed to be issued up to and including 31 December 2020. Options issued to Key Management Personnel during the period generally vest on a time basis in 16 equal quarterly increments subject to the employee continuing to be employed by the Group at the vesting date. Details of options granted to directors and other key management personnel as compensation during the reporting period are as follows: Fluence Corporation Limited 26 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year (continued) 2020 Executive Directors Henry Charrabé Richard Irving Non-Executive Directors Peter Marks Ross Haghighat Rengarajan Ramesh Arnon Goldfarb Paul Donnelly Key Management Personnel Francesco Fragasso Anthony Hargrave Erik Arfalk Spencer Smith Grant date No. of options granted No. of options vested Fair value per option at grant date US$ Exercise price AU$ Expiry date Value of options at grant date US$ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 26 February 2020 26 February 2020 26 February 2020 26 February 2020 330,000 360,000 300,000 300,000 61,875 67,500 56,250 56,250 0.0765 0.0765 0.0765 0.0765 0.44 0.44 0.44 0.44 1 March 2024 1 March 2024 1 March 2024 1 March 2024 25,257 27,553 22,961 22,961 Fluence Corporation Limited 27 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) (b) Details of remuneration (continued) Share-based payments granted as compensation during the year (continued) 2019 Executive Directors 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 Grant date No. of options granted No. of options vested Fair value per option at grant date US$ Exercise price AU$ 30 May 2019 3,360,000 1,050,000 0.1529 - - - - - 30 May 2019 30 May 2019 - - - 31 January 2019 - - - - - 250,000 250,000 - - - 140,000 - - - - - - - - - - 76,300 - - - - - 0.1120 0.0893 - - - 0.0888 0.39 - - - - - 0.60 0.80 - - - 0.39 Expiry date Value of options at grant date US$ 14 July 2025 513,787 - - - - - 13 June 2023 13 June 2023 - - - 30 September 2021 - - - - - 28,000 22,328 - - - 12,433 Fluence Corporation Limited 28 Fluence Corporation Limited Directors' Report 31 December 2020 (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 Chairman and CEO (since 13 November 2020) Name: Title: Agreement commenced: 18 December 2015. Mr Irving was initially Executive Chairman of Emefcy Limited and Fluence Corporation Limited, before becoming a Non-Executive Chairman of Fluence Corporation Limited. On 13 November 2020, Mr Irving was appointed Chairman and Chief Executive Officer of Fluence Corporation Limited. Open In the role of Non-Executive Chairman up to 13 November 2020, Mr Irving received Directors fees at the rate of AU$250,000 (US$171,959) per annum. From 13 November 2020, in the role of Chairman and CEO, Mr Irving receives fees of US$400,000 per annum and with no entitlement to bonuses. Remuneration is reviewed annually by the Remuneration and Nomination Committee. Term of agreement: Details: 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$82,540) per annum to 31 October 2020 and AU$96,000 (US$66,032) from 1 November 2020 plus Chair of Remuneration and Nomination Committee fees of AU$16,000 (US$11,005) 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$82,540) per annum to 31 October 2020 and AU$96,000 per annum (US$66,032) from 1 November 2020 plus Member of the Audit and Risk Committee fees of AU$12,000 (US$8,254) per annum with effect as from 1 April 2020 and Member of the Remuneration and Nomination Committee fees of AU$12,000 (US$8,254) per annum with effect as from 11 December 2020. 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$82,540) per annum to 31 October 2020 and AU$96,000 per annum (US$66,032) from 1 November 2020 plus Member of Audit and Risk Committee fees of AU$12,000 (US$8,254) per annum to 31 March 2020 and Chair of the Audit and Risk Committee fees of AU$16,000 (US$11,005) per annum from 1 April 2020. Mr Donnelly was appointed Lead Independent Director as from 16 November 2020 and in lieu of the added responsibilities of that role receives additional Non-Executive Director fees calculated as 10% of the base Non-Executive Director fee amounting to AU$9,600 (US$6,603) per annum. Remuneration is reviewed annually by the Remuneration and Nomination Committee. Fluence Corporation Limited 29 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Details of remuneration: Richard Irving Chairman and Chief Executive Officer 13 November 2020 The engagement term is not fixed Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: Employment Based Option Remuneration: US$400,000 (base salary) Mr. Irving has waived any rights to bonuses, termination or severance pay Health insurance for Mr. Irving and his family Number of Options Granted 950,000 Grant Date Exercise Price Vesting Period 14 July 2017 AU$1.20 Options vested on 7 July 2019 950,000 14 July 2017 AU$1.50 Options vested on 7 July 2019 On 13 November 2020 Mr Irving was granted 1,500,000 options to be issued subject to shareholder approval. The options are exercisable at a 10% premium to the 5-day VWAP as of 13 November 2020. The vesting of the options is subject to meeting performance milestones set by the Board and is accelerated upon a "change of control event". The options expiry date is 30 June 2022. Fluence Corporation Limited 30 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Agreement terminated: 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 13 November 2020 Initial two-year term followed by automatic one-year renewals. By mutual agreement, the contract was terminated on 13 November 2020 with the last day as an employee on 11 February 2021. Severance obligation has been accrued in 2020 and will be paid in 2021 and 2022. US$618,000 (base salary) US$300,000 (deferred remuneration normally paid 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 2020 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 5,595,668 840,000 840,000 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) 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 31 Fluence Corporation Limited Directors' Report 31 December 2020 (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 Any options granted to Mr Charrabé during 2017 that would have vested over the next 12 months following the separation date shall automatically vest and become exercisable as of 1 December 2020. All 2019 options, with a vesting date after the separation date, have been forfeited. Fluence Corporation Limited 32 Fluence Corporation Limited Directors' Report 31 December 2020 (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 At will with 60 days' notice by either party Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$281,200 (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 26 March 2018 AU$0.48 Grant Date Exercise Price Vesting Period 330,000 26 February 2020 AU$0.44 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. 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 February 2020. 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 33 Fluence Corporation Limited Directors' Report 31 December 2020 (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 At will with 60 days' notice by either party Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$309,000 (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 28 June 2018 AU$0.46 Grant Date Exercise Price Vesting Period 360,000 26 February 2020 AU$0.44 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. 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 February 2020. 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 34 Fluence Corporation Limited Directors' Report 31 December 2020 (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 At will with 30 days' notice by either party Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: US$233,400 (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 26 March 2018 AU$0.48 Grant Date Exercise Price Vesting Period 300,000 26 February 2020 AU$0.44 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. 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 February 2020. 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 35 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Remuneration report (Audited) (continued) Service agreements (continued) Name: Title: Agreement commenced: Term of agreement: Spencer Smith Chief Legal Officer Mr Smith joined RWL Water LLC on 31 May 2016. His current agreement was executed on July 14, 2017. The initial term of the contract was 2 years and was renewed for an additional one-year term on July 17, 2019 and July 17, 2020 Cash salary and fees: Bonuses and deferred remuneration: Other Benefits: Details of remuneration: US$319,000 (base salary) Performance based bonus up to 25% of base salary Health insurance for Mr. Smith and his family Employment Based Option Remuneration: Number of Options Granted 350,000 75,000 140,000 Grant Date Exercise Price Vesting Period 14 July 2017 AU$0.84 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 14 July 2017 26 March 2018 AU$0.48 Options are fully vested 31 January 2019 AU$0.39 300,000 26 February 2020 AU$0.44 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 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 February 2020. Fluence Corporation Limited 36 Fluence Corporation Limited Directors' Report 31 December 2020 (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. The earnings of the consolidated entity for the three years to 31 December 2020 are summarised below: Financial results Revenue Loss before income tax from continuing operations Loss from discontinued operations Loss for the year 2020 $'000 2019 $'000 (*) 2018 $'000 97,139 (8,378) (12,419) (19,859) 59,848 (29,355) (238) (31,585) 101,123 (62,360) - (62,802) * The results for 2019 have been adjusted to conform with AASB 5: "Assets held for sale and discontinued operations" presentation requirements. Other factors relevant to shareholder returns include the share price performance and earnings per share over the same period: Market factors Share price 31 December 2020 $'000 31 December 2019 $'000 31 December 2018 $'000 AU$0.23 AU$0.43 AU$0.31 2020 $ 2019 $ 2018 $ Financial factors Loss per share from continuing operations (0.01) (0.06) (0.14) [This concludes the Remuneration Report, which has been audited] Fluence Corporation Limited 37 Fluence Corporation Limited Directors' Report 31 December 2020 (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 18 May 2016 09 February 2017 09 February 2017 28 March 2017 05 May 2017 31 May 2017 01 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 September 2017 26 March 2018 28 June 2018 31 July 2018 31 July 2018 31 January 2019 10 April 2019 10 April 2019 10 April 2019 10 April 2019 30 May 2019 30 May 2019 30 May 2019 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 24 September 2020 24 September 2020 30 November 2020 18 May 2021 10 January 2021 09 February 2021 04 March 2021 03 May 2021 25 May 2025 06 July 2021 13 July 2021 13 July 2021 13 July 2021 10 September 2021 25 May 2025 13 November 2021 25 May 2022 27 August 2022 31 July 2022 31 July 2022 30 September 2021 03 June 2021 03 December 2021 03 June 2022 03 December 2022 30 May 2023 30 May 2023 14 July 2025 03 June 2021 10 September 2021 03 June 2022 03 December 2022 01 March 2023 30 May 2023 29 August 2023 29 November 2023 01 March 2024 29 August 2024 30 May 2024 29 August 2024 $0.40 $0.84 $1.00 $0.82 $0.86 $0.93 $0.97 $1.20 $1.50 $0.84 $0.81 $0.84 $0.86 $0.48 $0.46 $1.20 $1.50 $0.39 $0.46 $0.46 $0.46 $0.46 $0.60 $0.80 $0.39 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 $0.23 $0.23 $0.26 1,000,000 25,000 350,000 1,000,000 150,000 10,391,855 100,000 3,850,000 3,850,000 1,500,000 2,500,000 350,000 840,000 1,171,875 433,594 750,000 750,000 913,000 20,000 2,000 86,000 62,000 250,000 250,000 1,470,000 20,000 100,000 92,000 92,000 12,000 132,000 188,000 72,000 1,562,000 56,000 44,000 172,000 34,607,324 Fluence Corporation Limited 38 Fluence Corporation Limited Directors' Report 31 December 2020 (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 26 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, 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 and Risk Committee to ensure they do not impact the impartiality and objectivity of the auditor, and 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 41. 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 39 Fluence Corporation Limited Directors' Report 31 December 2020 (continued) Corporate Governance Statement In accordance with ASX listing Rule 4.10.3, the Group’s Corporate Governance Statements can be found on its website https://www.fluencecorp.com/investor-news/. For and on behalf of the Directors Richard Irving Chairman and Chief Executive Officer 31 March 2021 New York Fluence Corporation Limited 40 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 TIM FAIRCLOUGH TO THE DIRECTORS OF FLUENCE CORPORATION LIMITED As lead auditor of Fluence Corporation Limited for the year ended 31 December 2020, I declare that, to the best of my knowledge and belief, there have been: 1. No contraventions of the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and 2. No contraventions of any applicable code of professional conduct in relation to the audit. This declaration is in respect of Fluence Corporation Limited and the entities it controlled during the period. TIM FAIRCLOUGH Director BDO Audit Pty Ltd Melbourne, 31 March 2021 BDO Audit Pty Ltd ABN 33 134 022 870 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 Audit Pty Ltd 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 2020 Revenues Operating revenue Other income Testing Expenses Cost of sales Research and development expenses Sales and marketing expenses General and administration expenses Other (losses)/gains Finance costs - net Loss before income tax Income tax benefit/(expense) Loss from continuing operations after tax Loss from discontinued operations 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: Continuing operations Discontinued operations Owners of Fluence Corporation Limited Continuing operations Discontinued operations Non-controlling interests Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 Notes 4 4 4 4 4 4 6 3 97,139 227 97,366 59,848 332 60,180 (69,337) (3,316) (6,093) (19,220) (6,133) (1,645) (8,378) 938 (7,440) (12,419) (19,859) (17,016) (2,843) (19,859) (50,455) (4,658) (9,977) (25,325) 1,292 (412) (29,355) (1,992) (31,347) (238) (31,585) (31,434) (151) (31,585) 2,932 (16,927) 882 (30,703) (4,207) (9,877) (14,084) (158) (2,685) (2,843) (16,927) (30,468) (84) (30,552) (82) (69) (151) (30,703) 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 42 Fluence Corporation Limited Consolidated Statement of Profit or Loss and Other Comprehensive Income For the year ended 31 December 2020 (continued) Losses per share from continuing operations attributable to the ordinary equity holders of the Group: Basic and diluted loss per share Losses per share from discontinued operations attributable to the ordinary equity holders of the Group: Basic and diluted loss per share Losses per share attributable to the ordinary equity holders of the Group: Basic and diluted loss per share Consolidated entity 31 December 2020 $ 31 December 2019 $ Notes 7 7 7 (0.01) (0.06) (0.02) 0.00 (0.03) (0.06) (*) The comparative figures have been adjusted to conform with the AASB 5: "Assets held for sale and discontinued operations" presentation requirements. Refer to Note 3 "Discontinued operations" for detailed information on the changes in comparatives presentation. 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 43 Fluence Corporation Limited Consolidated Statement of Financial Position As at 31 December 2020 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 Investments accounted for using the equity method Deferred tax assets Property, plant and equipment Intangible assets Concession arrangement assets Long-term deposits 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 Deferred revenue 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 2020 $'000 31 December 2019 $'000 Notes 8 8 9 10 11 13 14 6 15 16 11 12 13 17 18 19 20 17 18 6 19 20 21 23 22 31,038 15,474 38,486 12,810 7,823 353 605 106,589 415 610 12,981 1,834 8,750 23,368 215 48,173 154,762 40,860 1,878 175 6,594 32,045 81,552 8,147 19,825 928 711 13,127 42,738 124,290 30,472 21,908 5,416 39,777 12,610 7,021 512 357 87,601 434 858 14,162 5,998 20,961 4,023 157 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 47,078 212,161 (11,938) (167,971) 32,252 (1,780) 30,472 211,840 (14,870) (150,955) 46,015 1,063 47,078 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 44 Fluence Corporation Limited Consolidated Statement of Changes in Equity For the year ended 31 December 2020 Consolidated entity Balance at 1 January 2019 Loss for the period Other comprehensive income Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of ordinary shares, net of transaction costs Issue of options Balance at 31 December 2019 Contributed equity $'000 Notes Foreign currency translation reserve $'000 Accumulated losses $'000 Total $'000 Non- controlling interests $'000 Total equity $'000 185,126 (15,752) - - - - 882 882 21 5 25,009 1,705 211,840 - - (14,870) (119,521) (31,434) - (31,434) - - (150,955) 49,853 (31,434) 882 (30,552) 25,009 1,705 46,015 1,214 (151) - (151) - - 1,063 51,067 (31,585) 882 (30,703) 25,009 1,705 47,078 Balance at 1 January 2020 211,840 (14,870) (150,955) 46,015 1,063 47,078 Loss for the period Other comprehensive income Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of options Balance at 31 December 2020 - - - - 2,932 2,932 (17,016) - (17,016) (17,016) 2,932 (14,084) 5 321 212,161 - (11,938) - (167,971) 321 32,252 (2,843) - (2,843) - (1,780) (19,859) 2,932 (16,927) 321 30,472 The above Consolidated Statement of Changes in Equity should be read in conjunction with the accompanying notes. All amounts are presented in US dollars. Fluence Corporation Limited 45 Fluence Corporation Limited Consolidated Statement of Cash Flows For the year ended 31 December 2020 Cash flows from operating activities Receipt from customers Payments to suppliers and employees Receipt from/(transfer to) restricted cash Interest received Interest and other costs of finance paid Income taxes paid Net cash inflow/(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 Proceeds from disposal of short-term deposits 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 Transactions costs related to issue of ordinary shares Proceeds from borrowings Finance lease payments Net cash inflow from financing activities Net increase/(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 2020 $'000 31 December 2019 $'000 Notes 122,440 (98,975) 106 148 (1,396) (76) 22,247 (1,168) (32,897) 225 5,000 - (466) (29,306) - - - 18,593 (1,633) 16,960 9,901 21,908 (771) 31,038 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 8 8 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 46 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 1 Summary of significant accounting policies (a) Corporate information The Financial Report of Fluence Corporation Limited and its controlled entities (the “Group”) for the year ended 31 December 2020 was authorised for issue in accordance with a resolution of the Directors on the 31 of March 2021. 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)). information Accounting policies are selected and applied in a manner which ensures that the resulting financial 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 2020, the consolidated entity incurred an operating loss after tax of $19,859,000 (2019: $31,585,000) and had cash inflows from operating activities of $22,247,000 (2019: cash outflows of $36,723,000), and total net cash inflows of $9,901,000 (2019: cash outflows of $15,964,000). The Group had cash and cash equivalents of $31,038,000 and other financial assets of $15,474,000 at 31 December 2020 (2019: $21,908,000 and $5,416,000 respectively). 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. Fluence Corporation Limited 47 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (b) Basis of preparation (continued) (i) Going concern (continued) The Group has prepared cash flow forecasts that include the following: • • • Positive Group operating cash inflows for the 12 months ended 31 December 2021 and 15 months ended 31 March 2022; positive Group net cash flows for the 12 months ended 31 December 2021, and 15 months ended 31 March 2022 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$226 million for FY 2021 and further, which includes the Ivory Coast Project and other projects. Contracted revenues from the Ivory Coast Project are US$158 million for financial years 2021 and 2022. The group has in place a project financing and working capital loan facility with an affiliate of Upwell (the ‘Upwell Facility’), which will be applied to finance completion of strong cash flow generation projects. The cash flow forecast allow for a drawdown on the Upwell Facility. The resulting net cash flows from major projects will provide further working capital to the consolidated entity. 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. (ii) New and amended standards adopted by the group All accounting standards adopted by the Group are consistent with the most recent Annual Report for the year ended 31 December 2019. (c) Comparatives The comparative figures have been adjusted to conform with the AASB 5: "Assets held for sale and discontinued operations" presentation requirements. Refer to Note 3 "Discontinued operations" for detailed information on the changes in comparatives presentation. (i) Revision to Appendix 4E Preliminary Final Report for the year ended 31 December 2020 Total comprehensive income for the year attributable to owners of Fluence Corporation Limited from continuing operations and discontinued operations has been revised. As a result of this revision, for the year ending 31 December 2020, total comprehensive income for the year attributable to owners of Fluence Corporation Limited from continuing operations increased by $9,734,000 to ($4,207,000) and Total comprehensive income for the year attributable to owners of Fluence Corporation Limited from discontinued operations decreased by $9,734,000 to ($9,877,000). Total comprehensive income for the year attributable to non-controlling interests from continuing operations increased by $591,000 to ($158,000) and Total comprehensive income for the year attributable to non-controlling interests from discontinued operations decreased by $591,000 to ($2,685,000). The Acquisitions of non-current assets in Note 2 "Segment Information" have been updated after Notes 15 "Property, plant and equipment" and 16 "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 30. Fluence Corporation Limited 48 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (d) Principles of consolidation (continued) 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 to initial recognition, non-controlling interests’ proportionate share of 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. (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 expects 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 17 provides further information on how the group accounts for government grants. Government grants are recognised in profit or 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. Fluence Corporation Limited 49 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (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. (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 5. 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. Fluence Corporation Limited 50 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (i) Employee benefits (continued) (ii) Share-based payments (continued) 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. 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 Other Comprehensive Income (OCI) of those investees is presented as part of the Group’s 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. Fluence Corporation Limited 51 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (j) Investment in associates and joint ventures (continued) 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 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 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. (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 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. Fluence Corporation Limited 52 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (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. (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 which is that entity’s functional currency. (ii) Presentation Currency The consolidated financial statements are presented in US Dollars, which is the Group’s presentation currency. Fluence Corporation Limited 53 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (q) Foreign currency translation (continued) (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 as at the reporting 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. 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. • Fluence Corporation Limited 54 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (s) Goods and Services Tax (GST) (continued) 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 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 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. Fluence Corporation Limited 55 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (u) Impairment (continued) 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. (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. Fluence Corporation Limited 56 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (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 17 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"). 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 5 - 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. Fluence Corporation Limited 57 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 1 Summary of significant accounting policies (continued) (aa) Significant accounting estimates and assumptions (continued) Impairment (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 16 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 (PDVSA contract), for detailed engineering and the 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 advanced payments 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 a smaller scope of work, comprising the plant named "Portuguesa", at a project value of US$45 million. 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. This extends to any work Fluence’s Argentinean subsidiary may otherwise have performed for PDVSA. Fluence is keeping the customer informed as permitted under the OFAC regulations, and to date no claims have been brought in response to the issue. (ab)New and amended standards adopted by the group No new standards were adopted neither needed to be adopted during 2020. 2 Segment information Segment disclosure replicates the manner in which the 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. 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; Fluence Corporation Limited 58 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 2 Segment information (continued) • • • • 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. 2020 Segment revenue Operating revenue and other income Segment expense Segment depreciation and amortisation Share of profits of associates Write off of inventories Segment expense Loss after tax from discontinued operations Unallocated expenses - corporate Segment results Assets Investments in associates Segment assets Unallocated assets - corporate Liabilities Segment liabilities Unallocated liabilities - corporate Acquisitions of non-current assets 2019 Segment revenue Operating revenue and other income Operating Units $'000 Product and Innovation $'000 Intersegment Elimination $'000 Total $'000 97,132 97,132 (1,887) 55 (32) (90,480) (12,419) - (104,763) (7,631) 415 137,105 - 137,520 (92,852) - (92,852) 1,595 1,442 1,442 (1,027) - - (1,554) - - (2,581) (1,139) - 6,264 - 6,264 (10,800) - (10,800) 191 (1,208) (1,208) 97,366 97,366 - - - 1,208 - - 1,208 - - (4,141) - (4,141) 4,141 - 4,141 - (2,914) 55 (32) (90,826) (12,419) (11,089) (117,225) (19,859) 415 139,228 15,119 154,762 (99,511) (24,779) (124,290) 1,786 Operating Units $'000 Product and Innovation $'000 Intersegment Elimination $'000 Total $'000 59,651 59,651 1,920 1,920 (1,391) (1,391) 60,180 60,180 Fluence Corporation Limited 59 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 2 Segment information (continued) 2019 Segment expense Segment depreciation and amortisation 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 Unallocated expenses Other corporate expenses Unallocated assets Cash and cash equivalents Other assets Operating Units $'000 Product and Innovation $'000 Intersegment Elimination $'000 Total $'000 (2,024) 84 (1,299) (62,478) - (65,717) (6,066) 434 110,880 - 111,314 (80,184) - (80,184) 2,804 (863) - - (7,730) - (8,593) (6,673) - 6,536 - 6,536 (8,871) - (8,871) 80 - - - (6,783) - (6,783) (8,174) - (5,483) - (5,483) 4,168 - 4,168 - (2,887) 84 (1,299) (76,991) (10,672) (91,765) (31,585) 434 111,933 21,827 134,194 (84,887) (2,229) (87,116) 2,884 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (11,089) (10,672) Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 9,924 5,195 15,119 11,575 10,252 21,827 Fluence Corporation Limited 60 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 2 Segment information (continued) Unallocated liabilities Trade and other payables Borrowings Other liabilities Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (1,089) (20,446) (3,244) (24,779) (882) - (1,347) (2,229) Intersegment transactions Intersegment transactions are made on an arm's-length basis and are eliminated on consolidation. 3 Discontinued operations (a) Description In December 2020, following challenges with project execution, the Board decided it no longer wished to move forward with the San Quintin project. In the view of Fluence management, a mutual termination is the most likely potential outcome at this point in time. According to the criteria listed in AASB 5: "Non-current assets held for sale and discontinued operations", the San Quintin project meets the definition of a discontinued operation. In preparation for project closure, the impairment of assets associated with the project was recorded in the 2020 financial year and amounted to $11,903,000, including impairment of capitalised intangible concession asset in the amount of $4,012,000 (2019: nil). The loss after income tax from discontinued operations amounted to $12,419,000 (2019: nil). (b) Financial performance and cash flow information The financial performance and cash flow information presented are for the year ended 31 December 2020 and the year ended 31 December 2019. Fluence Corporation Limited 61 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 3 Discontinued operations (continued) (b) Financial performance and cash flow information (continued) Revenue Cost of sales Sales and marketing expenses General and administrative expenses Impairment expense (a) Other gains/(losses) - net Finance costs Loss before income tax Income tax (expense)/benefit Loss after income tax from discontinued operations Net cash inflow/(outflow) from operating activities Net cash outflow from investing activities Net cash inflow from financing activities Effects of exchange rate changes on cash and cash equivalents Net decrease in cash and cash equivalents from discontinuing operations (a) Impairment expense Concession assets Intangible assets GST receivable Reversal of accruals Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 417 (373) - (248) (11,903) (69) (126) (12,302) (117) (12,419) 18 (413) 305 57 (33) 1,114 (1,018) (8) (234) - 36 (133) (243) 5 (238) (330) (1,115) 1,033 (78) (490) Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (12,037) (4,012) (475) 4,621 (11,903) - - - - - Fluence Corporation Limited 62 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 3 Discontinued operations (continued) (c) Carrying amounts of assets and liabilities disposed Cash and cash equivalents Trade receivables Prepayments Other current assets Deferred tax assets Property, plant and equipment Intangible assets Concession assets Total assets Trade and other payables Current tax liabilities Other liabilities Total liabilities 4 Operating revenue and expenses Operating revenue Contract revenue Smart product solutions Customer engineering solutions Service concession arrangements revenue Service revenue Revenues on services Revenue on parts Recurring revenue from concession assets Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 226 4 59 8 - 6 - - 303 259 485 82 5 60 15 4,122 12,368 17,396 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 193 92 262 547 10,587 34 4,621 15,242 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 32,251 56,596 91 88,938 3,598 3,035 1,568 8,201 26,394 25,247 1,351 52,992 4,946 1,910 - 6,856 97,139 59,848 Fluence Corporation Limited 63 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 4 Operating revenue and expenses (continued) Research and development Salaries and other employee related expenses Depreciation Materials Travel and entertainment Professional fees Other Sales and marketing Salaries and other employee related expenses Marketing activities Travel and entertainment Professional fees Other General and administration Salaries and other employee related expenses Professional fees Depreciation Director expense Office expenses Insurance Travel and entertainment Bank charges Maintenance Import and export expenses Reversal of bad debt provision Other Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 2,020 929 299 20 18 30 3,316 2,266 465 1,246 191 267 223 4,658 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 4,195 558 436 418 486 6,093 6,352 1,106 1,008 701 810 9,977 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 9,199 3,259 1,654 1,388 1,290 1,159 360 329 156 - (30) 456 19,220 11,141 4,741 2,338 1,870 1,677 873 1,364 339 101 219 (91) 753 25,325 Fluence Corporation Limited 64 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 4 Operating revenue and expenses (continued) Other gains/(loss) - net Foreign exchange gain/(loss) Withholding taxes Write down of inventory Gain from investments accounted for using the equity method Gain on disposal of property, plant and equipment Increase/(reversal of) provisions Other Finance income/(costs) - net Interest income Interest expense Fund valuation gain Project financing and other Aggregate expenses Aggregate depreciation and amortisation expenses Aggregate employee benefits expense 5 People costs (a) Share-based payments Employee Option Plan Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (5,546) (548) (32) 55 70 119 (251) (6,133) 1,604 (550) (1,299) 84 1,393 (334) 394 1,292 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 222 (1,668) - (199) (1,645) 324 (442) 129 (423) (412) Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 3,108 22,884 3,089 27,752 A share option plan has been established by the consolidated entity and approved by shareholders at a general meeting, whereby the consolidated entity may, at the discretion of the Board of Directors, grant options over ordinary shares in the Group to employees, consultants and directors of the consolidated entity. The options are issued for nil consideration and are granted in accordance with performance guidelines established by the Remuneration and Nomination Committee. Set out below are summaries of the movement in options granted under the plan during the year ended 31 December 2020: Fluence Corporation Limited 65 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 5 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) a Grant/change date Opening balance Options vested during the year 11 February 2020 11 February 2020 11 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 05 March 2020 05 March 2020 05 March 2020 05 March 2020 12 March 2020 12 March 2020 14 April 2020 30 April 2020 30 April 2020 30 April 2020 30 April 2020 15 June 2023 3 June 2022 3 December 2021 3 June 2021 10 September 2021 3 December 2021 3 June 2022 3 December 2022 1 March 2023 30 May 2023 29 August 2023 29 November 2023 1 March 2024 30 September 2021 10 September 2021 30 September 2021 13 November 2021 27 August 2022 25 May 2022 13 April 2020 30 September 2021 11 March 2022 1 November 2020 13 November 2021 Exercise Price (AU$) Expiry Date Granted 76,432,872 Exercised (13,773,161) 0.53 0.46 0.46 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.39 0.81 0.39 0.86 0.46 0.48 0.35 0.39 0.58 0.74 0.86 - - 20,000 100,000 2,000 106,000 88,000 12,000 144,000 200,000 88,000 1,562,000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Vested 37,723,937 8,416,402 - - - - - - - - - - - - - - - - - - - - - - - - Cancelled / Reversed (23,061,887) Balance at year end 39,597,824 (31,250) (2,250) (5,000) - - - - - - - - - - (1,950) (4,500) (39,000) (112,500) (62,500) (162,500) (500,000) (61,000) (80,000) (500,000) (187,500) (31,250) (2,250) (5,000) 20,000 100,000 2,000 106,000 88,000 12,000 144,000 200,000 88,000 1,562,000 (1,950) (4,500) (39,000) (112,500) (62,500) (162,500) (500,000) (61,000) (80,000) (500,000) (187,500) Fluence Corporation Limited 66 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 5 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) Grant/change date 30 April 2020 30 April 2020 30 April 2020 04 May 2020 04 May 2020 18 May 2020 18 May 2020 28 May 2020 30 June 2020 30 June 2020 30 June 2020 30 June 2020 30 June 2020 30 June 2020 07 July 2020 20 July 2020 20 July 2020 28 July 2020 28 July 2020 28 July 2020 25 August 2020 24 September 2020 24 September 2020 28 September 2020 01 October 2020 01 October 2020 01 October 2020 27 October 2020 Expiry Date 31 May 2020 30 September 2021 10 September 2021 28 February 2020 28 February 2020 18 May 2020 16 May 2020 28 May 2020 29 August 2023 29 November 2023 10 September 2021 30 September 2021 3 June 2022 3 June 2022 29 November 2023 29 August 2023 10 September 2021 25 July 2020 3 June 2022 3 June 2022 25 August 2020 30 May 2024 29 August 2024 9 November 2020 10 September 2021 30 May 2023 29 November 2023 27 October 2020 Exercise Price (AU$) 0.93 0.39 0.81 0.30 0.40 0.40 0.59 0.59 0.44 0.44 0.81 0.39 0.46 0.44 0.44 0.44 0.81 0.79 0.46 0.44 0.87 0.23 0.23 1.00 0.81 0.44 0.44 0.44 Granted - - - - - - - - - - - - - - - - - - - - - 44,000 56,000 - - - - - Exercised - - - - - - - - - - - - - - - - - - - - - - - - - - - - Vested - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cancelled / Reversed (1,000,000) (3,050) (7,500) (100,000) (100,000) (1,000,000) (400,000) (100,000) (9,750) (3,500) (79,750) (25,000) (9,000) (9,000) (500) (2,250) (8,250) (250,000) (3,000) (3,000) (225,000) - - (200,000) (32,000) (12,000) (9,750) (150,000) Balance at year end (1,000,000) (3,050) (7,500) (100,000) (100,000) (1,000,000) (400,000) (100,000) (9,750) (3,500) (79,750) (25,000) (9,000) (9,000) (500) (2,250) (8,250) (250,000) (3,000) (3,000) (225,000) 44,000 56,000 (200,000) (32,000) (12,000) (9,750) (150,000) Fluence Corporation Limited 67 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 5 People costs (continued) (a) Share-based payments (continued) Employee Option Plan (continued) Grant/change date 30 October 2020 09 November 2020 30 November 2020 09 December 2020 Closing balance Expiry Date 29 November 2023 26 September 2020 29 August 2024 14 July 2025 Exercise Price (AU$) 0.44 1.00 0.26 0.39 Granted - - 172,000 - 79,026,872 Exercised - - - - (13,773,161) Vested - - - - 46,140,339 Cancelled / Reversed (2,250) (200,000) - (1,890,000) (30,646,387) Balance at year end (2,250) (200,000) 172,000 (1,890,000) 34,607,324 Fluence Corporation Limited 68 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 5 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. Expiry Date 03 June 2021 10 September 2021 03 December 2021 03 June 2022 03 December 2022 01 March 2023 30 May 2023 29 August 2023 29 November 2023 01 March 2024 Grant date a 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 24 September 2020 30 May 2024 24 September 2020 29 August 2024 30 November 2020 29 August 2024 Share price at grant date (AU$) 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.21 0.21 0.33 Exercise Price (AU$) 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.44 0.23 0.23 0.26 Dividend yield Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Risk-free interest rate (%) 0.731 0.700 0.673 0.635 0.613 0.603 0.607 0.611 0.614 0.618 0.209 0.225 0.182 Fair value at grant date, $ 0,0355 0.0413 0.0457 0.0539 0.0611 0.0643 0.0674 0.0705 0.0735 0.0765 0.0601 0.0620 0.1069 The weighted average remaining contractual life of options outstanding at year-end was 2.11 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 $0.1124. 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: 69% 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 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 49 (646) 918 321 146 349 1,210 1,705 Fluence Corporation Limited 69 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 5 People costs (continued) (c) Key Management Personnel Disclosures Compensation The aggregate compensation made to directors and other members of key management personnel of the Group is set out below: Short-term employee benefits Share based payments Consolidated entity 31 December 2020 $ 31 December 2019 $ 3,679,915 1,033,316 4,713,231 2,905,179 1,327,156 4,232,335 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 2020 and 31 December 2019. For more information on Key Management Personnel Compensation disclosed under the Corporations Act 2001, please refer to Remuneration Report contained within the Directors’ Report. 6 Income tax (a) Income tax expense The components of tax expense comprise: Current tax Current tax Adjustments for current tax of prior periods IFRIC 23 liability Adjustments for current tax of prior periods Increase/(decrease) in deferred tax assets (Increase)/decrease in deferred tax liabilities Income tax expense is attributable to: Loss from continuing operations Loss from discontinued operations Aggregate income tax expense Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (124) 35 45 (248) 1,113 821 938 (117) 821 (3,146) - - (350) 1,509 (1,987) (1,992) 5 (1,987) Fluence Corporation Limited 70 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 6 Income tax (continued) (b) Numerical reconciliation of income tax expense to prima facie tax payable Loss from continuing operations before income tax Loss from discontinued 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 2020 $'000 31 December 2019 $'000 (8,378) (12,302) (20,680) (6,204) 6,204 172 (291) 1,065 (125) 821 (29,355) (238) (29,593) (8,879) 8,879 (79) (162) (1,760) 14 (1,987) Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 406 3 - 100 - - 12 89 610 232 - 199 - 155 74 54 144 858 Fluence Corporation Limited 71 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 6 Income tax (continued) (c) Deferred tax balances (continued) (ii) Deferred tax liabilities The balance comprises temporary differences attributable to: WIP Fixed assets Other (d) Unrecognised deferred tax assets Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 581 22 325 928 1,018 87 936 2,041 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 2020 was $44,596,000 (2019: $38,447,000). 7 Loss per share (a) Loss per share from continuing operations Loss per share from continuing operations Loss after income tax Non-controlling interest Loss after income tax from continuing operations attributable to the ordinary equity holders of the Group Basic loss per share Diluted loss per share Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (7,440) 158 (31,347) 82 (7,282) (31,265) Consolidated entity 31 December 2020 $ 31 December 2019 $ (0.01) (0.01) (0.06) (0.06) Fluence Corporation Limited 72 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 7 Loss per share (continued) (b) Loss per share from discontinued operations Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 Loss per share from discontinued operations Loss after income tax Non-controlling interest Loss after income tax from discontinued operations attributable to the ordinary equity holders of the Group (12,419) 2,685 (9,734) (238) 69 (169) Basic loss per share Diluted loss per share (c) Loss per share Loss per share Loss after income tax Non-controlling interest Loss after income tax attributable to the ordinary equity holders of the Group Basic loss per share Diluted loss per share (d) Weighted average number of shares Consolidated entity 31 December 2020 $ 31 December 2019 $ (0.02) (0.02) 0.00 0.00 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (19,859) 2,843 (17,016) (31,585) 151 (31,434) Consolidated entity 31 December 2020 $ 31 December 2019 $ (0.03) (0.03) (0.06) (0.06) Consolidated entity 2019 2020 Number Number Weighted average number of ordinary shares used as the denominator in calculating basic and diluted earnings/(loss) per share 624,854,034 553,262,961 Fluence Corporation Limited 73 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 8 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 2020 $'000 31 December 2019 $'000 31,038 31,038 21,908 21,908 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 109 15,365 15,474 416 5,000 5,416 Short term deposits are collections from the Ivory Coast projects deposited for a period of less than twelve months. (c) Cash flow information Loss after income tax Adjustment for: Depreciation and amortisation expenses Share based payments expense Impairment loss Decrease in bad debt provision Warranty provision Inventory reserve Gain on disposal of property, plant and equipment Share of profits of associates and joint ventures Provision for losses Increase/(decrease) in employee benefits provision Increase/(decrease) in 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 Fluence Corporation Limited Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (19,859) (31,585) 3,108 321 11,903 (30) 150 32 (70) (55) 309 195 (428) 522 5,546 318 (2,213) (1,139) (1,865) 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) 74 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 8 Cash and cash equivalents, Other financial assets, Cash Flows (continued) (c) Cash flow information (continued) (Increase)/decrease in net tax asset Increase in other current and non-current assets Decrease in trade and other payables Increase/(decrease) in deferred revenues Cash generated from/(used in) operations 9 Trade and other receivables Current receivables - Trade receivables Contract receivables Contract unbilled receivables Provision for impairment - contract receivables Current receivables - Other receivables GST and other taxes receivable Income tax receivable Other receivables Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (771) (327) (776) 27,376 22,247 2,257 (1,423) (16,022) (2,819) (36,723) Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 23,013 15,478 (2,079) 36,412 1,207 816 51 2,074 22,936 15,689 (2,874) 35,751 2,924 997 105 4,026 Total current trade and other receivables 38,486 39,777 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 1,300 (1,300) - 1,190 (1,190) - Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 Notes 17 36,412 (17,779) 18,633 35,751 (22,116) 13,635 Fluence Corporation Limited 75 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 9 Trade and other receivables (continued) 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. 10 Inventories Raw materials - at cost Work in progress - at cost Finished goods - at lower of cost or net realisable value 11 Concession asset Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 7,477 1,937 3,396 12,810 8,537 1,318 2,755 12,610 The Group has three (3) concession service arrangements on hand as of 31 December 2020: • • • 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 October 2019. Under the terms of the agreement, the Group will operate the desalination plant and provide water to the grantor for a period of 15 years. The Group will be responsible for any maintenance services required during the concession period. The Group does not expect major repairs to be necessary during the concession period. The grantor provides 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 2020, the Group has recognised revenue of $1.5 million on the desalination plant. In January 2016 the Group entered into a service concession arrangement in Mexico to build and operate a desalination plant. In December 2020, following challenges with project execution, the Board decided it no longer wishes to move forward with this project. A mutual termination is the most likely potential outcome. An impairment of assets associated with this project was recorded in 2020 and amounted to $11.9 million. For more information refer to Note 3. 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 October 2021. 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 2020, the Group has recognised revenue of $0.1 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 and were recognised as a concession asset. Fluence Corporation Limited 76 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 11 Concession asset (continued) a Concession assets Current concession asset Non-current concession asset 12 Long-term deposits Long-Term Deposits Collections from customers deposited for a period of more than twelve months Consolidated entity 31 December 31 December 2020 $'000 2019 $'000 353 8,750 9,103 512 20,961 21,473 Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 23,368 23,368 4,023 4,023 Long term deposits are collections from the Ivory Coast projects deposited for a period of more than twelve months. 13 Other assets a Current assets Government benefits Other a Non-current assets Prepaid contract costs Consolidated entity 31 December 31 December 2020 $'000 2019 $'000 422 183 605 345 12 357 Consolidated entity 31 December 31 December 2020 $'000 2019 $'000 215 215 157 157 Fluence Corporation Limited 77 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 14 Investments accounted for using the equity method Carrying Amount 31 December 31 December 2020 $'000 2019 $'000 Place of business/ country of incorporation % of ownership interest Nature of relationship Measurement method Israel 50% Associate Equity method 415 434 a Name of entity E.T.G.R Water Infrastructure Management As of 31 December 2020, the Group holds 50% interest in E.T.G.R Water Infrastructure Management partnership. This investment contributed a gain of $55,000 to Fluence Corporation Limited (2019: $84,000), which is included in 'Other gains/(losses)' in the Consolidated Statement of Profit or Loss and Other Comprehensive Income. Fluence Corporation Limited 78 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 15 Property, plant and equipment Consolidated entity At 1 January 2020 Cost or fair value Accumulated depreciation Net book amount Year ended 31 December 2020 Opening net book amount Additions Assets included in a disposal group classified as held for sale and other disposals Depreciation charge Exchange differences Closing net book amount At 31 December 2020 Cost Accumulation depreciation Net book amount Buildings and Leasehold improvements $'000 Production equipment $'000 Office furniture and equipment $'000 Land $'000 Computers and peripheral equipment $'000 Vehicles $'000 Right of use assets $'000 Total $'000 120 - 120 120 - - - - 120 120 - 120 3,496 (884) 2,612 2,612 227 (75) (147) 101 2,718 3,723 (1,005) 2,718 5,484 (2,867) 2,617 2,617 224 - (772) (72) 1,997 5,693 (3,696) 1,997 1,492 (1,136) 356 356 56 (24) (142) 156 402 1,395 (993) 402 3,087 (2,228) 859 859 571 - (207) (110) 1,113 3,812 (2,699) 1,113 874 (573) 301 301 90 (56) (97) - 238 883 (645) 238 10,668 (3,371) 7,297 7,297 514 - (1,601) 183 6,393 10,958 (4,565) 6,393 25,221 (11,059) 14,162 14,162 1,682 (155) (2,966) 258 12,981 26,584 (13,603) 12,981 Fluence Corporation Limited 79 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 15 Property, plant and equipment (continued) Consolidated entity At 1 January 2019 Cost or fair value Accumulated depreciation Net book amount Year ended 31 December 2019 Opening net book amount Additions Assets included in a disposal group classified as held for sale and other disposals Depreciation charge Exchange differences Closing net book amount At 31 December 2019 Cost or fair value Accumulated depreciation Net book amount Buildings and Leasehold improvements $'000 Production equipment $'000 Office furniture and equipment $'000 Land $'000 Computers and peripheral equipment $'000 Vehicles $'000 Right of use assets $'000 Total $'000 194 - 194 194 92 (180) - 14 120 120 - 120 4,830 (1,343) 3,487 3,487 161 (835) (220) 19 2,612 3,496 (884) 2,612 5,019 (2,393) 2,626 2,626 243 - (360) 108 2,617 5,484 (2,867) 2,617 1,303 (856) 447 447 133 - (205) (19) 356 1,492 (1,136) 356 2,789 (2,057) 732 732 215 - (184) 96 859 3,087 (2,228) 859 760 (510) 250 250 248 (35) (111) (51) 301 874 (573) 301 8,750 (1,640) 7,110 7,110 1,497 - (1,628) 318 7,297 10,668 (3,371) 7,297 23,645 (8,799) 14,846 14,846 2,589 (1,050) (2,708) 485 14,162 25,221 (11,059) 14,162 Fluence Corporation Limited 80 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 16 Intangible assets Consolidated entity Year ended 31 December 2020 Opening net book amount Additions Impairment loss 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 Note 3 Capitalised development costs $'000 Capitalised concession asset $'000 Total $'000 1,876 - - (171) 129 1,834 1,912 - (193) 157 1,876 4,122 104 (4,012) - (214) - 3,691 295 - 136 4,122 5,998 104 (4,012) (171) (85) 1,834 5,603 295 (193) 293 5,998 17 Trade and other payables and other liabilities Current Trade payables Accrued payroll liabilities Accrued project expenses Government grants Lease liability Other accruals Non-current Government grants Lease liability Other liabilities Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 12,750 3,072 17,779 1,168 1,409 4,682 40,860 2,518 5,335 294 8,147 12,357 2,594 22,116 1,384 1,201 4,174 43,826 3,178 6,329 305 9,812 Fluence Corporation Limited 81 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 17 Trade and other payables and other liabilities (continued) (i) Government Grant Liability The Group participates in programs sponsored by the Israel Innovation Authority (“IIA”) (formerly the Office of the Chief Scientist (“OCS”)), for the support of research and development projects. In exchange for the IIA's participation in the programs, the Group is required to pay royalties to the IIA at a rate between 3% and 4.5% of sales to end customers of products developed with funds provided by the IIA, if and when such sales are recognised. As of 31 December 2020 and 31 December 2019, the Group recognised a liability to the IIA in the amount of $3,505,000 and $4,359,000 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 18.2%. 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 2020 and 2019, the Group recognised a liability to the MNI in the amount of $180,000 and $203,000 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 18.2%. 18 Borrowings Borrowings Current borrowings and interest payable Non-current borrowings Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 1,878 19,825 21,703 877 2,030 2,907 On 29 July 2020, the Company entered into a loan agreement with an affiliate of Upwell LLC to provide an initial US$20 million finance facility. The facility can be increased up to US$50 million at the Company's request and at Upwell's discretion. The facility is available to fund the Build, Own, Operate and Transfer ("BOOT") projects and the Company's working capital. Fluence Corporation Limited 82 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 19 Provisions Current Employee benefits Warranty provision Provision for onerous contracts Restructuring provision Other provisions Non-current Employee benefits Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 1,485 1,822 334 1,672 1,281 6,594 711 711 1,316 1,540 334 2,100 974 6,264 632 632 Consolidated entity Current At 1 January 2020 Additions Reversal Utilised Currency translation differences Total Non-current At 1 January 2020 Additions Reversal Utilised Currency translation differences Employee benefits $'000 Warranty $'000 Onerous contracts $'000 Restructuring provision $'000 Other $'000 Total $'000 1,316 858 - (702) 13 1,485 632 146 (11) (96) 40 711 1,540 889 - (739) 132 1,822 - - - - - - 334 - - - - 334 - - - - - - 2,100 - (428) - - 1,672 - - - - - - 974 510 - (201) (2) 1,281 - - - - - - 6,264 2,257 (428) (1,642) 143 6,594 632 146 (11) (96) 40 711 20 Deferred revenue Current deferred revenue Non-current deferred revenue Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 32,045 13,127 45,172 21,596 - 21,596 Fluence Corporation Limited 83 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 20 Deferred revenue (continued) Current deferred revenue represents remaining pre-payments made primarily by PDVSA upon entering into a multi-year contract with the Group in 2015 and payments obtained from the Ivory Coast project that will be released according to the payment schedule in the next 12 months. For more information regarding the PDVSA project refer to note 1(aa)(vii) Non-current deferred revenue represents payments obtained from the Ivory Coast project and will be released according to the payment schedule in greater than 12 months. 21 Contributed equity Ordinary shares Options Share capital 31 December 2020 No. 31 December 2019 No. 31 December 2020 $'000 31 December 2019 $'000 624,854,034 33,208,407 658,062,441 624,854,034 39,597,824 664,451,858 204,056 8,105 212,161 204,056 7,784 211,840 (a) Ordinary Shares - Fully Paid Number of shares $'000 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 Opening balance 1 January 2020 Balance 31 December 2020 Notes (i) 537,375,296 81,818,181 5,381,453 279,104 624,854,034 - 624,854,034 179,047 24,455 1,617 65 205,184 (1,128) 204,056 Number of shares 624,854,034 624,854,034 $'000 204,056 204,056 (i) Transaction costs relating to share issues Under AASB 132, incremental costs that are directly attributable to issuing new shares should be deducted from equity. The share issue expense relates to costs directly attributable to the issuing of new shares, costs associated with the listing have been deducted from equity. Ordinary shares Ordinary shares entitle the holder to participate in dividends and the proceeds on winding up of the Group in proportion to the number of shares held. At shareholder meetings, each ordinary share is entitled to one vote when a poll is called; otherwise each shareholder has one vote on a show of hands. Fluence Corporation Limited 84 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 21 Contributed equity (continued) (b) Options 2019 w Opening balance Unlisted options issued to employees Unlisted options issued to directors Exercised options Cancelled, lapsed and forfeited options Balance at 31 December 2019 2020 w Opening balance Unlisted options issued to employees Cancelled, lapsed and forfeited options Balance at 31 December 2020 Number of options 46,436,671 1,970,000 3,860,000 (484,518) (12,184,329) 39,597,824 Number of options 39,597,824 2,594,000 (7,584,500) 34,607,324 (c) Summary of all unlisted options in existence Date options granted Expiry date Issue price of shares (AU$) Number under option 18 May 2016 09 February 2017 09 February 2017 28 March 2017 05 May 2017 31 May 2017 01 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 July 2017 14 September 2017 26 March 2018 28 June 2018 31 July 2018 31 July 2018 31 January 2019 10 April 2019 10 April 2019 10 April 2019 10 April 2019 30 May 2019 30 May 2019 30 May 2019 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 26 February 2020 18 May 2021 10 January 2021 09 February 2021 04 March 2021 03 May 2021 25 May 2025 06 July 2021 13 July 2021 13 July 2021 13 July 2021 10 September 2021 25 May 2025 13 November 2021 25 May 2022 27 August 2022 31 July 2022 31 July 2022 30 September 2021 03 June 2021 03 December 2021 03 June 2022 03 December 2022 30 May 2023 30 May 2023 14 July 2025 03 June 2021 10 September 2021 03 June 2022 03 December 2022 01 March 2023 30 May 2023 29 August 2023 $0.40 $0.84 $1.00 $0.82 $0.86 $0.93 $0.97 $1.20 $1.50 $0.84 $0.81 $0.84 $0.86 $0.48 $0.46 $1.20 $1.50 $0.39 $0.46 $0.46 $0.46 $0.46 $0.60 $0.80 $0.39 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 1,000,000 25,000 350,000 1,000,000 150,000 10,391,855 100,000 3,850,000 3,850,000 1,500,000 2,500,000 350,000 840,000 1,171,875 433,594 750,000 750,000 913,000 20,000 2,000 86,000 62,000 250,000 250,000 1,470,000 20,000 100,000 92,000 92,000 12,000 132,000 188,000 Fluence Corporation Limited 85 Number under option 72,000 1,562,000 56,000 44,000 172,000 34,607,324 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 21 Contributed equity (continued) (iii) Summary of all unlisted options in existence (continued) Date options granted Expiry date Issue price of shares (AU$) 26 February 2020 26 February 2020 24 September 2020 24 September 2020 30 November 2020 29 November 2023 01 March 2024 29 August 2024 30 May 2024 29 August 2024 $0.44 $0.44 $0.23 $0.23 $0.26 22 Non-controlling interests a Opening Balance at 1 January 2020 Contributed equity Loss for the year attributable to non-controlling interests Closing Balance at 31 December 2020 a Opening Balance at 1 January 2019 Contributed equity Loss for the year attributable to non-controlling interests Closing Balance at 31 December 2019 The group has five subsidiaries with non-controlling interests. Consolidated entity 31 December 2020 $'000 1,063 - (2,843) (1,780) Consolidated entity 31 December 2019 $'000 1,214 - (151) 1,063 (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. For more details please refer to Note 3. (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. For more details please refer to Note 3. (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. In October 2020 because of minority buyout the Group share increased by 6.8% and reached 76.8%. (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. (v) In May 2020 2020 the Group formed a new entity, Bimini Water Services Ltd which is held 60% by the Group to supply water to the customers in Bimini, Bahamas for 15 years. Fluence Corporation Limited 86 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 22 Non-controlling interests (continued) 23 Foreign currency translation reserve Foreign currency translation reserve Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 (11,938) (14,870) 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. 24 Financial risk management The Group’s activities expose it to a variety of financial risks: market risk (including currency risk, interest rate risk and price risk), credit risk and liquidity risk. The Group’s overall risk management program focuses on the unpredictability of financial markets and seeks to minimise potential adverse effects on the financial performance of the Group. The Group uses different methods to measure different types of risk to which it is exposed. The Board provides principles for overall risk management, as well as policies covering specific areas, such as foreign exchange risk, interest rate risk, credit risk and investment of excess liquidity. (a) Market risk (i) Foreign exchange risk The Group undertakes certain transactions denominated in foreign currency and is exposed to foreign currency risk through foreign exchange rate fluctuations. Foreign exchange rate risk arises from future commercial transactions and recognised financial assets and financial liabilities denominated in a currency that is not the Group’s functional currency. The carrying amounts of the Group’s foreign currency denominated monetary assets and liabilities at the reporting date are as follows: Consolidated entity 31 December 2020 Assets Liabilities ILS $'000 1,394 (2,386) (992) EUR $'000 48,803 (7,943) 40,860 AUD $'000 347 (84) 263 ARS $'000 7,059 (2,213) 4,846 CNY $'000 14,743 (5,326) 9,417 BRL $'000 3,478 (2,011) 1,467 MXN $'000 AED $'000 - - - 82 - 82 EGP $'000 7,972 - 7,972 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 2020 and 31 December 2019. Fluence Corporation Limited 87 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 24 Financial risk management (continued) (a) Market risk (continued) (i) Foreign exchange risk (continued) w Israeli New Shekel (ISL) Euro (EUR) Australian Dollar (AUD) Argentina Peso (ARS) Chinese Yuan (CNY) Brazilian Real (BRL) United Arab Emirates Dirham (AED) Egyptian Pound (EGP) 2020 +10%/-10% $'000 99/(99) 4,086/(4,086) 8/(8) 485/(485) 942/(942) 147/(147) 26/(26) 797/(797) 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 instruments value will fluctuate as a result of changes in market interest rates and the effective that a financial weighted average interest rates on classes of financial assets and financial liabilities. Instruments with cash flow risk Cash and cash equivalents Consolidated entity 31 December 2020 $'000 31 December 2019 $'000 31,038 21,908 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 2018, December 2019 and December 2020. The average change of rate was (-)0.76%. w Cash and cash equivalents (b) Credit risk 2020 +1%/-1% $'000 310/(310) 2019 +1%/-1% $'000 219/(219) 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 Statement of Financial Position 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. Fluence Corporation Limited 88 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 24 Financial risk management (continued) (b) Credit risk (continued) 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 2020 Trade receivables Other receivables 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 18,884 51 18,935 2,058 - 2,058 20,942 51 20,993 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 Impairment of financial assets In relation to the impairment of financial assets, AASB 9 requires an expected credit loss model. 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 since initial recognition, or if the financial instrument is a purchased or originated credit-impaired financial asset. However, if the credit risk on a financial instrument has not increased significantly since initial recognition (except for a purchased or originated credit-impaired financial asset), the Group is required to measure the loss allowance for that financial instrument at an amount equal to 12-months ECL. AASB 9 also requires a simplified approach for measuring the loss allowance at an amount equal to lifetime ECL for trade receivables, contract assets and lease receivables in certain circumstances. The Group recognises a loss allowance for expected credit losses on investments in debt instruments that are measured at amortised cost, amounts due from customers, as well as on loan commitments and financial guarantee contracts. The amount of expected credit losses is updated at each reporting date to reflect changes in credit risk since initial recognition of the respective financial instrument. Low credit risk financial instruments Some financial instruments are considered low credit risk due to contracts held with certain counterparties, including government organisations with strong capacity to meet contractual cash flow obligations in the near term and not expected to be affected by changes in economic and business conditions. Fluence Corporation Limited 89 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 24 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) 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 minimised 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 minimised by developing a credit score for each counterparty by using historical information such as financial statements or use external rating agencies and developing a standard process to handling overdue accounts. The Company considers the probability of default upon initial recognition of the asset and whether there has been a significant increase in credit risk on an ongoing basis throughout each reporting period. To assess whether there is a significant increase in credit risk the Company compares the risk of a default occurring on the asset as at the reporting date with the risk of default as at the date of initial recognition. In making this assessment, the Group including historical considers both quantitative and qualitative information that 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). Fluence Corporation Limited 90 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 24 Financial risk management (continued) (b) Credit risk (continued) Impairment of financial assets (continued) • 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. 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 2020 Trade and other payables and other liabilities Borrowings Lease liabilities At 31 December 2019 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 26,245 303 704 27,252 41,199 756 599 42,554 16,018 21,400 6,040 43,458 4,909 2,151 6,931 13,991 42,263 21,703 6,744 70,710 46,108 2,907 7,530 56,545 Fluence Corporation Limited 91 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 24 Financial risk management (continued) (c) Liquidity risk (continued) Maturity profile (continued) Non-recourse debt facility On 29 July 2020, The Company entered into a loan agreement with an affiliate of Upwell LLC to provide an initial US$20 million finance facility. The facility can be increased up to $50 million at the Company`s request and at Upwell`s discretion. The facility is available to fund the Build, Own, Operate and Transfer ("BOOT") projects and the Company`s working capital. (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 Upwell, the Company is required to comply with a minimum debt service ratio, minimum unrestricted cash and cash equivalents and collection requirements for Ivory Coast Project Receivable. The debt service ratio and minimum unrestricted cash and cash equivalents are determined on a consolidated basis. The Company has complied with these covenants throughout the reporting period. 25 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). 2020 Recurring fair value measurements Financial liabilities Government grant liability a 2019 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 3,686 3,686 Level 3 $'000 3,686 3,686 Total $'000 - - - - 4,562 4,562 4,562 4,562 Fluence Corporation Limited 92 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 25 Recognised fair value measurements (continued) Fair value hierarchy (continued) Disclosed fair values The group also has assets and liabilities which are not measured at fair value, but for which fair values are disclosed in the notes to the financial statements. Due to their short-term nature, the carrying amount of trade and other receivables, trade and other payables and provisions are assumed to approximate their fair values because the impact of discounting is not significant. Valuation techniques and assumptions used to derive Level 3 fair values recognised in the financial statements The fair value of the government grant liability is determined by the expected time period that the grant liability is to be repaid from the royalty stream from future revenue discounted over time at a rate of 18.2% (2019: 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 2019 Adjustment to fair value of liability Currency translation differences Closing Balance at 31 December 2019 Adjustment to fair value of liability Currency translation differences Closing Balance at 31 December 2020 26 Remuneration of auditors Audit and other assurance services Audit and review of financial statements - BDO Audit Pty Ltd Audit and review of financial statements - BDO related practices a Other services BDO - Non-assurance services (i) Government grant $'000111 4,834 (292) 20 4,562 (1,164) 288 3,686 Consolidated entity 2020 $ 249,000 252,000 501,000 35,600 35,600 2019 $ 222,000 248,360 470,360 44,000 44,000 (i) BDO non-assurance relate to the provision of services in connection with tax lodgement. 27 Commitments and Contingent Liabilities (a) Commitments (i) As at 31 December 2020 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 $1,029 thousand (2019: $1,519 thousand). (ii) The Group has a government grant liability of $3,686 thousand (2019: $4,562 thousand). For more details refer to Note 17 - Trade and other payables and other liabilities. Fluence Corporation Limited 93 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 27 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. 28 Related party transactions Parent entity Fluence Corporation Limited is the legal parent entity in the consolidated Group. Subsidiaries Interests in subsidiaries are set out in Note 30. Key management personnel Disclosures relating to key management personnel are set out in Note 5 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 $60,000 and $144,000 on which the interest payable was accrued at $18,000 and $40,000 for the year 2020. 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 2020 and 2019. 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. The lease expires in December 2024. The lease is automatically renewed for another six years unless either party gives written notice. Rent expense on this lease was approximately $48,000 for the year 2017 post acquisition. The balance future commitment is approximately $128,000 for the year 2021. Fluence USA Inc. purchases goods from Waste Water Depot, LLC, a limited liability company in which an employee of Fluence USA is the member. There was no activity in 2020 other than charges for website address. Fluence Corporation Limited 94 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 29 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 2020 $'000 AUD 31 December 2019 $'000 AUD - 471 41,280 517 1,806 254,749 (6,663) (208,612) 39,474 (13,281) (13,281) - 3,978 72,865 468 492 253,916 13,788 (195,331) 72,373 (38,652) (38,652) 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 2020 Fluence Corporation Limited had no contractual commitment and contingent liabilities. 30 Subsidiaries Name Parent Entity Fluence Corporation Limited Subsidiaries of Fluence Corporation Limited Fluence Water Products and Innovation Limited Fluence Hong Kong Limited Subsidiaries of Fluence Hong Kong Limited Fluence Water Technologies (Jiangsu) Limited Fluence China Limited (Liaoning) Fluence (Hunan) Water Technologies Limited Subsidiaries of Fluence Corporation Limited Fluence Corporation LLC Subsidiaries of Fluence Corporation LLC Place of incorporation Ownership interest 2020 Ownership interest 2019 Australia Israel Hong Kong China China China USA N/A 100% 100% 100% 100% 100% 100% N/A 100% 100% 100% 100% 100% 100% Fluence Corporation Limited 95 Fluence Corporation Limited Notes to the Consolidated Financial Statements 31 December 2020 (continued) 30 Subsidiaries (continued) Name Aeromix Systems, Incorporated 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 FLC Water Mexico S de RL 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 FLC Boot Finance LLC Subsidiaries of Fluence Boot Finance LLC FLC Generate GCM SA de CV GCM Peru Ltda Bimini Water Services Ltd. FLC Water Bahamas Limited Place of incorporation Ownership interest 2020 Ownership interest 2019 USA UAE Israel Israel Italy Colombia Cyprus Mexico Mexico 100% 100% 100% 100% 100% 100% 100% 100% 51% United Kingdom 100% Mexico Mexico Argentina Brazil Italy France USA Egypt USA Mexico Peru Bahamas Bahamas 100% 51% 100% 77% 100% 100% 100% 75% 100% 100% 100% 60% 100% 100% 100% 100% 100% 100% 100% 100% 100% 51% 100% 100% 51% 100% 70% 100% 100% 100% 75% 100% 100% 100% N/A 100% 31 Events occurring after the reporting period No matter or circumstance has occurred subsequent to year end that has significantly affected, or may significantly affect, the operations of the Group, the results of those operations or the state of affairs of the Group or economic entity in subsequent financial years. Fluence Corporation Limited 96 Fluence Corporation Limited Directors' Declaration 31 December 2020 In the Directors' opinion: (a) the Financial Statements and notes set out on pages 42 to 96 are in accordance with the Corporations Act 2001, including: (i) (ii) complying with Australian Accounting Standards, mandatory professional reporting requirements, and the Corporations Regulations 2001 and other giving a true and fair view of the consolidated entity's financial position as at 31 December 2020 and of its performance for the year ended on that date, and (b) there are reasonable grounds to believe that the Group will be able to pay its debts as and when they become due and payable. Note 1(b) confirms that the Financial Statements also comply with International Financial Reporting Standards as issued by the International Accounting Standards Board. This declaration is made in accordance with a resolution of Directors. Richard Irving Chairman and Chief Executive Officer 31 March 2021 New York Fluence Corporation Limited 97 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 2020, the consolidated statement of profit or loss and other comprehensive income, the consolidated statement of changes in equity and the consolidated statement of cash flows for the year then ended, and notes to the financial report, including a summary of significant accounting policies and the directors’ declaration. In our opinion the accompanying financial report of the Group, is in accordance with the Corporations Act 2001, including: (i) Giving a true and fair view of the Group’s financial position as at 31 December 2020 and of its financial performance for the year ended on that date; and (ii) Complying with Australian Accounting Standards and the Corporations Regulations 2001. Basis for opinion We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the Financial Report section of our report. We are independent of the Group in accordance with the Corporations Act 2001 and the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (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. 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. BDO Audit Pty Ltd ABN 33 134 022 870 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 Audit Pty Ltd 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. Recognition of revenue – AASB 15 Revenue from Contracts with Customers and AASB 1059 Service Concession Arrangements Key audit matter How the matter was addressed in our audit The Group is a project driven business and enters into contracts in different geographies. Under AASB 15 Revenue from Contracts with Customers revenues are recognised over time, or at a point in time, as performance obligations are fulfilled. AASB 1059 Service Concession Arrangements is also applicable to the Group’s B.O.T (‘Build, Operate, Transfer’) contracts. Contract revenue is recorded after assessing all factors relevant to each individual contract including:  For revenue recognised over time: The determination of stage of completion and measurement of progress towards satisfaction of performance obligations, including estimation of total contract revenue and costs  For revenue recognised at a point in time: When the performance obligation is satisfied  Determination of transaction price  Estimation of project completion date. This has been determined as a key audit matter due to the:  Degree of estimation required over the course of a contract  Unique nature of individual contract terms 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 is 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:  Evaluating Management’s processes and controls in respect of the recognition of revenue  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 likelihood of risk events Material new contracts High value contracts which may also include more than one performance obligation  For the samples selected, as appropriate, the following procedures were performed: Obtaining an understanding of the contract terms and conditions to evaluate whether they reflected Management’s position including estimate of forecast revenue and costs Reviewing the determination and allocation of each performance obligation and associated margin Vouching 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 the probability of recovery of outstanding amounts by reference to the status of contract negotiations, historical recoveries and supporting documentation.  Assessing the appropriateness of the relevant disclosures in the financial statements. San Quintin Project – Audit of the impairment and classification as a discontinued operation Key audit matter How the matter was addressed in our audit In January 2016 the Group entered into a service concession arrangement in Mexico to build and operate a desalination plant for a period of 30 years. In November 2020 the Group decided it would no longer proceed with the San Quintin project. Following an assessment by the Group at 31 December 2020:  The deemed unrecoverable contract assets were impaired  The project was accounted for as a discontinued operation. The San Quintin contract was considered a Key Audit Matter due to the judgement required, and material nature, of the impairment recognised. The project has been disclosed as a discontinued operation at 31 December 2020. The accounting policy and details for the discontinued operation are disclosed in Note 3 of the accompanying financial report. Our audit procedures included, but were not limited to:  Reviewing legal correspondence between the Group’s Management and the customer as well as Board minutes  Evaluating management’s position paper and the indicators of impairment in relation to the project  Reviewing the judgements and assumptions made by Management to apply the requirements of AASB 5 Non-current Assets Held for Sale and Discontinued Operations  Assessing, on a sample basis, the amounts impaired as a result of the project termination  Reviewing the accounting for the discontinued operation within the group consolidation  Assessing the relevance and adequacy of disclosures within the financial statements. Other information The directors are responsible for the other information. The other information comprises the information in the Group’s annual report for the year ended 31 December 2020, but does not include the financial report and the auditor’s report thereon. Our opinion on the financial report does not cover the other information and we do not express any form of assurance conclusion thereon. In connection with our audit of the financial report, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit or otherwise appears to be materially misstated. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard. Responsibilities of the directors for the Financial Report The directors of the Company are responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards and the Corporations Act 2001 and for such internal control as the directors determine is necessary to enable the preparation of the financial report that gives a true and fair view and is free from material misstatement, whether due to fraud or error. In preparing the financial report, the directors are responsible for assessing the ability of the group to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the directors either intend to liquidate the Group or to cease operations, or has no realistic alternative but to do so. Auditor’s responsibilities for the audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website (http://www.auasb.gov.au/Home.aspx) at: https://www.auasb.gov.au/admin/file/content102/c3/ar1_2020.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 13 to 37 of the directors’ report for the year ended 31 December 2020. In our opinion, the Remuneration Report of Fluence Corporation Limited, for the year ended 31 December 2020, 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 Audit Pty Ltd Tim Fairclough Director Melbourne, 31 March 2021 Fluence Corporation Limited Shareholder information 31 December 2020 The shareholder information set out below was applicable as at 20 April 2021. A. Distribution of equity securities Analysis of numbers of ordinary shareholders by size of holding: Holdings Ranges Holders Total Units % 1-1,000 1,001-5,000 5,001-10,000 10,001-100,000 100,001-999,999,999 Totals 549 1,298 699 1,678 351 4,575 138,016 3,764,545 5,650,892 58,130,099 557,170,482 0.020 0.600 0.900 9.300 89.170 624,854,034 100.000 Based on the Fluence closing share price on 20 April 2021 of A$0.23, there were 986 holders of less than a marketable parcel of ordinary shares. B. Equity security holders Twenty largest equity security holders The names of the twenty largest registered holders of Fully Paid Ordinary Shareholders are listed below: Name RSL INVESTMENTS CORPORATION HSBC CUSTODY NOMINEES CITICORP NOMINEES PTY LIMITED POND VENTURES NOMINEES 111 LIMITED RSL CAPITAL LLC PLAN B VENTURES I LLC CS THIRD NOMINEES PTY LIMITED J P MORGAN NOMINEES AUSTRALIA PTY LIMITED HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED BNP PARIBAS NOMINEES PTY LTD EMPLOYEE EQUITY ADMINISTRATION PTY LTD JAGEN PTY LTD MR HAO JING PYXIS HOLDINGS PTY LTD BOND STREET CUSTODIANS LIMITED DR STUART LLOYD PHILLIPS & MRS FIONA JANE PHILLIPS MR RONEN ITZHAK SHECHTER NATIONAL NOMINEES LIMITED PAYNE MEDIA PTY LTD MS QUNYAN WU Total Securities of Top 20 Holdings Total Securities of remaining shareholders Total of Securities Balance as at 20-04-2021 131,037,848 52,946,075 36,396,027 36,264,579 31,046,683 20,007,151 % 20.97% 8.47% 5.83% 5.80% 4.97% 3.20% 19,415,624 3.11% 18,053,242 17,214,721 15,250,094 14,166,593 11,644,393 9,100,000 5,400,000 5,000,000 4,850,000 4,823,896 4,480,515 4,108,571 3,056,941 2.89% 2.76% 2.44% 2.27% 1.86% 1.46% 0.86% 0.80% 0.78% 0.77% 0.72% 0.66% 0.49% 444,262,953 71.10% 180,491,081 28.90% 624,854,034 100.00% Fluence Corporation Limited 102 Fluence Corporation Limited Shareholder information 31 December 2020 B. Equity security holders (continued) Options (not listed) Class of options Total number granted Number of holders Lowest exercise price Highest exercise price Earliest expiry date Latest expiry date Director Options 18,872,938 7* $0.60 $1.50 13 July 2021 14 July 2025 Issued under the Company’s ESOP 15,618,969 211 $0.23 $1.50 3 May 2021 25 May 2025 Total 34,491,907 218 * Includes vested options for past Directors. C. Substantial holders Substantial holders in the company, as disclosed in substantial holder notices given to the Company under the Corporations Act, are set out below: Number held Percentage RSL Investments Corporation and RSL Capital LLC 165,408,542 26.47% Watermark Services, LLC as the Investment Manager of each of 2020 Foundation, Inc and Spark Investments, LLLC 52,846,024 8.46% Pond Ventures Nominees 111 Limited and Richard Irving 37,264,579 5.96% D. Other information Voting rights The voting rights attached to ordinary shares are set out below: Ordinary shares On a show of hands every member present at a meeting in person or by proxy shall have one vote and upon a poll each share shall have one vote. Other classes of equity securities do not carry voting rights. On-market buy-back There is no current on-market buy-back Fluence Corporation Limited 103 Fluence Corporation Limited Shareholder information 31 December 2020 Shareholder enquiries Shareholders with enquiries about their shareholdings should contact the share registry: Boardroom Pty Ltd Level 12, 225 George Street, Sydney, NSW, 2000, Australia Telephone: 1300 737 760 (local), +61 2 9290 9600 (international) Email: enquiries@boardroomlimited.com.au Change of address, change of name, consolidation of shareholdings Shareholders should contact the Share Registry to obtain details of the procedure required for any of these changes. Annual report Shareholders do not automatically receive a hard copy of the Company's Annual Report unless they notify the Share Registry in writing. An electronic copy of the Annual Report can be viewed on the company's website: www.fluencecorp.com Corporate Governance Statement Refer to the Company's Corporate Governance statement at: https://www.fluencecorp.com/investor-news/ 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 Sub-register 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 Ms Melanie Leydin. Registered office The address of the registered office is Level 4, 96-100 Albert Road, South Melbourne VIC 3205, Australia. Phone: +61 3 9692 7222 Stock exchange listing Quotation has been granted for all the ordinary shares of the Group on all member exchanges of the Australia Securities Exchange Limited. Fluence Corporation Limited 104

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