Nufarm Limited
Annual Report 2008

Plain-text annual report

Nufarm Limited Annual Report 2008 robust and sustainable growth contents 01 Key events 01 Facts in brief 33 Directors’ report 43 Lead auditor’s independence declaration 03 Managing director’s review 44 Income statements 09 Business review 45 Balance sheets 14 Health, safety and environment 18 Management team 46 Statements of cash flows 47 Statements of recognised income and expense 20 Board of directors 48 Notes to the financial statements 24 Corporate governance 117 Directors’ declaration 118 Independent audit report 120 Shareholder and statutory information 124 Directory key events – Record operating result – Improved climatic conditions in Australia – Strong margin gains in Europe – Product portfolio expansion across all regions – One-off inventory build in glyphosate – Board approves dividend reinvestment plan facts in brief Trading results Profit attributable to shareholders Abnormal gain/(loss) Operating profit after tax Sales revenue Total equity Total assets Ratios Earnings per ordinary share Net debt to equity Net tangible assets per ordinary share Distribution to shareholders Annual dividend per ordinary share People Staff employed 12 months ended 31 July 2008 $000 12 months ended 31 July 2007 $000 137,915 (25,961) 163,876 2,492,458 1,305,218 3,213,880 69.7¢ 69% $2.60 148,796 28,528 120,268 1,764,384 1,029,151 2,438,911 59.2¢ 36% $2.61 35¢ 32¢ 3,112 2,488 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 01 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 02 managing director’s review A record operating profit for the company reflects strong performances from all of Nufarm’s regional crop protection businesses against a background of positive business conditions for the company and for agriculture in general. Doug Rathbone AM Managing director and chief executive The tax paid operating profit was $163.9 million for the year ended 31 July 2008, an increase of 36 per cent on the previous year. Reported profit for the period was $137.9 million, after the $26 million after tax impact of non-operating losses. Group revenues increased 41 per cent to $2.49 billion and operating earnings before interest and tax (EBIT) was up 53 per cent, to $308.9 million, over the previous year. Earnings per share (on an operating basis, excluding discontinued operations,) were 69.7 cents, compared with last year’s 59.2 cents, an increase of 18 per cent. Non-operating items The company’s total net profit of $137.9 million included a $26 million after tax loss associated with non-operating items. The major non-operating item was associated with a previously disclosed barter trade contract in Brazil that was terminated at an after tax cost of $22.6 million. A thorough review of the company’s barter trade practices in Brazil has subsequently resulted in new risk management policies and head office authorisation requirements. There was also a net non-cash foreign exchange loss of $2.8 million at 31 July relating to the Nufarm Step-up Securities (NSS). The foreign exchange exposure on the funding utilisation from the NSS has been hedged over the term of the securities andwill guarantee a cash gain of $19.6 million on maturity in the 2012 financial year. Final dividend increases Directors declared a fully franked final dividend of 23 cents per share, resulting in a full year dividend of 35 cents. This is nine per cent, or three cents, higher than the dividend paid in the previous year. The final dividend will be paid on 17 November 2008 to the holders of all fully paid shares in the company as at the close of business on 24 October 2008. The company has previously advised the market that the growth of the its business outside of Australia – combined with an increase in dividend payments and a higher number of shares on issue – will result in lower franking credit capacity in the future. This dividend is likely to be the final fully franked dividend the company will be in a position to pay. The level of franking credits on future dividends will depend on the amount of future taxation paid in Australia. The directors intend to review the company dividend distribution policy before payment of the next dividend. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 03 managing director’s review continued Dividend reinvestment plan Directors also approved a dividend reinvestment plan (DRP), whereby shareholders will be given the opportunity to reinvest dividend proceeds in Nufarm shares, offered at a 2.5 per cent discount to the volume weighted average price calculated over a period and on a basis to be determined by the board. The DRP will be fully underwritten and details of the plan have been mailed to all shareholders. Subsequent events Acquisition of Lefroy Seeds On 24 September 2008, Nufarm signed an agreement to acquire Lefroy Seeds Pty Ltd, based in Toowoomba, Queensland. Lefroy Seeds specialises in hybrid breeding, production and commercialisation activities in sunflower and sorghum. The company has established registrations, sales and commercial partnerships in Australia, Argentina, South Africa, China, Pakistan, Thailand and various countries in Europe. The acquisition of Lefroy Seeds further supports the Nuseed strategy of building genetic strength in key crops, developing global partnerships, and creating value from crop outputs. Combined with the advancement of Monola™ germplasm, the addition of the Lefroy business means Nuseed is now well positioned as a global partner to produce healthy vegetable oils in multiple countries. High oleic canola and sunflower oils are quickly becoming the world standard for food companies and restaurants committed to the reduction of transfat and saturated fats from their food labels and menus. The acquisition involves total consideration of $11.5 million, the majority of which will be paid in Nufarm equity. UK Commerce Commission As announced by the company on 1 September 2008, the UK Competition Commission has initiated an investigation into possible competition concerns that might arise as a result of the AH Marks acquisition. The review is expected to be complete by mid February 2009. Combined Nufarm and AH Marks UK annual sales of the main products under investigation amount to £4 million, with AH Marks sales of those products totalling less than £1.5 million. Nufarm is cooperating fully with the Competition Commission in an effort to clarify and address any such concerns. Regulators in other jurisdictions are also reviewing aspects of the acquisition. Certain restructuring proposals for the business have been delayed pending completion of the UK review. International financial crisis No company will be immune from the current international financial crisis. There is the potential for increased interest costs and widely fluctuating exchange rates, which could have a detrimental impact on the future performance of a broad range of businesses. The instability in global finance markets is causing difficulties for several significant overseas financial institutions. Nufarm has no facilities with any of these financial institutions. Nufarm is involved in a highly seasonal business and, as such, maintains significant short term financing lines with its relationship banks. Many of these lines have annual review points, primarily in the October to December period. Discussions with key relationship banks have reaffirmed their support of Nufarm and, subsequent to balance date, Nufarm has increased its facilities with some financiers. The directors believe that the business fundamentals in agriculture remain very strong and the current instability in financial markets is not anticipated to have any material impact on the company’s performance or projected guidance. Treasury Net debt to equity was 69 per cent at 31 July 2008. This compares with a gearing level of 57 per cent the previous year, calculated on a pro-forma basis and inclusive of the debt associated with acquiring the balance of Agripec late in the 2007 financial year. In the 2007 accounts, trade and other payables included $219 million related to the final payment in the acquisition of Agripec (Brazil). Adjusting for this amount, net working capital has increased by $215 million on the previous year. Higher inventory levels and the working capital associated with the two acquisitions completed late in the 2008 year were the major contributors to this increase. Given the strong demand outlook for glyphosate and a tightening in availability of supply, the company took measures to secure additional supplies of glyphosate late in the financial year. Glyphosate is the company’s largest selling product and management is forecasting strong volume related growth in glyphosate sales over the medium term as Nufarm consolidates its position as the second 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 04 managing director’s review continued * 2007: the pro-forma calculation includes Agripec-related debt. Note: in the above graphs, data for the years 2005 to 2008 is reported using AIFRS, with AGAAP for 2004. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 05 managing director’s review continued largest global supplier of this key product. The value of glyphosate intermediate increased substantially over the 12 months to 31 July 2008 and this is reflected in the high inventory costs at that date. Lower than forecast sales in the US in June/July, due to the impact of widespread flooding, also contributed to higher than expected stock levels at year end. The higher working capital requirements affected cash flows, with cash flow from operations at $57 million and total net operating cash flow at 31 July being a negative $127.4 million. People: underpin our performance The strength of our results is underpinned by the commitment and performance of Nufarm management and employees. Shareholders are fortunate that the company is served by a talented and experienced group of people who have helped build a robust business that continues to win admiration within the global crop protection industry. The company is strongly committed to attracting, retaining and developing the best possible people to ensure we continue to grow value and maintain the systems and safeguards necessary to manage a geographically diverse and challenging business. Outlook: positive growth momentum The company remains strongly focused on its geographic and product portfolio expansion strategy and is in an excellent position to again achieve strong revenue and earnings growth in the current 2009 financial year. The company is forecasting an after tax operating profit of between $220 million and $230 million in the current year. Additional sales of existing core products, including glyphosate and phenoxy herbicides, will result from both demand driven volume expansion and market share growth, particularly in Nufarm’s businesses in the Americas and Europe. The company expects to strengthen its position in distribution in markets such as the US, Canada, Brazil, France and Germany and continue to build on relatively new market positions such as those in Italy and eastern Europe. A significant number of new products are scheduled for regulatory approval and launch in the current financial year. These product introductions will strengthen Nufarm’s position in the valuable cereal fungicide and herbicide segments in Europe and will facilitate entry to the global seed treatment market, the industry’s fastest growing segment. The current year will also be the first full year where the company has had product portfolio offerings in segments such as pasture and cotton in the US and Brazil, as well as a new citrus position in Brazil, which is the world’s largest producer of orange juice. Volume growth in existing products and new product introductions will contribute to strong underlying growth in the Nufarm business over the course of the year. In addition, structural changes to Nufarm’s glyphosate supply position is expected to result in improved profitability. The company recently entered into a new global supply contract with Monsanto and established partnerships with several glyphosate producers in China. These partnerships will allow Nufarm, for the first time, to share in manufacturing margin. Acquisitions completed in the 2008 financial year are also expected to contribute strongly to earnings growth in 2009 and beyond. Consistent with previous guidance provided by the company, those acquisitions (the Etigra business and AH Marks,) are expected to contribute some $24 million on a net profit after tax basis. Nufarm’s forecast profit growth for the current year assumes average seasonal conditions in the company’s major markets. Global demand for agricultural produce is expected to remain strong, although commodity prices may well soften below the highs achieved over the past 12 months. In general, Nufarm sees continued changes to farming practices that facilitate yield improvement, particularly in developing agricultural markets. Those changes will see the use of a range of farm inputs optimised, including crop protection products. Directors believe the company is very well positioned to continue its positive growth momentum over the medium term and is ideally placed to capitalise on new expansion opportunities as they arise. Doug Rathbone AM Managing Director 25 September 2008 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 06 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 07 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 08 business review Nufarm achieved significant progress on its strategic growth plan in the 2008 financial year. Nufarm strengthened its position in existing markets and continued its expansion into new markets, securing volume and market share growth and broadening the company’s product portfolio. This progress was achieved against a background of very positive business conditions in the agriculture sector, with farmers securing high prices for their crops and strong demand for agricultural inputs. While raw material and labour costs increased during the period, the company was able to recover the impact of those cost increases and achieve margin expansion with continued changes to product mix and improved supply chain efficiencies. Australasia generated $875 million in sales (35 per cent of total sales) but, as a proportion of total sales, continues to decline due to the increasing importance of other regional businesses. North America recorded $631 million in sales (26 per cent of total); South America generated total sales of $431 million (17 per cent); and Europe $555 million (22 per cent). Australasia: water concerns continue The Australasian business generated $875 million in sales and a segment profit (segment earnings before interest and tax) of $147.6 million in the 2008 financial year. This represents revenue growth of some 28 per cent on the previous year and 44 per cent growth in segment profit over last year’s somewhat depressed results due to the prevailing dry conditions that affected most parts of rural Australia. After several years of severe drought, seasonal conditions in many cropping regions of Australia improved over the course of the financial year. After a slow first quarter, widespread rains in Queensland and New South Wales during December and January saw demand for crop protection products increase sharply in response to favourable summer cropping conditions. While autumn rainfall varied from region to region, the major winter crop plantings were up on last year and growing conditions in many regions remained positive, driving strong sales of crop protection products. However, water storages in Australia remained at very low levels and this continued to have a negative impact on Nufarm’s sales into a number of market segments, particularly horticultural crops in the Murray Darling basin. Cotton and rice plantings also remained down. Glyphosate prices in Australia – and in other world markets – increased substantially on the back of higher input costs and very strong global demand. Nufarm’s leadership position in the Australian glyphosate market ensured the company was well positioned to meet increased demand, particularly in the early part of the season before broader global supply constraints became apparent. New Zealand crop protection sales were up by some 20 per cent on the previous year, reflecting good volume growth and market share gains. Following a dry autumn, winter conditions were relatively wet and disrupted farming operations including winter weed control in a number of regions. Sales in Malaysia and Indonesia were also higher than in the previous year, with a corresponding increase in profitability. During the period, Nufarm concluded an agreement with Monsanto to assume management of the Roundup® glyphosate brand in Indonesia. North America: strengthening growth North American sales – at $631 million for the year – were up by 22 per cent in Australian dollars but, when measured in local currencies, increased by just over 30 per cent. This continued a very positive trend of revenue growth in this region over a number of years. Segment profit in North America improved by 32 per cent to $84.5 million. Nufarm’s position in the US market – where sales increased by approximately 25 per cent in local currency – continues to strengthen with improved customer relationships; a high level of regulatory activity and new product introductions; and market share growth in core chemistries. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 09 business review continued Seasonal conditions were varied leading to timing impacts in some market segments. Widespread flooding through the Midwest late in the reporting period meant sales of both glyphosate and post emergent herbicides were either delayed or lost, resulting in higher year end inventory levels. Despite this, the company generated strong volume growth and saw stronger pricing across most of its US product range. The insecticide portfolio was expanded and a new seed treatment team was established, with initial sales commencing in this high growth segment. The acquisition of the Etigra business, announced in March 2008, has substantially strengthened Nufarm’s position in specialty crop markets such as turf and ornamentals. The integration of this business is now complete and target earnings contributions for the balance of the 2008 financial year were achieved. In Canada, higher crop prices led to increased wheat and canola plantings helping to drive strong sales growth for the Nufarm business. A cool, wet spring depressed pre-plant glyphosate volumes, however total glyphosate sales were up as growers planted additional Roundup Ready® crops. New co-distribution arrangements with other major suppliers gave the Canadian business access to an expanded product portfolio. Colombia (also reported as part of the North American segment) saw increased sales and margin expansion during the year. South America: new geographic segment South American sales totalled $431 million for the 12 months to the end of July. This is the first year South America has been reported as a separate geographic segment. Segment profit was $59.3 million. On a pro-forma basis – assuming the company’s Brazil operations were 100 per cent owned and fully consolidated for the full 12 months of the previous year – this compares with 2007 South American sales of $337 million and a segment profit of $49.2 million. In its first full year as a fully owned and consolidated business, Nufarm’s operations in Brazil performed well, achieving some 25 per cent growth in revenue (local currency) and strong growth in operating EBIT. Total EBIT contribution from Brazil was $51 million. This compares with a contribution of $22.4 million in the previous year. This was $14.6 million in earnings for the final two months of the year when the business was consolidated and equity accounted earnings of $7.8 million for the balance of the year. On a pro-forma basis, the comparable 2007 EBIT contribution from Brazil in 2007 (assuming 100 per cent ownership for the full 12 months) was $39.9 million. The Brazilian crop protection market has recovered strongly from the farm credit crisis that had a negative impact on growers and agricultural input suppliers during the previous two years. A more stable currency and higher crop prices, particularly for soybeans, improved the profitability and trading terms for Brazilian growers. Payment collections have been achieved on schedule as a result of the better market conditions. Nufarm has increased its market share in Brazil, with a stronger position in local distribution, and new product introductions into important crop segments, including sugar and pasture. Despite some general market disruptions, Argentina sales increased by almost 40 per cent (local currency), driven by stronger volumes and prices. Margins were also higher, with both glyphosate and several new product introductions contributing to improved profitability. However, political unrest and farmer demonstrations in Argentina had a negative impact on the last quarter of the financial year. Drought conditions in Chile depressed total industry sales in that market. Nufarm saw a small increase in revenues but higher sales of stronger margin products such as ‘Nuprid’ (imidacloprid) led to a substantial improvement in gross margins and profit contribution. Europe: sales and profit contributions up European sales were up by 26 per cent year on year to $555 million, with segment profit improving substantially ($56.2 million versus $36.8 million in 2007). Sales and profit contributions were up in all of Nufarm’s European businesses. Seasonal conditions were generally positive, with a recovery 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 10 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 11 business review continued from drought in Spain and Portugal helping drive overall growth in crop protection sales in those markets. Farmer confidence was also aided by higher crop prices and this encouraged stronger demand for farm inputs. Changes to the European Union’s ‘set-aside’ policy saw additional acreage come into production during the year. Nufarm’s businesses in France, Spain and Portugal saw more than 30 per cent increases in sales of branded products. Higher value glyphosate sales, new product introductions, and improvements in logistics/supply chain all combined to boost both revenues and profit. In Italy, Nufarm completed its first full year of ownership of the former Agrosol business (acquired October 2006). Annual revenues at the time of acquisition were some €6 million. In the year just completed, Italy generated more than €17 million in sales. Strong profit growth in Germany (EBIT up 25 per cent in local currency) and in the UK (EBIT growth of almost 50 per cent) reflected successful launches of new cereal fungicides and herbicides. The company continued its expansion into central and eastern European markets. Sales growth was again strong in Romania and Nufarm established a direct operating presence in Hungary with excellent first year results. These markets continue to see increased investment in farming technology, leading to significant growth in crop protection sales. Nufarm’s European based manufacturing facilities operated to near full capacity with improved efficiencies during the year, enhancing overhead recoveries and contributing to gross margin expansion. Nufarm announced in March that it had acquired UK based AH Marks, a phenoxy herbicide manufacturer and third party supplier. The acquisition will consolidate Nufarm’s position as the leading global supplier of phenoxy herbicides and delivers important synergies in the areas of manufacturing efficiency; product development; regulatory resources and product distribution. Seeds: strategic position develops Nufarm continued to develop its strategic position in seeds and this business remains in a development phase. Improved seasonal conditions in Australia resulted in an increase in sales from Nufarm’s seed businesses. As Australia’s leading breeder and supplier of canola seed, the company capitalised on stronger plantings of canola throughout the country. A number of new varieties were successfully launched, including Nuseed’s Roundup Ready® canola. This technology was enthusiastically received by growers in a limited initial commercial release and indications to date are that it is performing strongly at this stage of the growing season. Other conventional varieties also established strong positions. The specialty Monola™ canola crop – a variety bred to produce oil with improved cooking and health properties and produced under a closed loop marketing system – is also looking positive. Seed breeding and development work continued in relation to several crop varieties. Two new canola varieties were commercially launched in Argentina based on genetics developed in Nuseed’s Australian pipeline. The seeds business generated a small loss for the financial year, in line with forecast. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 12 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 13 health, safety and environment In recent years, Nufarm has made important progress across a range of health, safety and environment measures. The resurgence in global agriculture means our plants are manufacturing record levels of crop protection products. This pressure to produce more sooner means we need to be more diligent than ever in maintaining a safe working environment. In the 2007 calendar year we missed two important targets in the frequency rates for lost time and medical treatment injuries while achieving the severity target. Regrettably, a contract salesman was killed in an Indonesian road accident. We are determined that this is only a temporary trend reversal and have rolled out across our European operations the safety behaviour and culture courses that were trialled successfully in Australia. Existing programmes are constantly revised and updated and ‘Take 5’ has been extended to all new locations. As our operating base expands we are decreasing the environmental impact of our operations with continuing improvements in energy and water usage. Despite the substantial reduction in total water and energy consumption and the equivalent CO2 emissions with the July 2007 divestment of our interest in two West Australian chlor-alkali plants, other plants continue to increase production while improving resource use and reducing CO2 emissions. Water consumption reduced a further 10 per cent per tonne of product and total waste (excluding salt) came down by 14 per cent per tonne production. Nufarm’s ninth annual health, safety and environment report may be downloaded from the corporate website, together with separate reports from manufacturing sites. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 14 health, safety and environment continued 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 15 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 16 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 17 management team Doug Rathbone AM Managing director and chief executive Brian Benson Group general manager agriculture Rodney Heath Group general manager corporate services and company secretary Kevin Martin Chief financial officer Dale Mellody Group general manager marketing and president North America Bob Ooms Group general manager chemicals Mike Pointon Group general manager innovation and development David Pullan Group general manager operations Robert Reis Group general manager corporate strategy and external affairs 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 18 management team continued Doug Rathbone AM Kevin Martin Mike Pointon Managing director and chief executive Doug Rathbone’s background is chemical engineering and commerce and he has worked for Nufarm Australia Limited for 35 years. Doug was appointed managing director of Nufarm Australia in 1982 and managing director of Nufarm Limited in October 1999. He joined the board of directors in 1987. He was appointed to the board of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) in 2007. Brian Benson Group general manager agriculture Brian Benson joined Nufarm in 2000, bringing with him extensive experience in the crop protection industry in the areas of international marketing and strategy. He has degrees in agricultural science and business administration. Brian is responsible for Nufarm’s regional sales operations and commercial strategy. Rodney Heath Group general manager corporate services and company secretary Rod Heath is a bachelor of law and joined the company in 1980, initially as legal officer, later becoming assistant company secretary. In 1989, Rod moved from New Zealand to Australia to become company secretary of Nufarm Australia Limited. In 2000, Rod was appointed company secretary of Nufarm Limited. Chief financial officer Kevin Martin is a chartered accountant with over 26 years of experience in the professional and commercial arena. After joining Nufarm in 1994, he was responsible initially for the financial control of the crop protection business. Since 2000, Kevin has been responsible for all financial, treasury and taxation matters for the group. Dale Mellody Group general manager marketing and president North America Dale Mellody joined Nufarm as a territory manager in 1995, having completed his bachelor of agricultural science. Promoted to head office in 1997, he has had various roles in the global marketing group and has assisted with a number of company acquisitions. Dale was promoted to the senior management group in July 2005 and is responsible for Nufarm’s global marketing. Now based in the US, Dale also heads Nufarm’s North American regional operations. Group general manager innovation and development Mike Pointon joined Nufarm in 2001 and was responsible for Nufarm’s southern European business based in France. He has a degree in agricultural science and over 25 years experience in the crop protection industry. Most recently based in Melbourne with responsibility for Nufarm’s global glyphosate business. Mike, appointed to the executive team in July 2008, is responsible for the group’s product development and regulatory affairs activities. David Pullan Group general manager operations David Pullan joined the company in 1985. A mechanical engineer, David has extensive experience in chemical synthesis and manufacturing, having held a variety of operational and management positions in the oil and chemical industries. David is responsible for all of Nufarm’s global manufacturing and production sites. Bob Ooms Robert Reis Group general manager chemicals Bob Ooms joined the company in 1999. An industrial chemist by training, he has more than 40 years experience in the chemical industry in a variety of positions, including many years in senior management. Bob has executive management responsibility for global supply chain issues. Group general manager corporate strategy and external affairs A former journalist, political adviser and lobbyist, Robert joined Nufarm in 1991. Robert is responsible for global issues management, investor relations, media, government and stakeholder relations. Robert also has executive management responsibility for corporate strategy, human resources and organisational development. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 19 board of directors Kerry Hoggard Chairman Doug Curlewis Deputy chairman Doug Rathbone AM Managing director and chief executive Bruce Goodfellow Director Garry Hounsell Director Donald McGauchie AO Director John Stocker AO Director 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 20 board of directors continued Kerry Hoggard Chairman Kerry Hoggard, 67, joined the board in 1987. He has a financial background, beginning his career with the company in 1957 as office junior and rising, through a number of accounting, financial and commercial promotions to be chief executive officer in 1987. On his retirement in October 1999, he was appointed chairman of the board. Kerry is a member of the audit and remuneration committees. Doug Curlewis Deputy chairman GDW (Doug) Curlewis, 67, joined the board in January 2000. He has a master of business administration and was formerly managing director of National Consolidated Ltd. He is also a director of GUD Holdings Ltd, Graincorp Limited and Sigma Pharmaceuticals Limited. In the past three years Doug has been a director of Pacifica Group Ltd (nine years) and Remunerator Australia Pty Ltd (seven years). Doug is deputy chairman of the board, chairman of the remuneration and nomination committees and a member of the audit committee. Doug Rathbone AM Managing director and chief executive Doug Rathbone AM, 62, joined the board in 1987. His background is chemical engineering and commerce and he has worked for Nufarm Australia Limited for 35 years. Doug was appointed managing director of Nufarm Australia in 1982 and managing director of Nufarm Limited in October 1999. He was appointed to the board of the CSIRO in 2007. Bruce Goodfellow Dr WB (Bruce) Goodfellow, 56, joined the board representing the holders of the ‘C’ shares in 1991. Following the conversion of the ‘C’ shares into ordinary shares, he was elected a director in 1999. He has a doctorate in chemical engineering and experience in the chemical trading business and financial and commercial business management experience. Bruce is chairman of Refrigeration Engineering Co Ltd and a director of Sanford Ltd, Sulkem Co Ltd, and Cambridge Clothing Co Ltd. Bruce is a member of the nomination committee. Garry Hounsell GA (Garry) Hounsell, 53, joined the board in October 2004. He has a bachelor of business (accounting) and is a former senior partner with Ernst & Young and a former Australian country-managing partner with Arthur Andersen. He has extensive experience across a range of areas, relating to management and corporate finance and has worked with some of Australia’s leading companies in consulting and audit roles, with a particular emphasis in the manufacturing sector. Garry is chairman of Pan Aust Ltd and deputy chairman of Mitchell Communication Group Ltd and a director of Qantas Airways Limited and Orica Ltd. Garry is chairman of the audit committee. Donald McGauchie AO DG (Donald) McGauchie AO, 58, joined the board in 2003. He has wide commercial experience within the food processing, commodity trading, finance and telecommunication sectors. He also has extensive public policy experience, having previously held several high-level advisory positions to the government including the Prime Minister’s Supermarket to Asia Council, the Foreign Affairs Council and the Trade Policy Advisory Council. He is currently chairman of Telstra Limited, a member of the board of the Reserve Bank of Australia and a director of James Hardie Industries NV. In the past three years Donald has been a director of National Foods Ltd (five years) and Ridley Corporation Limited (six years). Donald is a member of both the remuneration and nomination committees. John Stocker AO Dr JW (John) Stocker AO, 63, joined the board in 1998. He has a medical, scientific and management background and was formerly chief scientist of the Commonwealth of Australia and is now the chairman of CSIRO. He is a principal of Foursight Associates Pty Ltd and Chairman of Sigma Pharmaceuticals Ltd. He is a director of Telstra Corporation Ltd and Circadian Technologies Ltd. In the past three years John has been a director of Sigma Company Limited (eight years) and Cambridge Antibody Technology Group plc (11 years). John is a member of the audit committee. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 21 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 22 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 23 corporate governance Introduction Nufarm’s board processes are under constant review to ensure our systems protect the interests of all stakeholders. As part of this review, we consider the Corporate Governance Principles and Recommendations (‘the ASX principles’) 2nd Edition, published by the Australian Securities Exchange Limited’s (ASX) Corporate Governance Council. Copies of our corporate governance practices are publicly available on the corporate governance section of our website: www.nufarm.com Compliance with ASX Principles The ASX Listing Rules require Nufarm to disclose in our annual report the extent to which we have adopted the 27 best practice recommendations during our reporting period and, where we do not comply, to explain why not. Nufarm believes it complies with all the ASX principles with the following exception: Recommendation 2.2 recommends that the chairman should be an independent director. Our chairman is elected annually at the directors’ meeting immediately following the annual general meeting (AGM). Kerry Hoggard is board chairman, and is not deemed an independent director in accordance with the tests set out in principle 2 of the ASX principles. This corporate governance report reaffirms the statements contained in our governance reports since 2003 that the board unanimously continues to support Kerry as chairman, believing this to be clearly in the best interest of all stakeholders. Kerry’s history with the company, including his detailed knowledge of the industry where the company operates and his extensive accounting, financial and commercial background, bring invaluable experience and unique skills to Nufarm. Kerry continues to apply judgment independent of management in all decision making. He discharges his role with a strong commitment to considerations of governance and disclosure. Doug Curlewis, an independent director, is deputy chairman of the board. Management and oversight of Nufarm The board The governing body of the company is the board of directors. Its clear responsibility is to oversee the company’s operations and ensure that Nufarm carries out its business in the best interests of all shareholders and with proper regard to the interests of all other stakeholders. The board has set specific limits to management’s ability to incur expenditure, enter contracts or acquire or dispose of assets or businesses without full board approval. The board’s specific responsibility is to: • ratify, monitor and review strategic plans for the company and its business units; • approve financial and dividend policy; • review the company’s accounts; • approve and review operating budgets; • approve major capital expenditure, acquisitions, divestments and corporate funding; • oversee risk management and internal compliance; and • control codes of conduct and legal compliance. The board is also responsible for: • the appointment and remuneration of the managing director; • ratifying the appointment of the chief financial officer and the company secretary; and • reviewing remuneration policy for senior executives and Nufarm’s general remuneration policy framework. The board charter clearly defines the board’s individual and collective responsibilities and describes those delegated to the managing director and senior executives. The board annually reviews its composition and terms of reference for the board, chairman, board committees and managing director. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 24 corporate governance continued There are seven scheduled board meetings each year. When necessary, additional meetings are convened to deal with specific issues that require attention before the next scheduled meeting. Each year the board also reviews the strategic plan and direction of the company. At 31 July 2008, there are three board committees: audit; remuneration; and nomination. All directors are entitled to attend any committee meeting. Details of the attendances at meetings of board and committees during the reporting period appear on page 34 of this report. Evaluating the performance of senior executives Nufarm’s senior executive team comprises a group of long serving career Nufarm or crop protection executives. The performance of the senior executive team is reviewed by the managing director, and then the remuneration committee and the board, as part of the annual remuneration review. In the case of the managing director, the remuneration committee and the board conduct his review. A key consideration for the board is the company’s return on funds employed (ROFE) performance. ROFE is, and has been for some 20 years, a core feature of Nufarm’s culture, involving many aspects of the company’s financial management. ROFE provides the senior executive with guidance as to how shareholder value can be increased by improving operating income and using capital more efficiently. We believe that if management concentrates on improving ROFE, then sustained shareholder value will result. For this reason, and the profile of the senior executive described on page 19, the board believes ROFE is the appropriate performance condition for the company’s senior executive incentive programme. However, the board also reviews the company’s total shareholder return (TSR) performance with that of other peer group companies. In the reporting period, a performance evaluation of senior executive was undertaken in accordance with this process. The company is managed according to the recommendations of ASX Principle 1. A summary of the board charter is available on the corporate governance section of the company’s website. Board of directors Composition There are seven members of the board with a majority of independent non-executive directors who have an appropriate range of proficiencies, experience and skills to ensure that it discharges its responsibilities with the best possible management of the company in mind. The company’s constitution specifies that the number of directors may be neither less than three, nor more than 11. At present there are six non-executive directors and one executive director, namely the managing director, and the board has decided at this time that no other company executive will be invited to join the board. Independence Directors are expected to bring independent views and judgment to the board. The board applies the framework set out in ASX Principle 2 to determine the independence of directors. To decide whether a director has a material relationship with the company that may compromise independence, the board considers all relevant circumstances. The board reviewed the ASX principles and the circumstances of individual directors and believes it is unnecessary to define any specific materiality limits, except that a substantial shareholder is defined as one who holds or is associated directly with a shareholder controlling in excess of five per cent of the company’s equity. Tenure The board believes that the way directors discharge their responsibilities and their contribution to the success of the company determines their independence and justifies their positions. The nomination committee reviews the performance of directors who seek to offer themselves for re-election at a company AGM. That committee then recommends to the board whether or not it should continue to support the nomination of the retiring directors. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 25 corporate governance continued The board conducts an annual review of the independence of directors, and at the date of this report, it has determined that the status of directors is as follows: Independent non-executive directors GDW Curlewis GA Hounsell DG McGauchie Dr JW Stocker Non-independent non-executive directors KM Hoggard Dr WB Goodfellow Executive director DJ Rathbone Profiles of each board member, including terms in office, are on page 21 of this report. Access to independent advice To help directors discharge their responsibilities, any director can appoint legal, financial or other professional consultants, at the expense of the company with the chairman’s prior approval, which may not be unreasonably withheld. The board charter provides that non-executive directors may meet without management present. Conflicts of interest Board members must identify any conflict of interest they may have in dealing with the company’s affairs and then refrain from participating in any discussion or voting on these matters. Directors and senior executives must disclose any related party transactions in writing. Chairman of the board The chairman is elected annually at the directors’ meeting immediately following the company’s annual general meeting. According to the tests set out in ASX Principle 2, Nufarm’s chairman, Kerry Hoggard, is not an independent director. The reasons why we unanimously support Kerry’s appointment are set out on page 24 of this report. Doug Curlewis, an independent director, is deputy chairman. The Nufarm board has stipulated that the role of the chairman and chief executive officer may not be filled by the same person. With the exception of the independence of the chairman, the board structure is consistent with ASX Principle 2. The nomination committee Doug Curlewis is chairman of the nomination committee and Donald McGauchie and Bruce Goodfellow are members, with a majority of independent directors. The committee is chaired by an independent director. The formal charter setting out the committee’s membership requirements includes the responsibilities to: • assess competencies of board members; • review board succession plans; • evaluate board performance; and • recommend the appointment of new directors when appropriate. The performance of the board, its committees and individual directors is reviewed annually, and the board has utilised a variety of review processes. In 2003-2004, directors completed a detailed questionnaire, an external consultant interviewed each director individually and there was a general board discussion. The subsequent performance evaluation was conducted by the chairman, and for the last two reporting periods, the board completed a purpose designed questionnaire, the results of which were discussed with the chairman, and the chairman of the nomination committee and then by the board as a team. The board ensures that new directors are introduced to the company appropriately, including relevant industry knowledge, visits to specific company operations and briefings by key executives. All directors may obtain independent professional advice and have direct access to the company secretary, who is appointed by, and accountable to, the board on all governance matters. Save for the fact that the chairman is not independent, the operation of the board is in accordance with the recommendations of ASX Principle 2. A copy of the nomination committee charter and a summary of the policy and procedure for appointment of directors is 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 26 corporate governance continued available on the corporate governance section of the company’s website. Ethical and responsible decision-making Ethical standards Nufarm operates in many countries and does so in accordance with the social and cultural beliefs of each country. It is politically impartial except where the board believes it is necessary to comment due to any perceived major impact on the company, its business or any of its stakeholders. We require directors, senior executives and all employees to adopt standards of business conduct that are ethical and in compliance with all legislation. Where there are no legislative requirements, the company develops policy statements relating to the business stakeholders to ensure appropriate standards and carefully selects and promotes employees. The board endorses the principles of the Code of Conduct for Directors, issued by the Australian Institute of Company Directors. Our formal code of conduct is available on the corporate governance section of the company’s website. Purchase and sale of company shares The Nufarm board has longstanding policies about the purchase and sale of company shares by directors and key executives. The current share trading policy prohibits directors and management from dealing in the company’s shares at any time the directors or employees are aware of unpublished, price-sensitive information. Subject to this prohibition, directors and senior executives may buy or sell shares at any time except during the following periods: • six weeks before the release of the company’s half-year results to the ASX, ending 24 hours after the release; • six weeks before the release of the company’s year end results to the ASX, ending 24 hours after the release; and • two weeks before the company’s AGM, ending 24 hours after the AGM. Before any trading activity in company shares, directors and senior executives must complete an application form which contains a declaration confirming they have no relevant knowledge pertaining to the company that is not available to the public. On receipt of the application form the company secretary will discuss the application with the chairman to obtain approval to trade. No trading can be undertaken before the application receives the approval of the company secretary. A copy of the trading policy is available on the corporate governance section of the company’s website. The company’s code of conduct and share trading policy is consistent with ASX Principle 3. Safeguard integrity in financial reporting Financial reports The company has put in place a structure of review and authorisation to independently verify and safeguard the integrity of financial reporting. The audit committee reviews the company’s financial statements and the independence of the external auditors. Audit committee Garry Hounsell is chairman of the board audit committee with Doug Curlewis, John Stocker and Kerry Hoggard as members. The committee has a majority of independent non-executive directors and is chaired by an independent director. Details of attendances at meetings of the audit committee are set out on page 34. Garry Hounsell has a bachelor of business (accounting) and is a former senior partner with Ernst & Young and a former Australian country managing partner with Arthur Andersen. He has extensive experience across a range of areas, relating to management and corporate finance and has worked with some of Australia’s leading companies in consulting and audit roles, with a particular emphasis in the manufacturing sector. He is chairman of PanAust Limited, deputy chairman of 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 27 corporate governance continued Mitchell Communication Group Limited and a director of Qantas Airways Limited and Orica Limited. Garry is also chairman of the audit committee at Qantas. provided by the auditor. The charter also identifies those services that: • the external auditor may and may not provide; and Doug Curlewis has an MBA and is a former managing director of National Consolidated Limited, chief executive (Europe) of ICI Paints and managing director of Dulux Australia. Doug is currently a director of GUD Holdings Limited, Graincorp Limited and Sigma Pharmaceuticals Ltd. John Stocker has a medical, scientific and management background and was formerly chief scientist of the Commonwealth of Australia and is now the chairman of CSIRO. He is a principal of Foursight Associates Pty Ltd and chairman of Sigma Pharmaceuticals Ltd. He is a director of Telstra Corporation Ltd and Circadian Technologies Ltd. Kerry Hoggard has extensive accounting and financial experience. Kerry began his career with the company in 1957 and, after a number of accounting, financial and commercial promotions, was chief executive officer from 1987 to 1999. The committee reviews its charter annually. The charter sets out membership requirements for the committee, its responsibilities and provides that the committee shall annually assess the external auditor’s actual or perceived independence by reviewing the services • require specific audit committee approval. The committee has recommended that any former lead engagement partner of the firm involved in the company’s external audit should not be invited to fill a vacancy on the board and the lead engagement audit partners will be required to rotate off the audit after a maximum five years involvement and it will be at least two years before that partner can again be involved in the company’s audit. A copy of the audit committee charter, which includes procedures for the selection and appointment of the external auditors, is available on the corporate governance section of the company’s website. The financial reporting system of the company is consistent with ASX Principle 4. Disclosure The company has a detailed written policy and procedure to ensure compliance with both the ASX Listing Rules and Corporations Act. This policy is reviewed regularly with the company’s legal advisers, in line with contemporary best practice. The company secretary prepares a schedule of compliance and disclosure matters for directors to consider at each board meeting. A copy of the disclosure policy is available on the corporate governance section of the company’s website. The company’s disclosure policy is consistent with ASX Principle 5. Rights of shareholders Communication We are committed to timely, open and effective communication with our shareholders and the general investment community. Our communication policy aims to: • ensure that shareholders and the financial markets are provided with full and timely information about our activities; • comply with our continuous disclosure obligations; • ensure equality of access to briefings, presentations and meetings for shareholders, analysts and media; and • encourage attendance and voting at shareholder meetings. Postal and electronic communication with shareholders includes: • half year and annual reports; • proxy voting; • notices of AGM; • a summary of AGM proceedings, including the chairman’s and chief executive officer’s addresses and voting results; • relevant market announcements and related information; and • copies of webcasts and teleconferences. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 28 insert statement 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 29 corporate governance continued Our formal communications policy is available on the corporate governance section of the company’s website. The company’s policy in relation to the rights of shareholders is consistent with ASX Principle 6. Identifying and managing risk The board is committed to identifying, assessing, monitoring and managing its material business risks. Nufarm’s policies and procedures relating to the management and oversight of risk provide effective management of material risks at a level appropriate to Nufarm’s global business. The board annually, at its strategy review meeting, reviews the material risks faced by the company. In so doing, it considers the interests of all relevant stakeholders. At each board meeting, management report on specific issues of risk and compliance, including legal compliance, health, safety and environmental compliance and financial reporting. The board has retained responsibility for the oversight of the company’s risk management system. The board ensures that appropriate policies are in place to ensure compliance with risk management controls, and requires management to monitor, manage and report on business risks. The board has delegated the oversight of financial and treasury risk, including credit, liquidity and market risks to the audit committee, which will refer any relevant matters to the full board. The year end exposure to these risks is described in note 32 of the financial statements. The audit committee has approved a global risk management charter that specifies the responsibilities of the general manager global risk management, (which includes the internal audit function). The charter provides authority to conduct internal audits, risk reviews and system- based analyses of the internal controls in major business systems. The general manager global risk management reports directly to the managing director and provides a written report of his activities at each meeting of the audit committee. In so doing he has continual access to the chairman and members of the audit committee. The internal audit function is independent of the external auditor. All board committees report to the board on risk management issues within their areas of responsibility. The company recognises a number of operational risks related to its crop protection business including: • climate conditions and seasonality; • regulatory, freedom to operate, product registration, product use and sustainability; • relationships with key suppliers and customers; and • licences and operating permits for manufacturing facilities. The managing director and the company’s senior management (group general managers [GGMs] who report directly to the managing director) are responsible for the management of material risks in their respective areas of responsibility. The managing director’s and GGMs’ periodic reports, submitted for review to each board meeting, will include relevant commentary on any material risk. The board also requires the managing director and GGMs to provide the board, for its annual strategy meeting, with a report and assurance that all material risks are being effectively managed. Such a report was received in the current reporting period. Local and regional financial controllers complete half-yearly certificates, which are reviewed by the chief financial officer and the audit committee as part of the company’s half-year reporting to the market and to achieve compliance with section 295A of the Corporations Act. In accordance with Section 295A, the board procedures to safeguard the integrity of the company’s financial reporting require the chief executive officer and the chief financial officer to state in writing to the board that: • the company’s financial reports present a true and fair view, in all material respects, of the company’s financial condition and operational results and are in accordance with relevant accounting standards; and 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 30 corporate governance continued The committee’s formal charter includes responsibility to: • review and recommend to the board the remuneration packages and policies applicable to key executives and directors; and • ensure remuneration packages and policies attract, retain and motivate high calibre executives. The committee reports to the board on all matters and the board makes all decisions, except when power to act is delegated expressly to the committee. Remuneration of non-executive directors (NED) The board’s policy with regard to NED remuneration is set out in the remuneration report on pages 36 to 38. A copy of the remuneration committee charter and the company policy on prohibiting senior executives from hedging any shares offered under the executive share plan are available on the corporate governance section of the company’s website. Nufarm’s remuneration policies are consistent with ASX Principle 8. • the statement is founded on a sound system of risk management and internal compliance and control, which is operating effectively in all material respects in relation to financial reporting risks. The board received in the current reporting period an assurance from the chief executive officer and chief financial officer that the declaration relating to the company’s financial reports has been made with due regard to appropriate risk management controls. A summary of the company’s policies on risk oversight and management of material business risks is available on the corporate governance section of the company’s website. Nufarm’s management of risk is consistent with ASX Principle 7. Remuneration The board has procedures to ensure that the level and structure of remuneration for executives and directors is appropriate. Remuneration committee Doug Curlewis is chairman of the remuneration committee and Kerry Hoggard and Donald McGauchie are members, with a majority of independent directors. The committee is chaired by an independent director. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 31 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 32 directors’ report The directors present their report together with the financial report of Nufarm Limited (‘the company’) and of the group, being the company and its subsidiaries and the group’s interests in associates and jointly controlled entities, for the financial year ended 31 July 2008 and the auditor’s report thereon. Directors The directors of the company at any time during or since the end of the financial year are: KM Hoggard (Chairman) GDW Curlewis (Deputy Chairman) DJ Rathbone AM (Managing Director) Dr WB Goodfellow GA Hounsell DG McGauchie AO Dr JW Stocker AO RFE Warburton AO (retired 5 December 2007) Unless otherwise indicated, all directors held their position as a director throughout the entire period and up to the date of this report. Details of the qualifications, experience and responsibilities and other directorships of the directors are set out on page 21. Company secretary The company secretary is R Heath. Details of the qualifications and experience of the company secretary are set out on page 19. Directors’ interests in shares and step-up securities Relevant interests of the directors in the shares and step-up securities issued by the company and related bodies corporate are, at the date of this report, as notified by the directors to the Australian Securities Exchange in accordance with S205G(1) of the Corporations Act 2001, as follows: KM Hoggard1 GDW Curlewis1 DJ Rathbone Dr WB Goodfellow1, 2 GA Hounsell1 DG McGauchie1 Dr JW Stocker1 RFE Warburton3 Nufarm Ltd Ordinary shares Nufarm Finance (NZ) Ltd Step-up securities 2,383,614 44,533 25,912,610 665,846 45,170 17,038 41,522 67,600 – – – 45,289 – – – – 1 The shareholdings of KM Hoggard, GDW Curlewis, Dr WB Goodfellow, GA Hounsell, DG McGauchie and Dr JW Stocker include shares issued under the company’s non-executive director share plan and held by Pacific Custodians Pty Ltd as trustee of the plan. 2 The holding of Dr WB Goodfellow includes his relevant interest in: (i) St Kentigern Trust Board (430,186 shares and 19,727 step-up securities) – Dr Goodfellow is Chairman of the Trust Board. Dr Goodfellow does not have a beneficial interest in these shares or step-up securities; (ii) Sulkem Company Limited (113,947 shares); and (iii) Auckland Medical Research Foundation (25,462 step-up securities). Dr Goodfellow does not have a beneficial interest in these step-up securities. 3 RFE Warburton retired on 5 December 2007. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 33 directors’ report continued Directors’ meetings The number of directors’ meetings (including meetings of committees of directors) and number of meetings attended by each of the directors of the company during the financial year are: Director Board Audit Remuneration Nomination Committees KM Hoggard GDW Curlewis DJ Rathbone1 Dr WB Goodfellow1,3 GA Hounsell DG McGauchie Dr JW Stocker3 RFE Warburton2 A 8 8 8 8 8 8 8 3 B 8 8 8 8 8 6 6 3 A 3 3 – – 3 – 2 – B 3 3 3 1 3 – 2 – A 3 3 – – – 3 3 3 B 3 3 3 3 1 2 2 3 A – 2 – 2 – 2 2 2 B 2 2 2 2 1 1 1 2 Column A: indicates the number of meetings held during the period the director was a member of the board and/or committee. Column B: indicates the number of meetings attended during the period the director was a member of the board and/or committee. Other meetings of committees of directors are convened as required to discuss specific issues or projects. 1 All directors are entitled to attend any committee meetings. 2 RFE Warburton retired on 5 December 2007. 3 Dr WB Goodfellow became a member of the nomination committee effective 1 November 2007. Dr JW Stocker retired as a member of the remuneration and nomination committees and became a member of the audit committee effective 1 November 2007. Principal activities and changes Nufarm manufactures and supplies a range of agricultural chemicals used by farmers to protect crops from damage caused by weeds, pests and disease. The company has production and marketing operations throughout the world and sells products in more than 100 countries. Nufarm’s crop protection products enjoy a reputation for high quality and reliability and are supported by strong brands, a commitment to innovation and a focus on close customer relationships. Nufarm employs 3,112 people at its various locations in Australasia, Asia, Africa, the Americas and Europe. The company is listed on the Australian Securities Exchange (symbol NUF). Its head office is located at Laverton North in Melbourne. Results The net profit attributable to members of the consolidated entity for the 12 months to 31 July 2008 is $137.9 million. The comparable figure for the 12 months to 31 July 2007 was $148.8 million. Dividends The following dividends have been paid, declared or recommended since the end of the preceding financial year: The final dividend for 2006–07 of 21 cents paid 9 November 2007 The interim dividend for 2007–08 of 12 cents paid 2 May 2008 The final dividend for 2007–08 of 23 cents as declared and recommended by the directors is payable 17 November 2008 $000 36,043 22,279 42,753 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 34 directors’ report continued Nufarm Step-up Securities distribution payment The following Nufarm Step-up Securities distribution payment has been paid since the end of the preceding financial year: Distribution payment for the period 15 April 2007 – 15 October 2007 at the rate of 8.56 per cent per annum paid 15 October 2007 Distribution payment for the period 16 October 2007 – 15 April 2008 at the rate of 8.95 per cent per annum paid 15 April 2008 Review of operations $000 10,772 11,263 The review of the operations during the financial year and the results of those operations are set out in the managing director’s review on pages 3 to 6 and the business review on pages 9 to 12. State of affairs The state of the company’s affairs are set out in the managing director’s review on pages 3 to 6 and the business review on pages 9 to 12. Operations, financial position, business strategies and prospects The directors believe that information on the company, which enables an informed assessment of its operations, financial position, strategies and prospects, is contained in the financial accounts, managing director’s review and the business review. Events subsequent to reporting date On 25 September 2008 the directors declared a final dividend of 23 cents per share, fully franked, payable 17 November 2008. The directors have also approved a dividend reinvestment plan. For the final dividend, shareholders will be given the opportunity to reinvest dividends in Nufarm shares at a 2.5 per cent discount to the volume weighted average share price calculated over a period and on a basis to be determined by the board. Details of the plan and election notices will be mailed to all shareholders. As announced by the company on 1 September 2008, the UK Competition Commission has initiated an investigation into possible competition concerns that might arise as a result of the acquisition of AH Marks. The review is expected to be complete by mid February, 2009. Combined Nufarm and AH Marks UK annual sales of the main products under investigation amount to £4 million, with AH Marks sales of those products totaling less than £1.5 million. Nufarm is cooperating fully with the Competition Commission in an effort to clarify and address any such concerns. Regulators in other jurisdictions are also reviewing aspects of the acquisition. Certain restructuring proposals for the business have been delayed pending completion of this review. On 24 September, 2008 Nufarm signed an agreement to acquire Lefroy Seeds Pty Ltd, based in Toowoomba, Queensland. Lefroy Seeds specialises in hybrid breeding, production and commercialisation activities in sunflower and sorghum. The company has established registrations, sales and commercial partnerships in Australia, Argentina, South Africa, China, Pakistan, Thailand and various countries in Europe. The acquisition involves total consideration of $11.5 million, the majority of which will be paid in Nufarm equity. International financial crisis The instability in global finance markets is causing difficulties for several significant overseas financial institutions. Nufarm has no facilities with any of these financial institutions. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 35 directors’ report continued Nufarm maintains significant short term financing lines with its relationship banks. Many of these lines have annual review points primarily in the October to December period. Discussions with key relationship banks have reaffirmed their support of Nufarm and, subsequent to balance date, Nufarm has increased its facilities with some financiers. The directors believe that the business fundamentals in agriculture remain very strong and the current instability in financial markets is not anticipated to have any material impact on the company’s performance or projected guidance. Likely developments The directors believe that likely developments in the company’s operations and the expected results of those operations are contained in the managing director’s review and the business review. Environmental performance Details of Nufarm’s performance in relation to environmental regulations are set out on pages 14 to 15. The company did not incur any prosecutions or fines in the financial period relating to environmental performance. The company publishes annually a health, safety and environment report. This report can be viewed on the company’s website or a copy will be made available upon request to the company secretary. Non-audit services During the year KPMG, the company’s auditor, has performed certain other services in addition to their statutory duties. Details of the audit fee and non-audit services are set out in note 42 of the financial report. The board has considered the non-audit services provided during the year by the auditor and in accordance with written advice provided by resolution of the audit committee, is satisfied that the provision of those non-audit services during the year by the auditor is compatible with, and did not compromise, the auditor independence requirements of the Corporations Act 2001 for the reason that all non-audit services were subject to the corporate governance procedures adopted by the company and have been reviewed by the audit committee to ensure they do not impact the integrity and objectivity of the auditor. Remuneration report – audited Remuneration committee The remuneration committee reviews and makes recommendations to the board on remuneration policies and packages applicable to key management personnel and directors and ensures that remuneration policies and packages retain and motivate high calibre executives and that remuneration policies demonstrate a clear relationship between executive remuneration and company performance. Key management personnel include the five most highly remunerated executives in accordance with S300A of the Corporations Act. The remuneration levels of the managing director and key management personnel are recommended by the remuneration committee and approved by the board, having taken advice from independent external advisors. Principles of compensation Executives The Nufarm remuneration policy has been developed to ensure the company attracts and retains the highly skilled people required to successfully manage and create shareholder value from a large diversified internationally-based company. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 36 directors’ report continued The company has adopted a remuneration policy based on total target reward (TTR), which comprises two components: • fixed reward (TEC) – cash and benefits that reflect local market conditions and individual contribution. The reward level is set relative to pertinent and prevailing executive employment market conditions for high calibre talent in the geographies where Nufarm operates. The company’s policy position for TEC for Australian executives, is determined with reference to the median of similar sized companies within Mercer’s executive remuneration database; and • an incentive program – the incentive program is linked to meeting predetermined financial objectives for the full year. 50 per cent of the incentive will be paid in cash and 50 per cent will be delivered by way of shares, which, for the key management personnel, ensures a longer-term focus to achieve benefits consistent with the delivery of sustained growth of shareholder value. The exception is the current managing director who is paid in cash because of the very substantial shareholding he currently controls in the company. Management personnel are not permitted to hedge any shares issued to them under the incentive program whilst they remain held in trust. If the financial objectives are achieved and the incentive program is paid at 100 per cent, the TTR will meet the company’s TTR policy position of the upper quartile of similar sized companies within Mercer’s executive remuneration database. Set out below are details of the maximum payment for the incentive program where there has been above target achievement of the incentive program performance condition. The performance condition for the incentive program is based on return on funds employed (ROFE) in the business. Return is calculated on the group’s earnings before interest and taxation and adjusted for any non-operating items. Funds employed are represented by shareholders’ funds plus total interest bearing debt. The company believes ROFE is an appropriate performance condition for the following reasons: • for many years the board has measured the company’s performance using ‘economic value added’ methodology. It is believed that if the company can consistently add economic value (a satisfactory margin above the cost of capital), then this will be recognised in share value; and • ROFE ensures management is focused on the efficient use of capital and the measure remains effective regardless of the mix of equity and debt, which may change from time to time. The remuneration committee and the board review the level of the performance condition on an annual basis. Whilst it believes ROFE is an appropriate performance condition for the company’s incentive program, the board also reviews the company’s total shareholder return (TSR) with relevant comparator groups. Each year, the board reviews and establishes the performance hurdle for the incentive program. The hurdle reflects targets for specific objectives and increasing company value, consistent with the company’s business and investment strategies. The target ROFE hurdle for the incentive program is 17.25 per cent. At the end of each financial year the board: • assesses company performance against the target ROFE hurdle to determine the percentage of any offer to be made under of the incentive program; and • reviews target ROFE for the incentive program for the following financial period. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 37 directors’ report continued For the incentive program, 25 per cent of the incentive will be payable on achievement of 90 per cent of target ROFE with a linear progression to 100 per cent of the incentive on achievement of target ROFE and a maximum of 175 per cent of the incentive on achievement of 110 per cent of target ROFE. If less than 90 per cent of target ROFE is achieved, no incentive will be paid. The following table shows the proportion of incentive as a percentage of TTR. Managing director Key management personnel other than non-executive directors Percentage (%) target ROFE achieved <90 0 0 90 20 14 100 110 50 40 64 54 Consequences of performance on shareholders’ wealth The board believes the following table demonstrates: • the consequences of the company’s performance on shareholder wealth; and • that the remuneration policy is generating the desired increase in shareholder wealth. In considering the consolidated entity’s performance and benefits for shareholders’ wealth, the remuneration committee and the board have regard to the following indices in respect of the current financial year and the previous four financial years. *Operating EBIT $m *ROFE achieved *EPS cents cents % per share per share rate Dividends paid $000 Dividend **Change in share price $ ***Total Share shareholder return price % 31 July 2004 2005 2006 2007 2008 142.2 196.6 211.2 217.8 311.2 15.7 19.8 17.8 16.6 17.2 47.1 60.5 60.3 59.2 69.7 23 26 27 31 33 33,656 40,548 45,879 53,145 58,332 1.72 4.08 (1.37) 4.31 4.05 6.09 10.15 8.80 13.10 16.85 54 63 (2.3) 40 17 * Numbers for 2005, 2006 and 2007 calculated in accordance with International Financial Reporting Standards. Numbers for 2004 calculated in accordance with previous Australian Generally Accepted Accounting Principles. ** This column reflects the change in share price from 1 August to 31 July in the relevant financial year. *** Source: Goldman Sachs JBWere – total shareholder return as at 30 June. Service contracts The company has employment contracts with the managing director and the key management personnel. These contracts formalise the terms and conditions of employment. The contracts are for an indefinite term. The company may terminate the contracts upon, in the case of the managing director, 12 months, and in the case of key management personnel, six months notice, in which case a termination payment equivalent to, in the case of the managing director, 24 months, and in the case of key management personnel, 12 months, total employment cost (base salary plus value of benefits such as motor vehicle and superannuation and any fringe benefits tax in relation to those benefits,) will be paid. The company may terminate the employment contracts immediately for serious misconduct. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 38 directors’ report continued Non-executive directors (NED) The board’s policy with regard to NED remuneration is to position board remuneration at the market median with comparable sized listed entities. The board determines the fees payable to non-executive directors within the aggregate amount approved from time to time by shareholders. At the company’s 2006 AGM, shareholders approved an aggregate of $1,200,000 per year (excluding superannuation costs). Set out below are details of the annual fees payable at 31 July 2008 (excluding superannuation costs). Chairman1 Deputy chairman1 Director board fees Chairman audit committee Chairman other board committees Member audit committee Member other board committees2 Effective 1 August 2008, the fees payable to the chairman, deputy chairman and directors will be: Chairman Deputy chairman Director board fees All other fees remain unaltered. $ 240,000 140,000 95,000 25,000 10,000 5,000 2,500 $ 290,000 170,000 115,000 1 The chairman, KM Hoggard, and the deputy chairman, GDW Curlewis, receive no fees as members of any committee. 2 There is some common membership on the remuneration committee and nomination committee. Only one fee is paid where a director is a member of both committees. The board has created a non-executive share plan whereby a director can elect to commit a proportion of director fees to acquire company shares. The number of shares available in the plan will be calculated quarterly, using the weighted average of the price at which shares were traded on the ASX in the five days up to and including the day when shares are allocated to a director. Shares in the plan will not vest until the earlier of three years or retirement. Other than in this respect, non-executive director remuneration is paid in cash. No element of remuneration is performance related, i.e., linked to short term or long term incentives. On 31 October 2003, directors unanimously resolved to discontinue the directors’ retirement benefit plan and benefits accrued under the plan were calculated and, at the option of the relevant director, converted into shares or paid to the director’s superannuation fund. Remuneration of directors and executives Details of the nature and amount of each major element of remuneration in respect of key management personnel, which includes each director of the company and each of the five named company executives and relevant group executives who receive the highest remuneration are: 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 39 directors’ report continued In AUD Directors Non-executive KM Hoggard (Chairperson) GDW Curlewis (Deputy chairman) Dr WB Goodfellow GA Hounsell DG McGauchie Dr JW Stocker RFE Warburton2 Executive Director DJ Rathbone (Managing director) Executive Officers DA Pullan (Group general manager operations) RF Ooms (Group general manager chemicals) KP Martin (Chief financial officer) B Benson (Group general manager marketing) RG Reis (Group general manager corporate strategy and external affairs) 2008 2007 DA Mellody (Group general manager marketing and president North America) R Heath (Company secretary) 1 All cash bonuses were fully vested. 2 RFE Warburton retired on 5 December 2007. 2008 2007 2008 2007 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 40 Salary and fees $ Short term Cash bonus (vested1) $ Short term Non-monetary benefits $ Post-employment Share based payments Other long term Total Superannuation Equity settled $ $ $ 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 228,000 192,000 112,000 112,000 86,750 76,000 110,500 94,333 92,750 78,500 89,750 – 57,911 21,500 – – – – – – – – – – – – – – 2008 2007 1,124,760 1,015,250 1,525,244 992,920 – – 105,538 65,311 2,808,415 2,121,267 – – – – – – – – – – – – – – 37,587 33,077 43,010 39,522 10,423 10,704 25,713 14,750 36,191 16,998 36,049 39,931 23,919 21,026 32,519 24,396 228,000 192,000 112,000 112,000 86,750 76,000 110,500 94,333 92,750 78,500 89,750 – 57,911 21,500 2,687,591 2,041,247 1,054,199 545,441 954,590 493,583 975,237 479,745 996,842 486,866 800,369 386,315 679,422 304,905 509,478 268,092 24,000 24,000 42,000 42,000 9,625 9,500 12,000 11,333 9,750 9,750 9,875 88,250 6,266 75,000 15,286 14,709 93,339 85,960 87,901 67,919 87,171 74,530 83,419 40,852 44,692 39,102 42,150 23,557 42,653 41,151 12,000 48,000 – – 9,500 19,000 9,500 19,000 4,750 19,000 9,500 19,000 4,750 19,000 – – – – – – – 219,451 206,414 206,414 196,780 139,386 110,689 109,869 Total $ 264,000 264,000 154,000 154,000 105,875 104,500 132,000 124,666 107,250 107,250 109,125 107,250 68,927 115,500 1,177,430 870,382 1,058,363 782,706 1,095,249 770,257 1,104,346 749,842 892,276 581,645 749,571 449,633 563,484 427,469 $ – – – – – – – – – – – – – – 29,892 19,530 15,872 14,790 32,841 9,568 24,085 25,344 47,215 16,842 27,999 10,482 11,353 8,357 476,138 435,450 443,781 416,483 447,447 398,928 462,264 406,158 387,152 300,405 324,688 246,350 219,309 209,086 535,051 70,439 500,386 66,396 502,077 66,067 498,387 63,710 377,168 45,979 330,815 37,529 257,650 34,610 2008 2007 2008 2007 2008 2007 2008 2007 In AUD Directors Non-executive KM Hoggard (Chairperson) GDW Curlewis (Deputy chairman) Dr WB Goodfellow GA Hounsell DG McGauchie Dr JW Stocker RFE Warburton2 Executive Director DJ Rathbone (Managing director) Executive Officers DA Pullan (Group general manager operations) RF Ooms (Group general manager chemicals) KP Martin (Chief financial officer) B Benson (Group general manager marketing) RG Reis (Group general manager corporate strategy and external affairs) 2008 DA Mellody (Group general manager marketing and president North America) R Heath (Company secretary) 1 All cash bonuses were fully vested. 2 RFE Warburton retired on 5 December 2007. $ – – – – – – – – – – – – – – 535,051 70,439 500,386 66,396 502,077 66,067 498,387 63,710 377,168 45,979 330,815 37,529 257,650 34,610 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 2007 2007 2008 2007 2008 2007 228,000 192,000 112,000 112,000 86,750 76,000 110,500 94,333 92,750 78,500 89,750 – 57,911 21,500 476,138 435,450 443,781 416,483 447,447 398,928 462,264 406,158 387,152 300,405 324,688 246,350 219,309 209,086 2008 2007 1,124,760 1,015,250 1,525,244 992,920 directors’ report continued Short term Cash bonus (vested1) Salary and fees $ Short term Non-monetary benefits $ Post-employment Share based payments Other long term Total $ Superannuation $ Equity settled $ – – – – – – – – – – – – – – 37,587 33,077 43,010 39,522 10,423 10,704 25,713 14,750 36,191 16,998 36,049 39,931 23,919 21,026 32,519 24,396 228,000 192,000 112,000 112,000 86,750 76,000 110,500 94,333 92,750 78,500 89,750 – 57,911 21,500 2,687,591 2,041,247 1,054,199 545,441 954,590 493,583 975,237 479,745 996,842 486,866 800,369 386,315 679,422 304,905 509,478 268,092 24,000 24,000 42,000 42,000 9,625 9,500 12,000 11,333 9,750 9,750 9,875 88,250 6,266 75,000 15,286 14,709 93,339 85,960 87,901 67,919 87,171 74,530 83,419 40,852 44,692 39,102 42,150 23,557 42,653 41,151 Total $ 264,000 264,000 154,000 154,000 105,875 104,500 132,000 124,666 107,250 107,250 109,125 107,250 68,927 115,500 $ – – – – – – – – – – – – – – 12,000 48,000 – – 9,500 19,000 9,500 19,000 4,750 19,000 9,500 19,000 4,750 19,000 – – 105,538 65,311 2,808,415 2,121,267 – 219,451 – 206,414 – 206,414 – 196,780 – 139,386 – 110,689 – 109,869 29,892 19,530 15,872 14,790 32,841 9,568 24,085 25,344 47,215 16,842 27,999 10,482 11,353 8,357 1,177,430 870,382 1,058,363 782,706 1,095,249 770,257 1,104,346 749,842 892,276 581,645 749,571 449,633 563,484 427,469 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 41 directors’ report continued Remuneration options: granted and vested during the year During the year there were no options granted to directors or executives, nor were any options vested and exercised by the specified executives. Shares issued as a result of the exercise of options There were no shares issued as a result of the exercise of options during the year. Unissued shares under option There are no unissued shares under option. Indemnities and insurance for directors and officers The company has entered into insurance contracts, which indemnify directors and officers of the company, and its controlled entities against liabilities. In accordance with normal commercial practices, under the terms of the insurance contracts, the nature of the liabilities insured against and the amount of premiums paid are confidential. An indemnity agreement has been entered into between the company and each of the directors named earlier in this report. Under the agreement, the company has agreed to indemnify the directors against any claim or for any expenses or costs, which may arise as a result of the performance of their duties as directors. There are no monetary limits to the extent of this indemnity. Lead auditor’s independence declaration The lead auditor’s independence declaration is set out on page 43 and forms part of the directors’ report for the financial year ended 31 July 2008. Rounding of amounts The company is of a kind referred to in Australian Securities and Investment Commission Class Order 98/100 dated 10 July 1998 and, in accordance with that class order, amounts in the financial statements and the directors’ report have been rounded off to the nearest thousand dollars, unless otherwise stated. This report has been made in accordance with a resolution of directors. KM Hoggard Director DJ Rathbone Director Melbourne 25 September 2008 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 42 lead auditor’s independence declaration under Section 307C of the Corporations Act 2001 To: the directors of Nufarm Limited I declare that, to the best of my knowledge and belief, in relation to the audit for the financial year ended 31 July 2008 there have been: (i) no contraventions of the auditor independence requirements as set out in the Corporations Act 2001 in relation to the audit; and (ii) no contraventions of any applicable code of professional conduct in relation to the audit. KPMG Paul J McDonald Partner Melbourne 25 September 2008 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 43 income statements for the year ended 31 July 2008 Consolidated Company Note 2008 $000 2007 $000 2008 $000 2007 $000 Continuing operations Revenue Cost of sales Gross profit Other income Sales, marketing and distribution expenses General and administrative expenses Research and development expenses Share of net profits of associates 7 19 Operating result Barter trade loss realised on option contracts – Brazil Net non-cash revaluation profit/(loss) on proceeds from Nufarm Step-up Securities financing 6 6 Profit before net financing costs and income tax 2,492,458 (1,747,965) 1,764,384 (1,269,608) 744,493 494,776 5,519 (263,878) (138,378) (41,585) 2,698 308,869 8,567 (186,019) (93,357) (30,000) 8,056 202,023 57,919 (39,910) 18,009 63,060 (4,784) (7,076) (515) 1,237 69,931 46,209 (31,287) 14,922 57,393 (5,573) (5,947) (564) 788 61,019 (34,259) – (4,119) 885 – – – – 270,491 202,908 69,931 61,019 Financial income Financial expenses Net financing costs 10 10 3,202 (83,397) (80,195) 5,336 (59,770) (54,434) 119 (3,183) (3,064) 6,801 (8,736) (1,935) Profit before income tax 190,296 148,474 66,867 59,084 Income tax expense 11 (52,176) (41,151) (2,169) (1,448) Profit from continuing operations 138,120 107,323 64,698 57,636 Discontinued operations Profit/(loss) of discontinued operations and gain/(loss) on sale of discontinued operations (after tax) 12 – 41,840 – – Profit for the period 138,120 149,163 64,698 57,636 Attributable to: Equity holders of the company Minority interest 137,915 205 148,796 367 64,698 – 57,636 – Profit for the period 138,120 149,163 64,698 57,636 Earnings per share Basic earnings per share Diluted earnings per share Continuing operations Basic earnings per share Diluted earnings per share 31 31 31 31 69.7 69.7 69.7 69.7 83.6 83.6 59.2 59.2 The income statement is to be read in conjunction with the attached notes. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 44 balance sheets as at 31 July 2008 Assets Cash and cash equivalents Trade and other receivables Inventories Current tax assets Total current assets Non-current assets Receivables Equity accounted investments Other investments Deferred tax assets Property, plant and equipment Intangible assets Other Total non-current assets TOTAL ASSETS Current liabilities Bank overdraft Trade and other payables Loans and borrowings Employee benefits Current tax payable Provisions Total current liabilities Non-current liabilities Payables Loans and borrowings Deferred tax liabilities Employee benefits Total non-current liabilities TOTAL LIABILITIES NET ASSETS Equity Share capital Reserves Retained earnings Equity attributable to equity holders of the company Nufarm Step-up Securities Minority interest TOTAL EQUITY Consolidated Company Note 2008 $000 2007 $000 2008 $000 2007 $000 15 16 17 18 16 19 20 21 23 24 22 15 25 26 27 18 29 25 26 21 27 30 30 30 30 30 30 59,143 839,963 843,544 61,185 92,377 787,909 477,404 27,348 3,308 467,536 17,318 12,860 15,034 235,182 14,721 11,651 1,803,835 1,385,038 501,022 276,588 29,041 24,264 354 93,270 433,112 821,500 8,504 15,336 22,966 271 93,577 333,777 580,721 7,225 – 9,206 300,769 1,603 5,283 49 – – 8,341 307,214 1,079 5,034 24 – 1,410,045 1,053,873 316,910 321,692 3,213,880 2,438,911 817,932 598,280 20,841 778,060 587,612 16,849 12,461 6,184 12,716 812,336 360,061 15,328 23,956 11,436 – 133,671 – 342 7,227 – 2,667 119,217 – 317 14,096 – 1,422,007 1,235,833 141,240 136,297 39,842 351,456 57,239 38,118 15,200 92,092 34,893 31,742 – – 74 52 486,655 173,927 126 – – 2 52 54 1,908,662 1,409,760 141,366 136,351 1,305,218 1,029,151 676,566 461,929 456,870 6,822 593,558 240,886 9,192 531,124 456,870 37,355 182,341 240,886 45,135 175,908 1,057,250 246,932 1,036 781,202 246,932 1,017 676,566 – – 461,929 – – 1,305,218 1,029,151 676,566 461,929 The balance sheet is to be read in conjunction with the attached notes. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 45 statements of cash flows for the year ended 31 July 2008 Consolidated Company Note 2008 $000 2007 $000 2008 $000 2007 $000 Cash flows from operating activities Cash receipts from customers Cash paid to suppliers and employees Cash generated from operations Interest received Dividends received Interest paid Income tax paid Payment for barter trade loss realised on option contracts – Brazil 2,580,996 (2,523,981) 1,692,095 (1,539,715) 57,015 3,202 373 (83,397) (70,336) 152,380 5,336 171 (59,770) (35,519) 65,692 (55,281) 10,411 119 59,817 (3,183) (10,921) 79,130 (47,314) 31,816 6,801 53,335 (8,736) (6,766) (34,259) – – – Net cash from operating activities 38 (127,402) 62,598 56,243 76,450 Cash flows from investing activities Proceeds from sale of property, plant and equipment Proceeds from business sale Payments for plant and equipment Purchase of businesses, net of cash acquired Payments for acquired intangibles and major product development expenditure Net investing cash flows Cash flows from financing activities Shares issued under private placement (net of costs) Shares issued under share purchase plan Proceeds from issue of Nufarm Step-up Securities (NSS) Proceeds from borrowings Repayment of borrowings Repayment of capital notes Advances to controlled entities Payment for interest rate cap on NSS securities Distribution to NSS holders Repayment of finance lease principal Dividends paid 8,086 3,306 (69,509) 1,378 67,327 (63,231) 70 – (1,524) 133 25,061 (1,433) (374,256) 37,106 – (61,211) (493,584) (22,866) 19,714 (62) (1,516) 23,761 – – 197,755 10,791 – 600,774 (148,272) – – – (22,036) – (58,422) – – 197,755 10,791 – – 244,915 409,977 (426,383) (195,228) – (3,755) (8,184) – (53,451) – – – – (212,452) – – – (58,264) – – – – (20,498) – – – (53,145) Net financing cash flows 580,590 (32,109) (62,170) (73,643) Net increase (decrease) in cash and cash equivalents Cash at the beginning of the year Exchange rate fluctuations on foreign cash balances Movement in cash reclassified as assets held for sale (40,396) 79,661 50,203 31,329 (7,443) 12,367 26,568 (12,835) (963) (1,871) (1,616) (1,366) – – – – Cash and cash equivalents at 31 July 15 38,302 79,661 3,308 12,367 The statements of cash flows are to be read in conjunction with the attached notes. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 46 statements of recognised income and expense for the year ended 31 July 2008 Consolidated Company Note 2008 $000 2007 $000 2008 $000 2007 $000 Items recognised directly in equity Foreign exchange translation differences for foreign operations Actuarial gains (losses) on defined benefit plans Foreign exchange movements taken to income statement Income tax on income and expense recognised directly in equity Income and expense recognised directly in equity 30 (2,491) (14,680) (7,871) (1) 30 (2,451) 4,093 – – 30 – 20 – (50) 30 699 1,928 699 27 (4,243) (8,639) (7,172) (24) Profit for the year 138,120 149,163 64,698 57,636 Total recognised income and expense for the year 133,877 140,524 57,526 57,612 Attributable to: Equity holders of the parent Minority interest 133,702 175 140,209 315 57,526 – 57,612 – Total recognised income and expense for the year 133,877 140,524 57,526 57,612 Other movements in equity arising from transactions with owners are set out in note 30. The amounts recognised directly in equity are disclosed net of tax – see note 11 for tax effect. The statements of recognised income and expense are to be read in conjunction with the attached notes. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 47 notes to the financial statements 1. Reporting entity Nufarm Limited (the ‘company’) is domiciled in Australia. The address of the company’s registered office is 103-105 Pipe Road, Laverton North, Victoria, 3026. The consolidated financial statements of the company as at and for the year ended 31 July 2008 comprise the company and its subsidiaries (together referred to as the ‘group’ and individually as ‘group entities’) and the group’s interest in associates and jointly controlled entities. The group is primarily involved in the manufacture and sale of crop protection products used by farmers to protect crops from damage caused by weeds, pests and disease. 2. Basis of preparation (a) Statement of compliance The financial report is a general purpose financial report which has been prepared in accordance with Australian Accounting Standards (AASBs) (including Australian interpretations) adopted by the Australian Accounting Standards Board (AASB) and the Corporations Act 2001. The consolidated financial report of the group and the financial report of the company also comply with International Financial Reporting Standards (IFRS) and interpretations adopted by the International Accounting Standards Board (IASB). The financial statements were approved by the board of directors on 25 September 2008. (b) Basis of measurement The consolidated financial statements have been prepared on the historical cost basis except for the derivative financial instruments which are measured at fair value. The methods used to measure fair values are discussed further in note 4. (c) Functional and presentation currency These consolidated financial statements are presented in Australian dollars, which is the company’s functional currency. The company is of a kind referred to in ASIC Class Order 98/100 dated 10 July 1998 and in accordance with that Class Order, all financial information presented in Australian dollars has been rounded to the nearest thousand unless otherwise stated. (d) Use of estimates and judgements The preparation of financial statements requires management to make judgements, estimates and assumptions that affect the application of accounting policies and the reported amounts of assets, liabilities, income and expenses. Actual results may differ from these estimates. 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. In particular, information about significant areas of estimation uncertainty and critical judgements in applying accounting policies that have the most significant effect on the amount recognised in the financial statements are described in the following notes: • note 14 – business combinations; • note 21 – utilisation of tax losses; • note 24 – measurement of the recoverable amounts of cash-generating units and impairment of goodwill and indefinite life intangibles; • note 27 – measurement of defined benefit obligations; • note 32 – valuation of financial instruments; and • note 29 and 35 – provisions and contingencies. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 48 notes to the financial statements continued 3. Significant accounting policies The accounting policies set out below have been applied consistently to all periods presented in these consolidated financial statements and have been applied consistently by group entities. Certain comparative amounts have been reclassified to conform with the current year’s presentation. In addition, the comparative income statement has been re-presented as if an operation discontinued during the current period has been discontinued from the start of the comparative period (see note 12). (a) Basis of consolidation Subsidiaries Subsidiaries are entities controlled by the group. Control exists when the group has the power to govern the financial and operating policies of an entity so as to obtain benefits from its activities. The financial statements of subsidiaries are included in the consolidated financial statements from the date that control commences until the date that control ceases. The accounting policies of subsidiaries have been changed when necessary to align them with the policies adopted by the group. In the company’s financial statements, investments in subsidiaries are carried at cost. Associates and jointly controlled entities (equity accounted investments) Associates and jointly controlled entities are accounted for using the equity method (equity accounted investments) and are initially recognised at cost. The group’s investment includes goodwill identified on acquisition, net of any accumulated impairment losses. The consolidated financial statements include the group’s share of the income and expenses and equity movements of equity accounted investees, after adjustments to align the accounting policies with those of the group, from the date that significant influence or joint control commences until the date that significant influence or joint control ceases. When the group’s share of losses exceeds its interest in an equity accounted investment, the carrying amount of that interest is reduced to nil and the recognition of further losses is discontinued except to the extent that the group has an obligation or has made payments on behalf of the investee. Transactions eliminated on consolidation Intra-group balances, and any unrealised gains and losses or income and expenses arising from intra-group transactions, are eliminated in preparing the consolidated financial statements. Unrealised gains arising from transactions with equity accounted investees are eliminated against the investment to the extent of the group’s interest in the investee. Unrealised losses are eliminated in the same way as unrealised gains, but only to the extent that there is no evidence of impairment. Gains and losses are recognised when the contributed assets are consumed or sold by the equity accounted investee or, if not consumed or sold by the equity accounted investee, when the group’s interest in such entities is disposed of. (b) Foreign currency Foreign currency transactions Transactions in foreign currencies are translated to the respective functional currencies of group entities at exchange rates at the dates of the transactions. Monetary assets and liabilities denominated in foreign currencies at the reporting date are retranslated to the functional currency at the foreign exchange rate at that date. Non-monetary assets and liabilities denominated in foreign currencies that are measured at fair value are retranslated to the functional currency at the exchange rate at the date that the fair value was determined. Foreign currency differences arising on retranslation are recognised in profit or loss, except for differences arising on the retranslation of available-for-sale equity instruments, a financial liability designated as a hedge of the net investment in foreign operation, or qualifying cash flow hedges, which are recognised directly in equity. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 49 notes to the financial statements continued 3. Significant accounting policies continued (b) Foreign currency continued Foreign operations The assets and liabilities of foreign operations, including goodwill and fair value adjustments arising on acquisition, are translated to Australian dollars at exchange rates at the reporting date. The income and expenses of foreign operations are translated to Australian dollars at exchange rates at the dates of the transactions. Foreign currency translation differences are recognised directly in equity. Since 1 August 2004, the group’s date of transition to Australian equivalents to IFRS, such differences have been recognised in the foreign currency translation reserve (FCTR). When a foreign operation is disposed of, in part or in full, the relevant amount in FCTR is transferred to profit or loss. Foreign exchange gains and losses arising from a monetary item receivable from or payable to a foreign subsidiary, the settlement of which is neither planned nor likely in the foreseeable future, are considered to form part of a net investment in a foreign subsidiary and are recognised directly in equity in FCTR. (c) Financial instruments Non-derivative financial instruments Non-derivative financial instruments comprise investments in equity securities, trade and other receivables, cash and cash equivalents, loans and borrowings, and trade and other payables. Non-derivative financial instruments are recognised initially at fair value plus any directly attributable transaction costs. Subsequent to initial recognition non-derivative financial instruments are measured as described below. A financial instrument is recognised if the group becomes a party to the contractual provisions of the instrument. Financial assets are derecognised if the group’s contractual rights to the cash flows from the financial assets expire or if the group transfers the financial asset to another party without retaining control or substantially all risks and rewards of the asset. Regular way purchases and sales of financial assets are accounted for at trade date, i.e. the date the group commits itself to purchase or sell the asset. Financial liabilities are derecognised if the group’s obligations specified in the contract expire or are discharged or cancelled. Cash and cash equivalents comprise cash balances and call deposits. Bank overdrafts that are repayable on demand and form an integral part of the group’s cash management are included as a component of cash and cash equivalents for the purpose of the statement of cash flows. Accounting for finance income and expense is discussed in note 3(n). Other non-derivative financial instruments are measured at amortised cost using the effective interest method, less any impairment losses. Derivative financial instruments The group holds derivative financial instruments to manage its foreign currency and interest rate risk exposures. Derivatives are recognised initially at fair value, with attributable transaction costs recognised in profit or loss when incurred. Subsequent to initial recognition, derivatives continue to be measured at fair value, with changes therein accounted for in profit or loss. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 50 notes to the financial statements continued 3. Significant accounting policies continued (c) Financial instruments continued Derivative financial instruments continued Cash flow hedges Changes in the fair value of the derivative hedging instrument designated as a cash flow hedge are recognised directly in equity, to the extent that the hedge is effective. To the extent that the hedge is ineffective, changes in fair value are recognised in profit or loss. If the hedging instrument no longer meets the criteria for hedge accounting, expires or is sold, terminated or exercised, then hedge accounting is discontinued. The cumulative gain or loss previously recognised in equity remains there until the forecast transaction occurs. When the hedged item is a non-financial asset, the amount recognised in equity is transferred to the carrying amount of the asset when it is recognised. In other cases the amount recognised in equity is transferred to profit or loss in the same period that the hedged item affects profit or loss. Economic flow hedges Hedge accounting is not applied to derivative instruments that economically hedge monetary assets and liabilities denominated in foreign currencies. Changes in fair value of such derivatives are recognised in profit or loss as part of foreign currency gains and losses. Share capital Ordinary shares Ordinary shares are classified as equity. Incremental costs directly attributable to the issue of ordinary shares are recognised as a deduction from equity, net of any related income tax benefit. Hybrid securities The group has on issue a hybrid security called Nufarm Step-up Securities (NSS). The NSS are classified as equity instruments and after-tax distributions thereon are recognised as distributions within equity. Dividends Dividends on ordinary capital are recognised as a liability in the period in which they are declared. (d) Property, plant and equipment Recognition and measurement Items of property, plant and equipment are measured at cost less accumulated depreciation and impairment losses. The cost of property, plant and equipment at 1 August 2004, the date of transition to AIFRS, was determined by reference to its fair value at that date. Cost includes expenditures that are directly attributable to the acquisition of the asset. The cost of self-constructed assets includes the cost of materials and direct labour, any other costs directly attributable to bringing the asset to a working condition for its intended use, and the costs of dismantling and removing the items and restoring the site on which they are located. Purchased software that is integral to the functionality of the related equipment is capitalised as part of that equipment. Borrowing costs related to the acquisition or construction of qualifying assets are recognised in profit or loss as incurred. When parts of an item of property, plant and equipment have different useful lives, they are accounted for as separate items (major components) of property, plant and equipment. Gains and losses on disposal of an item of property, plant and equipment are determined by comparing the proceeds from disposal with the carrying amount of property, plant and equipment and are recognised net within ‘other income’ in profit or loss. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 51 notes to the financial statements continued 3. Significant accounting policies continued (d) Property, plant and equipment continued Subsequent costs The cost of replacing part of an item of property, plant and equipment is recognised in the carrying amount of the item if it is probable that the future economic benefits embodied within the part will flow to the group and its cost can be measured reliably. The costs of day-to-day servicing of property, plant and equipment are recognised in profit or loss as incurred. Depreciation Depreciation is recognised in profit or loss on a straight-line basis over the estimated useful lives of each part of an item of property, plant and equipment. Lease assets are depreciated over the shorter of the lease term and their useful lives, unless it is reasonably certain that the group will obtain ownership by the end of the lease term. Land is not depreciated. The estimated useful lives for the current and comparative periods are as follows: • buildings 15–50 years • leasehold improvements 5 years • plant and equipment 10–15 years • motor vehicles • computer equipment 5 years 3 years Depreciation methods, useful lives and residual values are reassessed at each reporting date. (e) Intangible assets Goodwill Goodwill arises on the acquisition of subsidiaries, associates and jointly controlled entities. Acquisitions prior to 1 August 2004 As part of its transition to IFRS, the group elected not to restate those business combinations that occurred prior to 1 August 2004. In respect of acquisitions prior to 1 August 2004, goodwill represents the amount recognised under the group’s previous accounting framework, Australian GAAP. Acquisitions since 1 August 2004 For acquisitions since 1 August 2004, goodwill represents the excess of the cost of the acquisition over the group’s interest in the net fair value of the identifiable assets, liabilities and contingent liabilities of the acquiree. Acquisitions of minority interests Goodwill arising on the acquisition of a minority interest in a subsidiary represents the excess of the cost of the additional investment over the carrying amount of the net assets acquired at the date of exchange. Subsequent measurement Goodwill is measured at cost less accumulated impairment losses. In respect of equity investments, the carrying amount of goodwill is included in the carrying amount of the investment. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 52 notes to the financial statements continued 3. Significant accounting policies continued (e) Intangible assets continued Research and development Expenditure on research activities, undertaken with the prospect of gaining new scientific or technical knowledge and understanding, is recognised in profit or loss when incurred. Development activities involve a plan or design for the production of new or substantially improved products and processes. Development expenditure is capitalised only if development costs can be measured reliably, the product or process is technically and commercially feasible, future economic benefits are probable and the group has sufficient resources to complete development and to use or sell the asset. The expenditure capitalised includes the cost of materials, direct labour and overhead costs that are directly attributable to preparing the asset for its intended use. Borrowing costs related to the development of qualifying assets are recognised in profit or loss as incurred. Development expenditure that does not meet the above criteria is recognised in profit or loss as incurred. Capitalised development expenditure is measured at cost less accumulated amortisation and impairment losses. Intellectual property Intellectual property consists of product registrations, product access rights, trademarks, task force seats, product distribution rights and product licences acquired from third parties. Generally, product registrations, product access rights, trademarks and task force seats, if purchased outright, are considered to have an indefinite life as there are minimal annual fees to maintain the assets. Other items of acquired intellectual property are considered to have a finite life in accordance with the terms of the acquisition agreement. Intellectual property intangibles acquired by the group are measured at cost less accumulated amortisation and impairment losses. Expenditure on internally generated goodwill and brands is expensed when incurred. Subsequent expenditure Subsequent expenditure is capitalised only when it increases the future economic benefits embodied in the specific asset to which it relates. All other expenditure is recognised in profit or loss when incurred. Amortisation For those intangibles with a finite life, amortisation is recognised in profit or loss on a straight-line basis over the estimated useful lives of the assets. The estimated useful life for intangible assets with a finite life, in the current and comparative periods, are as follows: • capitalised development costs 5 years • intellectual property – finite life Over the useful life in accordance with the acquisition agreement terms • computer software 3 to 7 years (f) Leased assets Leases in terms of which the group assumes substantially all of the risks and rewards of ownership are classified as finance leases. Upon initial recognition, the leased asset is measured at an amount equal to the lower of its fair value and the present value of the minimum lease payments. Subsequent to initial recognition, the asset is accounted for in accordance with the accounting policy applicable to that asset. Other leases are operating leases and the leased assets are not recognised on the group’s balance sheet. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 53 notes to the financial statements continued 3. Significant accounting policies continued (g) Inventories Inventories are measured at the lower of cost and net realisable value. The cost of inventories is based on the first-in first-out principle and includes expenditure incurred in acquiring the inventories, production or conversion costs and other costs incurred in bringing them to their existing location and condition. In the case of manufactured inventories and work in progress, cost includes an appropriate share of overheads based on normal operating capacity. Net realisable value is the estimated selling price in the ordinary course of business, less the estimated costs of completion and selling expenses. (h) Impairment Financial assets A financial asset is assessed at each reporting date to determine whether there is any objective evidence that it is impaired. A financial asset is considered to be impaired if objective evidence indicates that one or more events have had a negative effect on the estimated future cash flows of that asset. An impairment loss in respect of a financial asset measured at amortised cost is calculated as the difference between its carrying amount and the present value of estimated future cash flows discounted at the original effective interest rate. An impairment loss in respect of an available-for-sale financial asset is calculated by reference to its current fair value. Individually significant financial assets are tested for impairment on an individual basis. The remaining financial assets are assessed collectively in groups that share similar credit risk characteristics. All impairment losses are recognised in profit or loss. Any cumulative loss in respect of an available-for-sale financial asset recognised previously in equity is transferred to profit or loss. An impairment loss is reversed if the reversal can be related objectively to an event occurring after the impairment loss was recognised. For financial assets measured at amortised cost and available-for-sale financial assets that are debt securities, the reversal is recognised in profit or loss. For available-for-sale financial assets that are equity securities, the reversal is recognised directly in equity. Non-financial assets The carrying amounts of the group’s non-financial assets, other than inventories and deferred tax assets, are reviewed at each reporting date to determine whether there is any indication of impairment. If any such indication exists, the asset’s recoverable amount is estimated. For goodwill and intangible assets that have indefinite lives or that are not yet available for use, the recoverable amount is estimated at each reporting date. The recoverable amount of an asset or cash-generating unit is the greater of its value in use and its fair value less costs to sell. In assessing value in use, the estimated future cash flows are discounted to their present value using a pre-tax discount rate that reflects current market assessments of the time value of money and the risks specific to the asset. For the purpose of impairment testing, assets are grouped together into the smallest group of assets that generates cash flows from continuing use that are largely independent of the cash inflows of other assets or groups of assets. The goodwill acquired in a business combination, for the purpose of impairment testing, is allocated to cash-generating units that are expected to benefit from the synergies of the combination. An impairment loss is recognised if the carrying amount of an asset or its cash-generating unit exceeds its recoverable amount. Impairment losses are recognised in profit or loss. Impairment losses recognised in respect of cash-generating units are allocated first to reduce the carrying amount of any goodwill allocated to the units and then to reduce the carrying amount of other assets in the unit on a pro-rata basis. An impairment loss in respect of goodwill is not reversed. In respect of other assets, impairment losses recognised in prior periods are assessed at each reporting date for any indications that the loss has decreased or no longer exists. An impairment loss is reversed if there has been a change in the estimates used to determine the recoverable amount. An impairment loss is reversed only to the extent that the asset’s carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortisation, if no impairment loss had been recognised. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 54 notes to the financial statements continued 3. Significant accounting policies continued (i) Non-current assets held for sale Non-current assets (or disposal groups comprising assets and liabilities) that are expected to be recovered primarily through sale rather than continuing use are classified as held for sale. Immediately before classification as held for sale, the assets (or components of a disposal group) are remeasured in accordance with the group’s accounting policies. Thereafter generally the assets (or disposal group) are measured at the lower of their carrying amount and fair value less cost to sell. Any impairment loss on a disposal group is allocated first to goodwill, and then to the remaining assets and liabilities on a pro rata basis, except that no loss is allocated to inventories, financial assets, deferred tax assets and employee benefit assets, which continue to be measured in accordance with the group’s accounting policies. Impairment losses on initial classification as held for sale and subsequent gains or losses on remeasurement are recognised in profit or loss. Gains are not recognised in excess of any cumulative impairment loss. (j) Employee benefits Defined contribution plans A defined contribution plan is a post-employment benefit plan under which an entity pays fixed contributions into a separate entity and will have no legal or constructive obligation to pay further amounts. Obligations for contributions to defined contribution plans are recognised as an expense in profit or loss when they are due. Prepaid contributions are recognised as an asset to the extent that a cash refund or a reduction in future payments is available. Defined benefit plans A defined benefit plan is a post-employment benefit plan other than a defined contribution plan. The group’s net obligation in respect of defined benefit plans is calculated separately for each plan by estimating the amount of future benefit that employees have earned in return for their service in the current and prior periods; that benefit is discounted to determine its present value. Any unrecognised past service costs and the fair value of any plan assets are deducted. The discount rate is the yield at the reporting date on government bonds that have maturity dates approximating the terms of the group’s obligations and that are denominated in the same currency in which the benefits are expected to be paid. The calculation is performed annually by a qualified actuary using the projected unit credit method. When the calculation results in a benefit to the group, the recognised asset is limited to the net total of any unrecognised past service costs and the present value of any future refunds from the plan or reductions in future contributions to the fund. When the benefits of a fund are improved, the portion of the increased benefit relating to past service by employees is recognised in profit or loss on a straight-line basis over the average period until the benefits become vested. To the extent that the benefits vest immediately, the expense is recognised immediately in profit or loss. The group recognises all actuarial gains and losses arising from the defined benefit plans directly in equity immediately. Other long term employee benefits The group’s net obligation in respect of long term employee benefits, other than defined benefit plans, is the amount of benefit that employees have earned in return for their service in the current and prior periods plus related on-costs; that benefit is discounted to determine its present value, and the fair value of any related assets is deducted. The discount rate is the yield at the reporting date on government bonds that have maturity dates approximating the terms of the group’s obligations. The calculation is performed using the projected unit credit method. Any actuarial gains or losses are recognised in profit or loss in the period in which they arise. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 55 notes to the financial statements continued 3. Significant accounting policies continued (j) Employee benefits continued Termination benefits Termination benefits are recognised as an expense when the group is demonstrably committed, without a realistic possibility of withdrawal, to a formal detailed plan to either terminate employment before the normal retirement date, or to provide termination benefits as a result of an offer made to encourage voluntary redundancy. Termination benefits for voluntary redundancies are recognised as an expense if the group has made an offer encouraging voluntary redundancy, it is probable that the offer will be accepted and the number of acceptances can be estimated reliably. Short term benefits Liabilities for employee benefits for wages, salaries, annual leave and sick leave represent present obligations resulting from employees’ services provided to reporting date and are calculated at undiscounted amounts based on remuneration wage and salary rates that the group expects to pay as at reporting date including related on-costs, such as workers compensation insurance and payroll tax. Non-accumulating non-monetary benefits, such as medical care, housing, cars and free or subsidised goods and services are expensed based on the net marginal cost to the group as the benefits are taken by employees. A liability is recognised for the amount expected to be paid under short term cash bonus or profit-sharing plans if the group has a present legal or constructive obligation to pay this amount as a result of past service provided by the employee and the obligation can be estimated reliably. Share-based payment transactions The group has a global share plan for employees whereby matching and loyalty shares are granted to employees. The fair value of matching and loyalty shares granted is recognised as expense in the profit or loss over the respective service period, with a corresponding increase in equity, rather than as the matching and loyalty shares are issued. Refer note 28 for details of the global share plan. (k) 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. 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. A provision for restructuring is recognised when the group has approved a detailed and formal restructuring plan, and the restructuring either has commenced or has been announced publicly. Future operating costs are not provided for. (l) Revenue Goods sold Revenue from the sale of goods is measured at the fair value of the consideration received or receivable, net of returns, trade discounts and volume rebates. Revenue is recognised when the significant risks and rewards of ownership have been transferred to the buyer, recovery of the consideration is probable, the associated costs and possible return of goods can be estimated reliably, there is no continuing management involvement with the goods and the amount of revenue can be measured reliably. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 56 notes to the financial statements continued 3. Significant accounting policies continued (m) Lease payments Payments made under operating leases are recognised in profit or loss on a straight-line basis over the term of the lease. Lease incentives received are recognised as an integral part of the total lease expense, over the term of the lease. Minimum lease payments made under finance leases are apportioned between the finance expense and the reduction of the outstanding liability. The finance expense is allocated to each period during the lease term so as to produce a constant periodic rate of interest on the remaining balance of the liability. Contingent lease payments are accounted for by revising the minimum lease payments over the remaining term of the lease when the contingency no longer exists and the lease adjustment is known. (n) Finance income and expense Finance income comprises interest income on funds invested, dividend income, changes in the fair value of financial assets at fair value through profit or loss, and gains on hedging instruments that are recognised in profit or loss. Interest income is recognised as it accrues in profit or loss, using the effective interest method. Dividend income is recognised in profit or loss on the date that the group’s right to receive payment is established. Finance expense comprises interest expense on borrowings, unwinding of the discount on provisions, changes in the fair value of financial assets at fair value through profit or loss, dividends on preference shares classified as liabilities, impairment losses recognised on financial assets and losses on hedging instruments that are recognised in profit or loss. All borrowing costs are recognised in profit or loss using the effective interest method. Foreign currency gains and losses are reported on a net basis. (o) Income tax Income tax expense comprises current and deferred tax. Income tax expense is recognised in profit or loss except to the extent that it relates to items recognised directly in equity, in which case it is recognised in equity. Current tax is the expected tax payable on the taxable income for the year, using tax rates enacted or substantially enacted at the reporting date, and any adjustment to tax payable in respect of previous years. Deferred tax is recognised using the balance sheet method, providing for temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for taxation purposes. Deferred tax is not recognised for the following temporary differences: the initial recognition of assets or liabilities in a transaction that is not a business combination and that affects neither accounting nor taxable profit, and differences relating to investments in subsidiaries and jointly controlled entities to the extent that they will probably not reverse in the foreseeable future. In addition, deferred tax is not recognised for taxable temporary differences arising on the initial recognition of goodwill. Deferred tax is measured at the tax rates that are expected to be applied to the temporary differences when they reverse, based on the laws that have been enacted or substantively enacted by the reporting date. Deferred tax assets and liabilities are offset if there is a legally enforceable right to offset current tax liabilities and assets and they relate to income taxes levied by the same tax authority on the same taxable entity or on different tax entities but they intend to settle current tax liabilities and assets on a net basis or their tax assets and liabilities will be realised simultaneously. A deferred tax asset is recognised only to the extent that it is probable that future taxable profits will be available against which the temporary differences can be utilised. Deferred tax assets are reviewed at each reporting date and are reduced to the extent that it is no longer probable that the related tax benefit will be realised. Additional income taxes that arise from the distribution of dividends are recognised at the same time as the liability to pay the related dividend is recognised. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 57 notes to the financial statements continued 3. Significant accounting policies continued (o) Income tax continued Tax consolidation The company and its wholly-owned Australian resident entities are part of a tax-consolidated group. As a consequence, all members of the tax-consolidated group are taxed as a single entity from that date. The head entity within the tax-consolidated group is Nufarm Limited. Current tax expense/income, deferred tax liabilities and deferred tax assets arising from temporary differences of the members of the tax-consolidated group are recognised in the separate financial statements of the members of the tax-consolidated group using the ‘separate taxpayer within group’ approach by reference to the carrying amounts of assets and liabilities in the separate financial statements of each entity and the tax values applying under tax consolidation. Any current tax liabilities (or assets) and deferred tax assets arising from unused tax losses of the subsidiaries are assumed by the head entity in the tax-consolidated group and are recognised by the company as amounts payable (receivable) to (from) other entities in the tax-consolidated group in conjunction with any tax funding arrangement amounts (refer below). Any difference between these amounts is recognised by the company as an equity contribution or distribution. The company recognises deferred tax assets arising from unused tax losses of the tax-consolidated group to the extent that it is probable that future taxable profits of the tax-consolidated group will be available against which the asset can be utilised. Any subsequent period adjustments to deferred tax assets arising from unused tax losses as a result of revised assessments of the probability of recoverability is recognised by the head entity only. Nature of tax funding arrangements and tax sharing agreements The head entity, in conjunction with other members of the tax-consolidated group, has entered into a tax funding arrangement which sets out the funding obligations of members of the tax-consolidated group in respect of tax amounts. The tax funding arrangements require payments to/from the head entity equal to the current tax liability/ (asset) assumed by the head entity and any tax-loss deferred tax asset assumed by the head entity, resulting in the head entity recognising an inter-entity receivable/(payable) equal in amount to the tax liability/(asset) assumed. The inter-entity receivables/(payables) are at call. Contributions to fund the current tax liabilities are payable as per the tax funding arrangement and reflect the timing of the head entity’s obligation to make payments for tax liabilities to the relevant tax authorities. The head entity, in conjunction with other members of the tax-consolidated group, has also entered a tax sharing agreement. The tax sharing agreement provides for the determination of the allocation of the income tax liabilities between the entities should the head entity default on its tax payment obligations. No amounts have been recognised in the financial statements in respect of this agreement as payment of any amounts under the tax sharing agreement is considered remote. (p) Goods and services tax Revenue, expenses and assets are recognised net of the amount of goods and services tax (GST or equivalent), except where the GST incurred is not recoverable from the taxation authority. In these circumstances, the GST is recognised as part of the cost of acquisition of the asset or as part of the expense. Receivables and payables are stated with the amount of GST included. The net amount of GST recoverable from, or payable to, the ATO is included as a current asset or liability in the balance sheet. Cash flows are included in the statement of cash flows on a gross basis. The GST components of cash flows arising from investing and financing activities which are recoverable from, or payable to, the relevant tax authorities are classified as operating cash flows. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 58 notes to the financial statements continued 3. Significant accounting policies continued (q) Discontinued operations A discontinued operation is a component of the group’s business that represents a separate major line of business or geographical area of operations that has been disposed of or is held for sale, or is a subsidiary acquired exclusively with a view to resale. Classification as a discontinued operation occurs upon disposal or when the operation meets the criteria to be classified as held for sale, if earlier. When an operation is classified as a discontinued operation, the comparative income statement is re-presented as if the operation had been discontinued from the start of the comparative period. (r) Earnings per share The group presents basic and diluted earnings per share (EPS) data for its ordinary shares. Basic EPS is calculated by dividing the profit or loss attributable to ordinary shareholders of the company by the weighted average number of ordinary shares outstanding during the period. Diluted EPS is determined by adjusting the profit or loss attributable to ordinary shareholders and the weighted average number of ordinary shares outstanding for the effects of all potential dilutive ordinary shares, which comprise convertible notes and share options granted to employees. (s) Segment reporting A segment is a distinguishable component of the group that is engaged either in providing related products or services (business segment) or in providing products or services within a particular economic environment (geographic segment), which is subject to risks or rewards that are different from those of other segments. The group’s primary format for reporting segment is based on geographic segments. The geographic segments are determined based on the group’s management and internal reporting structure. Inter-segment pricing is determined on an arm’s length basis. Segment results, assets and liabilities include items directly attributable to a segment as well as those that can be allocated on a reasonable basis. Unallocated items comprise mainly loans and borrowings and related expenses, corporate assets and head office expenses, and income tax assets and liabilities. Segment capital expenditure is the total cost incurred during the period to acquire property, plant and equipment and intangible assets other than goodwill. (t) New standards and interpretations not yet adopted The following standards, amendments to standards and interpretations have been identified as those which may impact the entity in the period of initial application. They are available for early adoption at 31 July 2008, but have not been applied in preparing this financial report: • Revised AASB 3 Business Combinations changes the application of acquisition accounting for business combinations and the accounting for non-controlling (minority) interests. Key changes include: the immediate expensing of all transaction costs; measurement of contingent consideration at acquisition date with subsequent changes through the income statement; measurement of non-controlling (minority) interests at full fair value or the proportionate share of the fair value of underlying net assets; guidance on issues such as reacquired rights and vendor indemnities; and the inclusion of combinations by contract alone and those involving mutuals. The revised standard becomes mandatory for the group’s 31 July 2010 financial statements. The group has not yet determined the potential effect of the revised standard on the group’s financial report. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 59 notes to the financial statements continued 3. Significant accounting policies continued (t) New standards and interpretations not yet adopted continued • AASB 8 Operating Segments introduces the ‘management approach’ to segment reporting. AASB 8, which becomes mandatory for the group’s 31 July 2010 financial statements, will require the disclosure of segment information based on the internal reports regularly reviewed by the group’s chief operating decision maker in order to assess each segment’s performance and to allocate resources to them. Currently, the group presents segment information in respect of its geographical segments. This is not expected to change under AASB 8. • Revised AASB 101 Presentation of Financial Statements introduces as a financial statement (formerly ‘primary’ statement) the ‘statement of comprehensive income’. The revised standard does not change the recognition, measurement or disclosure of transactions and events that are required by other AASBs. The revised AASB 101 will become mandatory for the group’s 31 July 2010 financial statements. The group has not yet determined the potential effect of the revised standard on the group’s disclosures. • Revised AASB 123 Borrowing Costs removes the option to expense borrowing costs and requires that an entity capitalise borrowing costs directly attributable to the acquisition, construction or production of a qualifying asset as part of the cost of that asset. The revised AASB 123 will become mandatory for the group’s 31 July 2010 financial statements and will constitute a change in accounting policy for the group. In accordance with the transitional provisions the group will apply the revised AASB 123 to qualifying assets for which capitalisation of borrowing costs commences on or after the effective date. The group has not yet determined the potential effect of the revised standard on future earnings. • Revised AASB 127 Consolidated and Separate Financial Statements changes the accounting for investments in subsidiaries. Key changes include: the remeasurement to fair value of any previous/retained investment when control is obtained/lost, with any resulting gain or loss being recognised in profit or loss; and the treatment of increases ownership interest after control is obtained as transactions with equity holders in their capacity as equity holders. The revised standard will become mandatory for the group’s 31 July 2010 financial statements. The group has not yet determined the potential effect of the revised standard on the group’s financial report. • AASB 2008-1 Amendments to Australian Accounting Standard – Share-based Payment: Vesting Conditions and Cancellations changes the measurement of share-based payments that contain non-vesting conditions. AASB 2008-1 becomes mandatory for the group’s 31 July 2010 financial statements. The group has not yet determined the potential effect of the amending standard on the group’s financial report. • AI 13 Customer Loyalty Programmes addresses the accounting by entities that operate, or otherwise participate in, customer loyalty programmes for their customers. It relates to customer loyalty programmes under which the customer can redeem credits for awards such as free or discounted goods or services. AI 13, which becomes mandatory for the group’s 31 July 2009 financial statements, is not expected to have any impact on the financial report. • AI 14 IAS 19 – The Limit on a Defined Benefit Asset, Minimum Funding Requirements and Their Interaction clarifies when refunds or reductions in future contributions in relation to defined benefit assets should be regarded as available and provides guidance on the impact of minimum funding requirements (MFR) on such assets. It also addresses when a MFR might give rise to a liability. AI 14 will become mandatory for the group’s 31 July 2009 financial statements, with retrospective application required. The group has not yet determined the potential effect of the interpretation. 4. Determination of fair values A number of the group’s accounting policies and disclosures require the determination of fair value, for both financial and non-financial assets and liabilities. Fair values have been determined for measurement and/or disclosure purposes based on the following methods. When applicable, further information about the assumptions made in determining fair values is disclosed in the notes specific to that asset or liability. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 60 notes to the financial statements continued 4. Determination of fair values continued (i) Property, plant and equipment The fair value of property, plant and equipment recognised as a result of a business combination is based on market values. The market value of property is the estimated amount for which a property could be exchanged on the date of valuation between a willing buyer and a willing seller in an arm’s length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion. The market value of items of plant, equipment, fixtures and fittings is based on the quoted market prices for similar items. (ii) Intangibles assets The fair value of patents and trademarks acquired in a business combination is based on the discounted estimated royalty payments that have been avoided as a result of the patent or trademark being owned. The fair value of other intangible assets is based on the discounted cash flows expected to be derived from the use and eventual sale of the assets. (iii) Inventories The fair value of inventory acquired in a business combination is determined based on its estimated selling price in the ordinary course of business less the estimated costs of completion and sale, and a reasonable profit margin based on effort required to complete and sell the inventory. (iv) Investments in equity and debt securities The fair value of financial assets at fair value through profit or loss, held-to-maturity investments and available-for- sale financial assets is determined by reference to their quoted bid price at the reporting date. The fair value of held-to-maturity investments is determined for disclosure purposes only. (v) Trade and other receivables The fair value of trade and other receivables is estimated as the present value of future cash flows, discounted at the market rate of interest at the reporting date. (vi) Derivatives The fair value of forward exchange contracts is based on their listed market price, if available. If a listed market price is not available, then fair value is estimated by discounting the difference between the contractual forward price and the current forward price for the residual maturity of the contract using a risk-free interest rate (based on government bonds). The fair value of interest rate swaps is based on broker quotes. Those quotes are tested for reasonableness by discounting estimated future cash flows based on the terms and maturity of each contract and using market interest rates for a similar instrument at the measurement date. (vii) Non-derivative financial liabilities Fair value, which is determined for disclosure purposes, is calculated based on the present value of future principal and interest cash flows, discounted at the market rate of interest at the reporting date. For finance leases, the market rate of interest is determined by reference to similar lease agreements. (viii) Financial guarantees For financial guarantee contract liabilities, the fair value at initial recognition is determined using a probability weighted discounted cash flow approach. This method takes into account the probability of default by the guaranteed party over the term of the contract, the loss given default (being the proportion of the exposure that is not expected to be recovered in the event of default) and exposure at default (being the maximum loss at time of default). 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 61 notes to the financial statements continued 5. Segment reporting Segment information is presented in respect of the group’s geographic segments. This the primary format of segment reporting based on the group’s management and internal reporting structure. The group operates predominantly in one business segment, being the crop protection industry. The business is managed on a worldwide basis, with the major geographic segments for reporting being Australasia, Europe, North America and South America. In prior years, an Americas region only has been reported. However, with the consolidation of the Agripec business in 2007, the Americas has been split between North and South America. The North America region includes Canada, USA, Mexico, the Central American countries and the Andean region. The South America region includes Brazil, Argentina, Chile, Uruguay, Paraguay and Bolivia. The prior year information has been restated to reflect the new segments. In presenting information on the basis of geographic segments, segment revenue is based on the geographic location of customers. Segment assets are based on the geographic location of the assets. Geographic segments 2008 Revenue Total segment revenue Results Segment result before associate profit Share of profit of associates Segment result Unallocated corporate expenses Operating result Barter trade loss realised on option contracts – Brazil Net non-cash revaluation profit/(loss) on proceeds from Nufarm Step-up Securities financing Net financing costs Income tax expense Profit for the period Assets Segment assets Investment in associates Unallocated assets Total assets Liabilities Segment liabilities Unallocated liabilities Total liabilities Other segment information Capital expenditure Depreciation Amortisation Australasia $000 Europe $000 North America $000 South America $000 Consolidated $000 874,992 554,661 631,383 431,422 2,492,458 146,364 1,228 147,592 54,908 1,336 56,244 84,336 134 84,470 59,301 – 59,301 802,727 10,182 823,279 13,628 599,214 454 723,851 – 311,133 266,017 221,504 80,398 344,909 2,698 347,607 (38,738) 308,869 (34,259) (4,119) (80,195) (52,176) 138,120 2,949,071 24,264 240,545 3,213,880 879,052 1,029,610 1,908,662 61,400 17,253 2,388 173,120 12,889 5,929 119,661 4,182 1,399 27,628 2,256 1,184 381,809 36,580 10,900 Capital expenditure includes the fixed assets, goodwill and intangibles resulting from the AH Marks and Etigra acquisitions. The AH Marks values are included in Europe and Etigra is included in North America. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 62 notes to the financial statements continued 5. Segment reporting continued Geographic segments 2007 Revenue Total segment revenue Australasia $000 Europe $000 North America $000 South America $000 Consolidated $000 685,043 439,615 517,483 122,243 1,764,384 Results Segment result before associate profit Share of profit of associates 101,686 775 37,372 (600) 63,945 82 17,318 7,799 Segment result 102,461 36,772 64,027 25,117 Unallocated corporate expenses Operating result Net non-cash revaluation profit/(loss) on proceeds from Nufarm Step-up Securities financing Net financing costs Income tax expense Profit/(loss) of discontinued operations and gain on sale of discontinued operations Profit for the period Assets Segment assets Investment in associates Unallocated assets Total assets Liabilities Segment liabilities Unallocated liabilities Total liabilities Other segment information Capital expenditure Depreciation Amortisation 220,321 8,056 228,377 (26,354) 202,023 885 (54,434) (41,151) 41,840 149,163 2,187,529 22,966 228,416 2,438,911 886,041 523,719 1,409,760 797,017 9,407 556,272 13,207 302,834 352 531,406 – 276,168 154,006 149,716 306,151 56,533 15,983 2,742 26,989 13,114 5,044 8,270 4,009 660 257,121 486 171 348,913 33,592 8,617 Capital expenditure includes the goodwill and intangibles resulting from the Agripec acquisition. These are included in the South America region. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 63 notes to the financial statements continued 6. Items of material income and expense The following material items were included in the period result: Gain on sale of businesses Barter trade loss realised on option contracts – Brazil Net non-cash revaluation profit/(loss) on proceeds from Nufarm Step-up Securities financing Agripec impairment loss on trade receivables Other items, including restructuring Material items profit/(loss) before tax Tax (expense)/benefit thereon Material items profit/(loss) after tax 7. Other income Consolidated 2008 $000 2007 $000 502 (34,259) (4,119) – (1,568) (39,444) 13,483 (25,961) 41,595 – 885 (4,606) (3,487) 34,387 (5,859) 28,528 Dividends from wholly owned controlled entities Management fees from controlled entities Sundry income Total other income 8. Other expenses The following expenses were included in the period result: Depreciation and amortisation Impairment gain/(loss) on trade receivables1 Movement in stock obsolescence provision 1 Excludes items set out in note 6 9. Personnel expenses Wages and salaries Other associated personnel expenses Contributions to defined contribution superannuation funds Expenses related to defined benefit superannuation funds Increase in liability for annual leave Increase in liability for long-service leave Consolidated Company 2008 $000 – – 5,519 5,519 2007 $000 – – 8,567 8,567 2008 $000 59,444 3,240 376 63,060 2007 $000 53,164 3,522 707 57,393 (47,480) (533) (828) (42,209) 251 (138) (646) (43) (50) (595) – – (177,724) (30,023) (146,156) (26,424) (4,278) (309) (4,474) (333) (8,590) (6,133) (521) (604) (3,290) (7,106) (2,180) (3,122) (4,513) (1,891) – (323) – – (119) – (228,913) (188,239) (5,431) (5,530) 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 64 notes to the financial statements continued 10. Net financing costs Interest income – controlled subsidiaries Interest income – external Financial income Interest expense – controlled entities Interest expense – external Costs of securitisation program Financial expenses Consolidated Company 2008 $000 – 3,202 3,202 – (75,553) (7,844) (83,397) 2007 $000 – 5,336 5,336 – (54,666) (5,104) (59,770) 2008 $000 – 119 119 (3,129) (54) – (3,183) 2007 $000 4,485 2,316 6,801 (8,727) (9) – (8,736) Net financing costs (80,195) (54,434) (3,064) (1,935) 11. Income tax expense Recognised in the income statement Current tax expense Current year Adjustments for prior years Deferred tax expense Origination and reversal of temporary differences Reduction in tax rates Benefit of tax losses recognised 43,941 (1,663) 42,278 12,717 283 (3,102) 9,898 73,187 306 73,493 (10,135) (1,341) (12,427) (23,903) 2,016 87 2,103 58 8 – 66 1,428 1 1,429 19 – – 19 Total income tax expense in income statement 52,176 49,590 2,169 1,448 Attributable to: Continuing operations Discontinued operations Numerical reconciliation between tax expense and pre-tax net profit Profit before tax – continuing operations Profit before tax – discontinued operations Profit before tax Income tax using the local corporate tax rate of 30 per cent Increase in income tax expense due to: Non-deductible expenses Effect on tax rate in foreign jurisdictions Effect of changes in the tax rate 52,176 – 52,176 41,151 8,439 49,590 2,169 – 2,169 1,448 – 1,448 190,296 – 190,296 148,474 50,279 198,753 66,867 – 66,867 64,562 – 64,562 57,089 59,626 20,060 19,369 3,601 (2,206) (459) 3,302 1,171 (1,064) 281 (63) 8 (139) 101 – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 65 notes to the financial statements continued 11. Income tax expense continued Decrease in income tax expense due to: Effect of tax losses derecognised/(recognised) Tax exempt income Tax incentives not recognised in the income statement Under/(over) provided in prior years Income tax expense on pre-tax net profit Income tax expense/(benefit) recognised directly in equity Relating to actuarial gains on defined benefit plans Relating to cost of issuing equity Nufarm Step-up Securities distribution Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 – (300) (3,886) 53,839 (1,663) 52,176 221 (699) (7,272) (7,750) (3,489) (9,602) 660) 49,284 306 49,590 1,157 (1,928) (2,700) (3,471) – (18,204) – 2,082 87 2,169 – (17,884) – 1,447 1 1,448 – – – – – – – – 12. Discontinued operation There were no discontinued operations in the current year. In the prior year, the group sold its stake in the Nufarm-Coogee joint venture, which owns and operates two industrial chlor alkali plants in Western Australia. Consolidated Revenue Expenses Results from operating activities Income tax expense Results from operating activities, net of income tax Gain on sale of discontinued operation Income tax expense Gain on sale of discontinued operations after tax Profit and loss of discontinued operations (per income statement) Cash flows from discontinuing operations Operating Investing Financing Net cash flows attributable to discontinuing operations 2008 $000 – – – – – – – – – – – – – 2007 $000 29,806 (16,703) 13,103 (3,938) 9,165 37,176 (4,501) 32,675 41,840 9,165 (384) (934) 7,847 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 66 notes to the financial statements continued 12. Discontinued operation continued Effect of the disposals on the financial position of the group Receivables Inventories Property, plant and equipment Intangibles Deferred tax asset Trade payables Employee benefits Income tax payable Finance lease liability Deferred tax liability Net identifiable assets and liabilities Consideration received, satisfied in cash Deferred consideration Cash disposed of Net cash inflow Other costs associated with disposal Gain on sale of discontinued operations before tax 13. Non-current assets held for sale Consolidated 2008 $000 2007 $000 – – – – – – – – – – – – – – – – – 2,824 403 13,917 – 3,914 (1,449) (742) (5,285) – (328) 13,254 51,000 – (489) 50,511 (81) 37,176 There were no assets held for sale at the end of the current or prior financial periods. 14. Acquisition of subsidiaries Acquisitions during the year include the AH Marks (5 March 2008) and Etigra (31 March 2008) businesses. AH Marks is a manufacturer and supplier of crop protection and industrial products. The company is based at Wyke, UK and the purchase price was £74.6 million, consisting of cash consideration of £46.5 million with £28.1 million in assumed debt. Etigra is a supplier of crop protection products, specialising in the US turf and specialty markets. It is based in North Carolina and the assets of Etigra were acquired for US$65 million. In the period to 31 July 2008, these businesses contributed profit of $8,411,160 to the consolidated group after tax profit. If the above acquisitions had occurred on 1 August 2007, their full-year contribution to group revenues would have been $182,872,236 and to the consolidated entity’s profit after tax would have been $2,866,358. Since the date of acquisition (5 March 2008), AH Marks contributed a profit of $4.5 million. It had made a loss in the period prior to acquisition, which will not occur in the following year. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 67 notes to the financial statements continued 14. Acquisition of subsidiaries continued Acquiree’s net assets at acquisition date Cash and cash equivalents Receivables Inventory Property, plant and equipment Intangibles Deferred taxes Trade and other payables Employee benefits Interest bearing loans and borrowings Other liabilities Net identifiable assets and liabilities Acquisition costs Identifiable intangibles (registrations and trademarks) acquired on acquisition Goodwill on acquisition Consideration satisfied in cash Deferred consideration at balance date Cash (acquired) Net cash outflow/(inflow) Recognised values $000 Preliminary fair value adjustments $000 Carrying amounts $000 (935) 57,877 11,905 75,561 4,059 (6,391) (49,277) (6,771) (40,303) (10,457) 35,268 2008 – – – – (3,471) – (1,506) 2,111 – – (2,866) (935) 57,877 11,905 75,561 588 (6,391) (50,783) (4,660) (40,303) (10,457) 32,402 2,407 94,235 39,519 168,563 (11,135) 935 158,363 Pre-acquisition carrying values were determined based on applicable accounting standards immediately before the acquisition. The value of assets, liabilities and contingent liabilities recognised on acquisition are their estimated fair values (see note 4 for methods used in determining fair values). Goodwill has arisen on the acquisitions above, mainly resulting from the synergies that these acquisitions bring to the Nufarm group. Acquisitions during the prior year included the Agrosol crop protection business in Italy for €6.4 million (19 October 2006), and the remaining 50.1 per cent of Agripec Quimica e Farmaceutica SA (1 June 2007), a crop protection company based in Brazil. Agripec had previously been accounted for as an equity investment. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 68 notes to the financial statements continued 14. Acquisition of subsidiaries continued Acquiree’s net assets at acquisition date Cash and cash equivalents Receivables Inventory Property, plant and equipment Intangibles Deferred taxes Other assets Trade and other payables Employee benefits Interest bearing loans and borrowings Other liabilities Net identifiable assets and liabilities Reversal of equity investment Acquisition costs Identifiable intangibles (registrations and trademarks) acquired on acquisition Goodwill on acquisition Consideration satisfied in cash Deferred consideration at balance date Cash (acquired) Net cash outflow/(inflow) 15. Cash and cash equivalents Bank balances Call deposits Cash and cash equivalents Bank overdrafts repayable on demand Cash and cash equivalents in the statement of cash flows Recognised values $000 Fair value adjustments $000 Carrying amounts $000 50,540 150,586 41,613 21,384 14,842 37,290 1,707 (88,927) (583) (34,585) (16,714) 187,153 2007 – (6,095) 1,209 6,451 (29) (1,252) – (3,100) (19) – (5,488) (8,323) 50,540 144,491 42,822 27,835 14,813 36,038 11,707 (92,027) (602) (34,585) (22,202) 178,830 (216,331) (3,930) 128,488 142,127 229,184 (218,750) (50,540) (40,106) Consolidated Company 2008 $000 12,611 46,532 59,143 (20,841) 2007 $000 8,704 83,673 92,377 (12,716) 2008 $000 3,308 – 3,308 – 2007 $000 15,034 – 15,034 (2,667) 38,302 79,661 3,308 12,367 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 69 notes to the financial statements continued 16. Trade and other receivables Current Trade receivables Provision for impairment losses Receivables due from controlled entities Loans due from controlled entities Receivables due from associates Receivables due from securitisation program Derivative financial instruments Proceeds receivable from sale of businesses Other receivables and prepayments Non-current Receivables due from associates Other receivables Proceeds receivable from sale of businesses Provision for non-collectibility of sale proceeds Consolidated Company 2008 $000 2007 $000 2008 $000 685,316 (23,339) 666,617 (21,806) 661,977 644,811 4,713 (43) 4,670 – – 362 52,176 26,946 3,306 95,196 – – 375 57,338 15,114 3,210 67,061 939 461,389 – – 375 – 163 2007 $000 4,877 – 4,877 50,390 177,256 – – – – 2,659 839,963 787,909 467,536 235,182 – 22,656 9,491 (3,106) 29,041 344 5,909 12,387 (3,304) 15,336 – – – – – – – – – – Total trade and other receivables 869,004 803,245 467,536 235,182 17. Inventories Raw materials Work in progress Finished goods Provision for obsolescence of finished goods 285,340 18,560 543,804 847,704 (4,160) 112,473 15,714 350,971 479,158 (1,754) Total inventories 843,544 477,404 – 336 17,041 17,377 (59) 17,318 – 271 14,459 14,730 (9) 14,721 18. Current tax assets and liabilities The current tax asset for the group of $61,185,329 (2007: $27,347,565) and for the company of $12,860,431 (2007: $11,650,621) represent the amount of income taxes recoverable in respect of prior periods. The current tax liability for the group of $12,461,369 (2007: $23,955,941) and the company of $7,226,722 (2007: $14,096,247) represent the amount of income taxes payable in respect of current and prior financial periods. In accordance with the tax consolidation, legislation the company as the head entity of the Australian tax-consolidated group has assumed the current tax liability/(asset) initially recognised by the members in the tax-consolidated group. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 70 notes to the financial statements continued 19. Investments accounted for using the equity method The group accounts for investments in associates using the equity method. The group had the following significant investments in associates during the year: Bayer CropScience Nufarm Ltd Agricultural chemicals UK 31.12.2007 Country Balance date of associate Ownership and voting interest 2008 25% 2007 25% Excel Crop Care Ltd F&N joint ventures manufacturer Agricultural chemicals manufacturer India 31.3.2008 14.69% 14.69% Agricultural chemicals distributor Eastern Europe 31.12.2007 50% 50% The 14.69 per cent investment in Excel Crop Care Ltd is equity accounted as Nufarm has two directors on the board and, together with an unrelated partner, has significant influence over nearly 35 per cent of the shares of the company. The relationship also extends to manufacturing and marketing collaborations. The F&N joint ventures represents the group’s interest in three joint ventures with FMC Corporation, which operate in Poland, Czech Republic and Slovakia. The joint ventures sell Nufarm and FMC products within their country. Financial summary of material associates Revenues (100%) Profit after tax (100%) Total assets (100%) Net assets Share of as reported associate’s by net assets equity (100%) accounted associates Total liabilities (100%) 2008 Bayer CropScience Nufarm Ltd Excel Crop Care Ltd F&N joint ventures 2007 Bayer CropScience Nufarm Ltd Excel Crop Care Ltd F&N joint ventures 77,918 144,498 81,039 (6,760) 6,567 1,910 101,873 99,559 76,356 37,273 67,161 71,959 64,600 32,398 4,397 303,455 1,717 277,788 176,393 101,395 92,556 125,821 75,748 (3,876) 5,584 3,375 105,264 86,311 58,982 39,059 55,669 57,625 294,125 5,083 250,557 152,353 66,205 30,642 1,357 98,204 16,150 4,759 2,199 23,108 16,551 4,501 679 21,731 The financial summary information is from the financial statements as per the balance dates above. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 71 notes to the financial statements continued 19. Investments accounted for using the equity method continued Consolidated Company Carrying value by major associate Bayer CropScience Nufarm Ltd Excel Crop Care Ltd F&N joint ventures Others Carrying value of associates Share of profit by major associate Agripec Quimica e Farmaceutica SA (to 31 May 2007) Bayer CropScience Nufarm Ltd Excel Crop Care Ltd F&N joint ventures Others Share of net profits of associates 2008 $000 2007 $000 11,471 9,206 2,157 1,430 24,264 – (242) 1,237 1,578 125 2,698 12,640 8,341 567 1,418 22,966 7,799 (969) 788 534 (96) 8,056 2008 $000 – 9,206 – – 9,206 – – 1,237 – – 1,237 2007 $000 – 8,341 – – 8,341 – – 788 – – 788 The share of net profits has been derived from the latest management reports as at 31 July 2008 for Bayer CropSciences and the F&N joint ventures. The Excel Crop Care share of net profits is from the 30 June 2008 management accounts. 20. Other investments Investment in controlled entities Balance at the beginning of the year New investments during the year Exchange adjustment Balance at the end of the year Investment in other companies (at cost) Balance at the beginning of the year Exchange adjustment Disposals Reclassification to equity investment Balance at the end of the year Other investments Balance at the beginning of the year Exchange adjustment Movements in investments during the year Loans repaid during the year Balance at the end of the year Total other investments 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 72 Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 – – – – – – – – 271 7 76 – 354 354 – – – 307,214 1,394 (7,839) 247,213 60,001 – 300,769 307,214 233 (3) (167) (63) – 270 – 1 – 271 271 – – – – – – – – – – – – – – – – – – – – 300,769 307,214 notes to the financial statements continued 21. Deferred tax assets and liabilities Recognised deferred tax assets and liabilities Deferred tax assets and liabilities are attributable to the following: Consolidated Property, plant and equipment Intangible assets Employee benefits Provisions Other items Tax value of losses carried forward Tax assets/(liabilities) Set off of tax Assets Liabilities Net 2008 $000 2007 $000 2008 $000 2007 $000 2008 $000 2007 $000 11,478 6,428 11,956 5,044 18,501 48,568 15,731 8,829 11,917 3,977 17,576 43,970 101,975 (8,705) 102,000 (8,423) (17,010) (39,528) – – (9,406) – (65,944) 8,705 (11,376) (22,296) – (69) (9,575) – (43,316) 8,423 (5,532) (33,100) 11,956 5,044 9,095 48,568 36,031 – 4,355 (13,467) 11,917 3,908 8,001 43,970 58,684 – Net tax assets/(liabilities) 93,270 93,577 (57,239) (34,893) 36,031 58,684 Company Property, plant and equipment Employee benefits Provisions Other items Net tax assets/(liabilities) Assets Liabilities Net 2008 $000 – 118 31 1,454 1,603 2007 $000 – 369 9 701 1,079 2008 $000 2007 $000 (73) – – (1) (74) (2) – – – (2) 2008 $000 (73) 118 31 1,453 1,529 2007 $000 (2) 369 9 701 1,077 Movement in temporary differences during the year Consolidated 2008 Property, plant and equipment Intangible assets Employee benefits Provisions Other items Tax value of losses carried forward Balance Recognised Recognised in income 31.07.07 $000 $000 Other Balance in equity adjustment movement 31.07.08 $000 Currency $000 $000 $000 4,355 (13,467) 11,917 3,908 8,001 (10,160) (20,130) 404 984 1,459 43,970 2,956 58,684 (24,487) – – (221) – – – (221) 250 497 (144) (163) 880 23 – – 315 (1,245) (5,532) (33,100) 11,956 5,044 9,095 1,642 2,962 – 48,568 (907) 36,031 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 73 notes to the financial statements continued 21. Deferred tax assets and liabilities continued Movement in temporary differences during the year continued Consolidated 2007 Property, plant and equipment Intangible assets Other investments Employee benefits Provisions Other items Tax value of losses carried forward Company 2008 Property, plant and equipment Employee benefits Provisions Other items Consolidated 2007 Property, plant and equipment Intangible assets Employee benefits Provisions Other items Balance Recognised Recognised in income 31.07.06 $000 $000 Other Balance in equity adjustment movement 31.07.07 $000 Currency $000 $000 $000 (377) (12,621) (41) 14,543 3,827 (4,737) 28,458 29,052 3,785 (182) 41 (1,472) (291) 7,042 16,766 25,689 – – – (1,157) – 1,928 – 771 555 1,283 – (255) (127) 81 (985) 552 392 (1,947) – 258 499 3,687 4,355 (13,467) – 11,917 3,908 8,001 (269) 43,970 2,620 58,684 Balance Recognised Recognised in income 31.07.07 $000 $000 Other Balance in equity adjustment movement 31.07.08 $00 Currency $000 $000 $000 (2) 369 9 701 1,077 (71) (235) 26 226 (54) – – – – – – (16) (4) – (20) – – – 526 526 (73) 118 31 1,453 1,529 Balance Recognised Recognised in income 31.07.06 $000 $000 Other Balance in equity adjustment movement 31.07.07 $000 Currency $000 $000 $000 (50) (4) 121 67 947 1,081 53 4 214 (59) (230) (18) – – – – – – (5) – 34 1 (16) 14 – – – – – – (2) – 369 9 701 1,077 At 31 July 2008, a deferred tax liability of $25,024,580 (2007: $23,789,596) relating to investments in subsidiaries has not been recognised because the company controls whether the liability will be incurred and it is satisfied that it will not be incurred in the foreseeable future. Unrecognised deferred tax assets Deferred tax assets have not been recognised in respect of the following items: Tax losses Consolidated Company 2008 $000 8,979 8,979 2007 $000 – – 2008 $000 – – 2007 $000 – – The tax losses do not expire under current tax legislation. Deferred tax assets have not been recognised in respect of these items because it is not probable that future taxable profit will be available against which the consolidated entity can utilise the benefits from. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 74 notes to the financial statements continued 22. Other non-current assets Derivative financial instrument Other Consolidated Company 2008 $000 8,504 – 8,504 2007 $000 7,216 9 7,225 2008 $000 2007 $000 – – – – – – The derivative financial instrument is the market value of the interest rate cap relating to the NSS distribution base rate. 23. Property, plant and equipment Land and Leased plant and Plant and buildings machinery machinery $000 $000 $000 Consolidated Cost Balance at 1 August 2007 Additions Additions through business combinations Disposals Other transfers Exchange adjustment 185,156 3,503 1,581 (5,109) 15,977 (102) 471,845 9,684 144,132 (15,447) 37,254 (1,350) 2008 1,361 258 14,237 (359) (315) (26) Capital work in progress $000 Total $000 27,035 56,064 – – (52,916) 212 685,397 69,509 159,950 (20,915) – (1,266) Balance at 31 July 2008 201,006 646,118 15,156 30,395 892,675 Depreciation and impairment losses Balance at 1 August 2007 Depreciation charge for the year Additions through business combinations Disposals Other transfers Exchange adjustment (53,586) (6,332) (90) 1,187 (92) 224 (297,404) (30,241) (83,658) 11,421 (48) 229 (630) (248) (641) 191 140 15 Balance at 31 July 2008 (58,689) (399,701) (1,173) – – – – – – – (351,620) (36,821) (84,389) 12,799 – 468 (459,563) Net property, plant and equipment at 31 July 2008 142,317 246,417 13,983 30,395 433,112 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 75 notes to the financial statements continued 23. Property, plant and equipment continued Land and Leased plant and Plant and buildings machinery machinery $000 $000 $000 Consolidated Cost Balance at 1 August 2006 Additions Additions through business combinations Disposals Other transfers Exchange adjustment 151,790 1,080 22,408 (846) 15,466 (4,742) 440,619 10,226 9,647 (8,501) 30,389 (10,535) Balance at 31 July 2007 185,156 471,845 Depreciation and impairment losses Balance at 1 August 2006 Depreciation charge for the year Additions through business combinations Disposals Other transfers Exchange adjustment (46,958) (4,952) (3,274) 340 (329) 1,587 (278,945) (28,650) (3,781) 8,692 162 5,118 Balance at 31 July 2007 (53,586) (297,404) 2007 1,536 360 – – (548) 13 1,361 (776) (153) 167 – 167 (35) (630) Capital work in progress $000 Total $000 18,472 51,565 2,668 – (45,307) (363) 612,417 63,231 34,723 (9,347) – (15,627) 27,035 685,397 – – – – – – – (326,679) (33,755) (6,888) 9,032 – 6,670 (351,620) Net property, plant and equipment at 31 July 2007 131,570 174,441 731 27,035 333,777 Assets pledged as security for finance leases $0.7 million (2007: $0.7 million). There were no impairment losses in the consolidated entity in the current financial year or the comparative year. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 76 notes to the financial statements continued 23. Property, plant and equipment continued Land and Leased plant and Plant and buildings machinery machinery $000 $000 $000 Company Cost Balance at 1 August 2007 Additions Disposals Other transfers Exchange adjustment Balance at 31 July 2008 Depreciation and impairment losses Balance at 1 August 2007 Depreciation charge for the year Disposals Exchange adjustment Balance at 31 July 2008 3,133 – – 828 (406) 3,555 (275) (123) – 46 (352) 3,704 – (207) 622 (489) 3,630 (1,846) (489) 153 280 (1,902) Net property, plant and equipment at 31 July 2008 3,203 1,728 2008 – – – – – – – – – – – – Land and Leased plant and Plant and buildings machinery machinery $000 $000 $000 Company Cost Balance at 1 August 2006 Additions Disposals Other transfers Exchange adjustment Balance at 31 July 2007 Depreciation and impairment losses Balance at 1 August 2006 Depreciation charge for the year Disposals Other transfers Exchange adjustment Balance at 31 July 2007 2,209 564 (6) 131 235 3,133 (198) (74) 6 13 (22) (275) 3,178 550 (549) 187 338 3,704 (1,583) (511) 434 (13) (173) (1,846) Net property, plant and equipment at 31 July 2007 2,858 1,858 2007 – – – – – – – – – – – – – Capital work in progress $000 318 1,524 – (1,450) (40) 352 – – – – – Total $000 7,155 1,524 (207) – (935) 7,537 (2,121) (612) 153 326 (2,254) 352 5,283 Capital work in progress $000 286 319 – (318) 31 318 – – – – – – Total $000 5,673 1,433 (555) – 604 7,155 (1,781) (585) 440 – (195) (2,121) 318 5,034 There were no impairment losses in the company in the current financial year or the comparative year. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 77 notes to the financial statements continued 24. Intangible assets Goodwill $000 Intellectual property Indefinite life $000 Capitalised Definite development Computer software $000 costs $000 life $000 Total $000 Consolidated 2008 Cost Balance at 1 August 2007 Additions Additions through business combinations Disposals Other transfers Exchange adjustment 299,288 13,359 285,750 38,643 55,873 30,111 54,706 16,679 17,130 712,747 99,998 1,206 41,386 – – 6,294 94,775 (2,402) 15,696 8,871 – – (11,666) 1,623 1,268 (1,594) 3,894 633 25 137,454 (3,999) (3) 7,924 – 17,227 (194) Balance at 31 July 2008 360,327 441,333 75,941 75,586 18,164 971,351 Amortisation and impairment losses Balance at 1 August 2007 Amortisation charge for the year Additions through business combinations Disposals Other transfers Exchange adjustment (74,248) – (10,263) – (25,017) (4,000) (12,566) (4,685) (9,932) (132,026) (10,658) (1,973) – – – 945 – – – 56 – – 360 (697) (705) 1,201 (8,284) (204) – – – 161 (705) 1,201 (7,924) 261 Balance at 31 July 2008 (73,303) (10,207) (29,354) (25,243) (11,744) (149,851) Intangibles carrying amount at 31 July 2008 287,024 431,126 46,587 50,343 6,420 821,500 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 78 notes to the financial statements continued 24. Intangible assets continued Goodwill $000 Intellectual property Indefinite life $000 Capitalised Definite development Computer software $000 costs $000 life $000 Total $000 Consolidated 2007 Cost Balance at 1 August 2006 Additions Additions through business combinations Disposals Other transfers Exchange adjustment 161,945 376 150,627 13,158 45,356 10 34,921 16,062 16,544 409,393 30,474 868 128,768 – 15,625 (7,426) 128,488 (5) (431) (6,087) 10,682 – 839 (1,014) 6,512 (1,582) – (1,207) 82 274,532 (1,661) (74) 16,164 131 (16,155) (421) Balance at 31 July 2007 299,288 285,750 55,873 54,706 17,130 712,747 Amortisation and impairment losses Balance at 1 August 2006 Amortisation charge for the year Transferred to discontinued businesses Disposals Other transfers Exchange adjustment (61,917) – (10,606) – (21,063) (3,448) (11,297) (2,585) (8,104) (112,987) (8,195) (2,162) – – (15,194) 2,863 – 1 – 342 – – (1,004) 498 – 793 67 456 (55) 54 (33) 368 (55) 848 (16,164) 4,527 Balance at 31 July 2007 (74,248) (10,263) (25,017) (12,566) (9,932) (132,026) Intangibles carrying amount at 31 July 2007 225,040 275,487 30,856 42,140 7,198 580,721 The major intangibles with an indefinite economic life are the product registrations that Nufarm owns. These registrations are considered to have an indefinite life because, based on past experience, they will be renewed by the relevant regulatory authorities and the underlying products will continue to be commercialised and available for sale in the foreseeable future. The company will satisfy all of the conditions necessary for renewal and the cost of renewal is minimal. In determining that the registrations have indefinite useful life, the principal factor that influenced this determination is the expectation that the existing registration will not be subject to significant amendment in the foreseeable future. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 79 notes to the financial statements continued 24. Intangible assets continued The group has determined that legal entity by country is the appropriate method for determining the cash-generating units (CGU) of the business. This level of CGU aligns with the cash flows of the business and the management structure of the group. The goodwill and intellectual property with an indefinite life are CGU specific, as the acquisitions generating goodwill and the product registrations that are the major indefinite intangible are country specific in nature. There is no allocation of goodwill between CGUs. The most significant item in goodwill and indefinite life intangibles relates to the Agripec business and amounts to $307 million. The balance of goodwill and indefinite life intangibles is spread across multiple CGUs, with no individual amount being material relative to the total intangibles at balance date. For the impairment testing of these assets, the carrying amount of the asset is compared to its recoverable amount at a CGU level. The group uses the value-in-use method to estimate the recoverable amount. In assessing value-in-use, the estimated future cash flows are derived from the five year plan for each cash-generating unit with a growth factor applied to extrapolate a cash flow over a 20 year period. The 20 year period has been selected on the basis that this period most closely aligns with the product registration life in most geographies. The growth rate assumed for each CGU is the forecast growth over the next five years, with a cap of 10 per cent. The 10 per cent growth cap is the average growth achieved by the group in recent years. The cash flow is then discounted to a present value using a discount rate of 11.4 per cent, which is the company’s weighted average cost of capital. At 31 July 2008, the recoverable amount exceeded the carrying amount for all CGUs. Intellectual property Indefinite life $000 Capitalised Definite development Computer software $000 costs $000 life $000 Total $000 2008 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 84 62 6 (12) 84 62 6 (12) 140 140 (60) (34) (6) 9 (91) (60) (34) (6) 9 (91) 49 49 Company Cost Balance at 1 August 2007 Additions Transfer Exchange adjustment Balance at 31 July 2008 Amortisation and impairment losses Balance at 1 August 2007 Amortisation charge for the year Transfer Exchange adjustment Balance at 31 July 2008 Intangibles carrying amount at 31 July 2008 Goodwill $000 – – – – – – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 80 notes to the financial statements continued 24. Intangible assets continued Goodwill $000 Intellectual property Indefinite life $000 Capitalised Definite development Computer software $000 costs $000 life $000 Company 2007 Cost Balance at 1 August 2006 Disposals through sale of entities Exchange adjustment Balance at 31 July 2007 Amortisation and impairment losses Balance at 1 August 2006 Amortisation charge for the year Balance at 31 July 2007 Intangibles carrying amount at 31 July 2007 25. Trade and other payables – – – – – – – – Current payables Trade creditors and accruals – unsecured Payables due to controlled entities Loans due to controlled entities Payable in respect of Agripec acquisition Payables due to associated entities Derivative financial instruments Securitisation payables Non-current payables Creditors and accruals Payables – acquisitions Total $000 66 16 2 84 (49) (11) (60) 66 16 2 84 (49) (11) (60) 24 24 – – – – – – – – – – – – – – – – – – – – – – – – Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 619,525 – – – 829 90 157,616 386,950 – – 218,750 961 2,274 203,401 11,324 8,310 114,037 – – – – 8,310 4,228 106,339 – – 340 – 778,060 812,336 133,671 119,217 13,283 26,559 39,842 – 15,200 15,200 – – – – – – The group sells receivables to an unrelated third party for which Nufarm acts as the collection agent. The securitisation payables above represent the sum payable in respect of those sales. Amounts that are to be collected on their behalf are included as part of trade receivables. Refer note 16. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 81 notes to the financial statements continued 26. Interest-bearing loans and borrowings This note provides information about the contractual terms of the group’s and the company’s interest-bearing loans and borrowings. Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 587,171 441 587,612 335,962 1,028 14,466 351,456 359,662 399 360,061 90,955 854 283 92,092 – – – – – – – – – – – – – – Consolidated Company Accessible $000 Utilised Accessible $000 $000 Utilised $000 1,614,589 1,028 157,616 943,974 1,028 157,616 1,773,233 1,102,618 – – – – 1,266,860 208 203,401 1,470,469 463,333 208 203,401 666,942 2,667 – – 2,667 – – – – 2,667 – – 2,667 Current liabilities Bank loans – unsecured Finance lease liabilities – secured Non-current liabilities Bank loans – unsecured Other loans – unsecured Finance lease liabilities – secured 2008 Financing facilities The group has access to the following facilities with a number of financial institutions. Bank loan facilities Other facilities Receivables securitisation-type facilities Total financing facilities 2007 Bank loan facilities Other facilities Receivables securitisation-type facilities Total financing facilities Financing arrangements Bank loans All unsecured bank borrowings, including bank overdraft facilities, are provided by banks that are parties to the group negative pledge deed. The assets of all the entities included in the negative pledge deed (note 36) are in excess of their related borrowings. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 82 notes to the financial statements continued 26. Interest-bearing loans and borrowings continued Repayment of borrowings (excluding finance leases) Period ending 31 July 2008 Period ending 31 July 2009 Period ending 31 July 2010 Period ending 31 July 2011 No specified repayment date Consolidated Company 2008 $000 – 608,011 100,040 235,923 1,028 2007 $000 372,661 62,748 27,924 – 854 2008 $000 2007 $000 – – – – – – – – The obligations with no specified repayment date are repayable upon certain contingent events, which the directors believe will not occur in the foreseeable future. Finance lease liabilities Finance leases are entered to fund the acquisition of plant and equipment. Rentals are fixed for the duration of these leases. Lease commitments for capitalised finance leases are payable as follows: Not later than one year Later than one year but not later than two years Later than two years but not later than five years Less future finance charges Consolidated Company 2008 $000 502 243 15,247 15,992 (1,085) 14,907 2007 $000 2008 $000 2007 $000 452 302 19 773 (91) 682 – – – – – – – – – – – – Finance lease liabilities are secured over the relevant leased plant. Nufarm Step-up Securities Bank loans Other loans Finance lease liabilities – secured Consolidated Company 2008 % 8.78 7.32 9.25 6.79 2007 % 8.35 6.6 9.48 13.2 2008 % 2007 % – – – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 83 notes to the financial statements continued 27. Employee benefits Current Liability for annual leave Non-current Present value of wholly unfunded obligations Present value of wholly funded obligations Fair value of fund assets – funded Recognised liability for defined benefit fund obligations Liability for long service leave Total employee benefits Consolidated Company 2008 $000 2007 $000 16,849 16,849 8,201 110,487 (93,786) 15,328 15,328 8,440 50,847 (39,732) 24,902 19,555 13,216 38,118 54,967 12,187 31,742 47,070 2008 $000 342 342 – – – – 52 52 394 2007 $000 317 317 – – – – 52 52 369 The consolidated entity makes contributions to defined benefit pension funds, in the UK, Holland, France and Indonesia, that provide defined benefit amounts for employees upon retirement. The company has no defined benefit pension funds. Historical information Consolidated 2008 $000 2007 $000 2006 $000 2005 $000 2004 $000 Present value of defined benefit obligation Fair value of plan assets (118,688) 93,786 (59,287) 39,732 (62,587) 35,477 (57,881) 30,534 (56,466) 27,693 Surplus/(deficit) (24,902) (19,555) (27,110) (27,347) (28,773) Experience adjustments arising on plan liabilities Experience adjustments arising on plan assets 700 (10,088) 321 1,687 961 586 3,640 4,086 58 (433) Consolidated 2008 $000 2007 $000 Changes in the present value of the defined benefit obligation are as follows: Opening defined benefit obligation Liability assumed with AH Marks business Indonesia defined benefit plan inclusion Service cost Interest cost Actuarial gains Plan changes Past service cost Losses/(gains) on curtailment Contributions Benefits paid Exchange differences on foreign funds 59,287 65,017 – 2,952 4,609 (6,617) – 5 – 355 (3,508) (3,412) Closing defined benefit obligation 118,688 62,587 – 382 2,696 3,109 (5,087) 404 6 (932) (808) (1,166) (1,904) 59,287 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 84 notes to the financial statements continued 27. Employee benefits continued Changes in the fair value of fund assets are as follows: Opening fair value of fund assets Assets assumed with AH Marks business Expected return Actuarial gains/(losses) Contributions by employer Distributions Exchange differences on foreign funds Closing fair value of fund assets The actual return on plan assets is the sum of the expected return and the actuarial gain. Expense recognised in profit or loss Current service costs Interest on obligation Expected return on fund assets Past service cost Plan changes Losses/(gains) on curtailment The expense is recognised in the following line items in the income statement: Cost of sales Sales, marketing and distribution expenses General and administrative expenses Research and development expenses Actuarial gains/(losses) recognised directly in equity (net of tax) Cumulative amount at 1 August Recognised during the period Cumulative amount at 31 July Consolidated 2008 $000 2007 $000 39,732 60,286 4,276 (9,079) 3,964 (2,674) (2,719) 93,786 2,952 4,609 (4,276) 5 – – 3,290 2,044 577 450 219 3,290 3,380 (2,451) 929 35,477 – 2,161 1,687 2,018 (409) (1,202) 39,732 2,696 3,109 (2,161) 6 404 (932) 3,122 1,776 617 583 146 3,122 (713) 4,093 3,380 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 85 notes to the financial statements continued 27. Employee benefits continued The major categories of fund assets as a percentage of total fund assets are as follows: European equities European bonds Property Cash Principal actuarial assumptions at the reporting date (expressed as weighted averages): Discount rate at 31 July Expected return on fund assets at 31 July Future salary increases Future pension increases Consolidated 2008 % 2007 % 60.7% 36.9% 2.3% 0.1% 6.4% 6.9% 3.5% 3.3% 58.7% 31.3% 2.8% 7.2% 5.5% 6.6% 3.4% 2.9% The overall expected long term rate of return on assets is 6.9 per cent. The expected rate of return on plan assets reflects the average rate of earnings expected on the funds invested to provide for the benefits included in the projected benefit obligation. The group expects to pay $3,880,000 in contributions to defined benefit plans in 2009. 28. Share-based payments The Nufarm Limited Executive Share Purchase Scheme (1984) enabled the issue of fully paid ordinary shares to executive directors and senior executives, issued at a price equal to 70 per cent of the market price at the date of the offer. There is an eight year restrictive period during which time the allocated shares are held by the trustees and the consideration will be paid over the restrictive period with all dividends, net of tax, being applied in reduction of the advances by the company to the trustees. All outstanding amounts were fully repaid during the current year (2007: $21,740). Each executive is entitled to exercise voting rights attached to the shares allocated. As the outstanding amounts have been fully repaid, the trustees of the Executive Share Purchase Scheme (1984) held no ordinary shares at 31 July 2008 (2007: 25,000) and there are no remaining participants (2007: four participants) in the scheme. The Nufarm Executive Share Plan (2000) offers shares to executives. The executives may select an alternative mix of shares (at no cost) and options at a cost determined under the ‘Black Scholes’ methodology. These benefits are only given when a predetermined return on capital employed is achieved over the relevant period. The shares and options are subject to forfeiture and dealing restrictions. The executive cannot deal in the shares or options for a period of between three and 10 years without board approval. An independent trustee holds the shares and options on behalf of the executives. At 31 July 2008 there were 58 participants (2007: 63 participants) in the scheme and 1,522,934 shares (2007: 1,635,832) were allocated and held by the trustee on behalf of the participants. The cost of issuing shares is expensed in the year of issue. The Global Share Plan commenced in 2001, and is available to all permanent employees. Participants contribute a proportion of their salary to purchase shares. The company will contribute an amount equal to 10 per cent of the number of ordinary shares acquired with a participant’s contribution in the form of additional ordinary shares. Amounts over 10 per cent of the participant’s salary can be contributed but will not be matched. For each year the shares are held, up to a maximum of five years, the company contributes a further 10 per cent of the value of the shares acquired with the participant’s contribution. An independent trustee holds the shares on behalf of the participants. At 31 July 2008 there were 749 participants (2007: 751 participants) in the scheme and 1,604,742 shares (2007: 1,527,135) were allocated and held by the trustee on behalf of the participants. The cost of the Global Share Plan expensed for the year ended 31 July 2008 was $1,037,967 (2007: $1,241,729). The power of appointment and removal of the trustees for the share purchase schemes is vested in the company. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 86 notes to the financial statements continued 29. Provisions Current Restructuring Other Provision for dividends Consolidated Company 2007 $000 2008 $000 2007 $000 2008 $000 – 6,184 – 6,184 128 6,536 4,772 11,436 – – – – Consolidated – – – – Total $000 11,436 878 (6,194) 64 6,184 Movement in provisions Balance at 1 August 2007 Provisions made during the year Provisions used during the year Exchange adjustment Balance at 31 July 2008 Dividends Restructuring $000 $000 Other provisions $000 4,772 – (4,772) – – 128 – (131) 3 – 6,536 878 (1,291) 61 6,184 The other provisions consist of contingent liabilities recognised with the Agripec acquisition ($4.4 million) and provisions for employee litigation in France ($1.8 million). 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 87 notes to the financial statements continued 30. Capital and reserves 30. Capital and reserves continued Reconciliation of movements in capital and reserves attributable to equity holders of the parent Consolidated Share capital $000 Translation Capital profit reserve $000 reserve $000 Hedging reserve $000 Other reserve $000 Retained Nufarm Step-up earnings $000 Securities $000 Minority interest $000 Total equity $000 Balance at 1 August 2006 240,760 (9,716) 33,627 – 436,530 1,008 702,189 Foreign exchange translation differences Foreign exchange movement taken to hedging reserve Actuarial gains/(losses) on defined benefit plans Accrual and issue of shares under global share plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders Issue of Nufarm Step-up Securities Distributions to Nufarm Step-up Security holders – – – – 99 27 – – – – – (14,628) – – – – – – – – – – – – – – – – – – – – – Balance at 31 July 2007 240,886 (24,344) 33,627 (91) 531,124 246,932 1,017 1,029,151 Balance at 1 August 2007 240,886 (24,344) 33,627 (91) 531,124 246,932 1,017 1,029,151 Foreign exchange translation differences Actuarial gains/(losses) on defined benefit plans Share issued to employees Accrual and issue of shares under global share plan Shares issued under private placement (net of costs) Shares issued under share purchase plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders Distributions to Nufarm Step-up Security holders – – 1,805 948 197,755 10,791 3,986 699 – – – – (2,461) – – – – – – – – – – – – – – – – – – – – – – – Balance at 31 July 2008 456,870 (26,805) 33,627 593,558 246,932 1,036 1,305,218 (20) – 20 – – – – – – – – – – – – – – – – – – – – – – – – 367 149,163 246,932 (306) – – – – – – – – – – – – – – – – – – – – – – – (52) – – – – – – – – – – – – – – – – (30) (14,680) 20 4,093 (91) 99 27 334 (53,451) 246,932 (5,484) (2,491) (2,451) 1,805 1,039 197,755 10,791 3,986 699 56 – (58,478) (14,764) 205 138,120 (156) – 4,093 – – – – – 334 148,796 (53,145) – (5,484) (2,451) – – – – – – – 56 137,915 (58,322) (14,764) (91) – – – – – – – – – – – – – – – – – – – – – – 91 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 88 notes to the financial statements continued 30. Capital and reserves 30. Capital and reserves continued Reconciliation of movements in capital and reserves attributable to equity holders of the parent Consolidated Share capital $000 Translation Capital profit reserve $000 reserve $000 Hedging reserve $000 Other reserve $000 Retained Nufarm Step-up Securities earnings $000 $000 Minority interest $000 Total equity $000 Balance at 1 August 2006 240,760 (9,716) 33,627 (20) – 436,530 Balance at 31 July 2007 240,886 (24,344) 33,627 Balance at 1 August 2007 240,886 (24,344) 33,627 Foreign exchange translation differences Foreign exchange movement taken to hedging reserve Actuarial gains/(losses) on defined benefit plans Accrual and issue of shares under global share plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders Issue of Nufarm Step-up Securities Distributions to Nufarm Step-up Security holders Foreign exchange translation differences Actuarial gains/(losses) on defined benefit plans Share issued to employees Accrual and issue of shares under global share plan Shares issued under private placement (net of costs) Shares issued under share purchase plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders Distributions to Nufarm Step-up Security holders – – – – 99 27 – – – – – – – 1,805 948 197,755 10,791 3,986 699 – – – – (14,628) (2,461) – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Balance at 31 July 2008 456,870 (26,805) 33,627 – 20 – – – – – – – – – – – – – – – – – – – – – – – – – – – (91) – – – – – – – – – 4,093 – – – 334 148,796 (53,145) – (5,484) – – – – – – – – – – 246,932 – 1,008 702,189 (52) – – – – – – (14,680) 20 4,093 (91) 99 27 334 367 149,163 (306) – – (53,451) 246,932 (5,484) (91) 531,124 246,932 1,017 1,029,151 (91) 531,124 246,932 1,017 1,029,151 – – – 91 – – – – – – – – – – (2,451) – – – – – – 56 137,915 (58,322) (14,764) – – – – – – – – – – – – (30) – – – – – – – – 205 (156) – (2,491) (2,451) 1,805 1,039 197,755 10,791 3,986 699 56 138,120 – (58,478) (14,764) 593,558 246,932 1,036 1,305,218 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 89 notes to the financial statements continued 30. Capital and reserves continued 30. Capital and reserves continued Reconciliation of movements in capital and reserves attributable to equity holders of the parent Company Share capital $000 Translation Capital profit reserve $000 reserve $000 Hedging reserve $000 Other reserve $000 Balance at 1 August 2006 240,760 (325) 40,074 Foreign exchange translation differences Foreign exchange movement taken to hedging reserve Accrual and issue of shares under global share plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Profit for the period Dividends paid to shareholders – – – 99 27 – – 5,477 – – – – – – – – – – – – – Balance at 31 July 2007 240,886 5,152 40,074 Balance at 1 August 2007 240,886 5,152 40,074 Foreign exchange translation differences Share issued to employees Accrual and issue of shares under global share plan Shares issued under private placement (net of costs) Shares issued under share purchase plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders – 1,805 948 197,755 10,791 3,986 699 – – – (7,871) – – – – – – – – – – – – – – – – – – – Balance at 31 July 2008 456,870 (2,719) 40,074 Retained Nufarm Step-up Securities $000 earnings $000 171,417 Minority interest $000 50 (50) – – – – – – – – – – – – – – – – – – – (91) (91) (91) – – 91 – – – – – – – – – – – – – – – 57,636 (53,145) 175,908 175,908 – – – – – – – – – – – – 57 64,698 (58,322) 182,341 – – – – – – – – – – – – – – – – – – – – Total equity $000 451,976 5,477 (50) (91) 99 27 57,636 (53,145) 461,929 461,929 (7,871) 1,805 1,039 197,755 10,791 3,986 699 57 64,698 (58,322) 676,566 – – – – – – – – – – – – – – – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 90 notes to the financial statements continued 30. Capital and reserves continued 30. Capital and reserves continued Reconciliation of movements in capital and reserves attributable to equity holders of the parent Company Share capital $000 Translation Capital profit reserve $000 reserve $000 Hedging reserve $000 Other reserve $000 Retained Nufarm Step-up Securities earnings $000 $000 Minority interest $000 Balance at 1 August 2006 240,760 (325) 40,074 Balance at 31 July 2007 240,886 5,152 40,074 Balance at 1 August 2007 240,886 5,152 40,074 Foreign exchange translation differences Foreign exchange movement taken to hedging reserve Accrual and issue of shares under global share plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Profit for the period Dividends paid to shareholders Foreign exchange translation differences Share issued to employees Accrual and issue of shares under global share plan Shares issued under private placement (net of costs) Shares issued under share purchase plan Shares issued as consideration for business acquisition Tax benefit on share issue costs Transfer to/from reserves Profit for the period Dividends paid to shareholders – – – 99 27 – – – 1,805 948 197,755 10,791 3,986 699 – – – 5,477 (7,871) – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Balance at 31 July 2008 456,870 (2,719) 40,074 50 – (50) – – – – – – – – – – – – – – – – – – – 171,417 – – (91) – – – – (91) (91) – – 91 – – – – – – – – – – – – – 57,636 (53,145) 175,908 175,908 – – – – – – – 57 64,698 (58,322) 182,341 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Total equity $000 451,976 5,477 (50) (91) 99 27 57,636 (53,145) 461,929 461,929 (7,871) 1,805 1,039 197,755 10,791 3,986 699 57 64,698 (58,322) 676,566 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 91 notes to the financial statements continued 30. Capital and reserves continued The parent company has a branch and division based in New Zealand. The functional currency of the branch and division is New Zealand dollars. This creates a translation reserve when the results of the branch and division are translated to the reporting currency of Australian dollars. In the prior year, this translation difference was incorrectly taken to the income statement when it should have been taken to translation reserve. This has been corrected in the current reporting year. The correction has the effect of reducing the prior year profit from $63,114,000 to $57,636,000 as shown on the face of the income statement. The difference of $5,477,000 is shown as a foreign translation reserve difference above. There was no impact to the consolidated group results or the net assets of the company. Share capital Balance at 1 August Issue of shares Balance at 31 July Consolidated Number of ordinary shares 2008 Number of ordinary shares 2007 171,501,253 14,381,080 171,492,251 9,002 185,882,333 171,501,253 On 15 October 2007, 131,000 shares at a price of $13.78 were issued under the executive share plan. On 13 December 2007, 65,000 shares at a price of $14.60 were issued under the global share plan. On 12 March 2008, 13,245,034 were issued at a price of $15.10 under a private placement to fund the AH Marks and Etigra acquisitions. On 9 April 2008, 714,614 share were issued at $15.10 under a share placement plan to existing shareholders on the same terms as the private placement. On 7 May 2008, 225,432 shares at $17.68 were issued as part of the acquisition cost of Etigra. In May 2006, Nufarm acquired the shares of Nutrihealth Pty Ltd. Dr John Stocker, a director of Nufarm, was a minority shareholder of Nutrihealth. In accordance with the purchase agreement, Dr Stocker was allocated 9,002 ordinary shares in respect of his Nutrihealth shares. These shares were issued on 8 December 2006, after the issue was approved by the shareholders at the company’s 2006 annual general meeting. The holders of ordinary shares are entitled to receive dividends as declared from time to time and are entitled to one vote per share at meetings of the company. Nufarm Step-up Securities In the year ended 31 July 2007 Nufarm Finance (NZ) Limited, a wholly owned subsidiary of Nufarm Limited, issued a new hybrid security called Nufarm Step-up Securities (NSS). The NSS are perpetual step up securities and on 24 November 2006, 2,510,000 NSS were allotted at an issue price of $100 per security raising $251 million. The NSS are listed on the ASX under the code ‘NFNG’ and on the NZDX under the code ‘NFFHA’. The after-tax costs associated with the issue of the NSS, totalling $4.1 million, have been deducted from the proceeds. Distributions on the NSS are at the discretion of the directors and are floating rate, unfranked, non-cumulative and subordinated. However, distributions of profits and capital by Nufarm Limited are restricted if distributions to NSS holders are not made, until such time that Nufarm Finance (NZ) Limited makes up the arrears. The first distribution date for the NSS was 16 April 2007 and on a six-monthly basis after this date. The floating rate is the average mid-rate for bills with a term of six months plus a margin of 1.90 per cent. The step-up date is five years from issue date, and provides the issuer with the following options: (a) keep the NSS on issue whereby the margin will be reset or stepped up by the step-up margin; or (b) redeem the NSS for face value, or exchange them for a number of ordinary shares in Nufarm. The exchange ratio is calculated based on the average market price of Nufarm ordinary shares for 20 business days prior to exchange date less a 2.5 per cent discount. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 92 notes to the financial statements continued 30. Capital and reserves continued Translation reserve The translation reserve comprises all foreign exchange differences arising from the translation of the financial statements of foreign operations where their functional currency is different to the presentation currency of the reporting entity. Capital profit reserve This reserve is used to accumulate realised capital profits. Hedging reserve The hedging reserve comprises the effective portion of the cumulative net change in the fair value of cash flow hedging instruments related to hedged transactions that have not yet occurred. Dividends Dividends recognised in the current year by the company are: 2008 Interim 2008 ordinary Final 2007 ordinary Total amount 2007 Interim 2007 ordinary Final 2006 ordinary Total amount Cents Total amount $000 per share Franked/ unfranked Payment date 12.0 21.0 11.0 20.0 22,279 36,043 58,322 18,894 34,251 53,145 Franked 2 May 2008 9 Nov 2007 Franked Franked 27 Apr 2007 Franked 10 Nov 2006 Dividends paid on ordinary shares during the year were franked at the tax rate of 30 per cent. Distributions recognised in the current year by Nufarm Finance (NZ) Ltd on the Nufarm Step-up Securities are: 2008 Distribution Distribution 2007 Distribution Distribution rate Total amount $000 Payment date 8.95% 11,263 15 Apr 2008 8.56% 10,772 15 Oct 2007 8.35% 8,184 16 Apr 2007 The distribution on the Nufarm Step-up Securities reported on the equity movement schedule has been reduced by the tax benefit on the gross distribution, giving an after-tax amount of $14.764 million (2007: $5.484 million). 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 93 notes to the financial statements continued 30. Capital and reserves continued Franking credit balance The amount of franking credits available for the subsequent financial year are: Franking account balance as at the end of the year at 30 per cent (2007: 30 per cent) Franking credits that will arise from the payment of income tax payable as at the end of the year Balance at 31 July Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 7,742 13,163 7,742 13,163 (2,721) 5,021 (2,769) 10,394 (2,721) 5,021 (2,769) 10,394 The impact on the dividend franking account of dividends proposed after the balance sheet date but not recognised as a liability is to reduce it by $17,526,048 (2007: $15,435,113). In accordance with the tax consolidation legislation, the company as the head entity in the tax-consolidated group has also assumed the benefit of $5,021,081 (2007: $10,394,000) franking credits. 31. Earnings per share Net profit for the year Net profit attributable to minority interest Net profit attributable to equity holders of the parent Nufarm Step-up Securities distribution Earnings used in the calculations of basic and diluted earnings per share Earnings from continuing operations Earnings from discontinued operations Subtract items of material income/(expense) (refer note 6) Earnings excluding items of material income/ (expense) used in the calculation of operating earnings per share Consolidated 2008 $000 138,120 (205) 137,915 (14,764) 2007 $000 149,163 (367) 148,796 (5,484) 123,151 143,312 123,151 – 123,151 101,472 41,840 143,312 (25,961) 34,387 149,112 108,925 For the purposes of determining basic and diluted earnings per share, the after-tax distributions on NSS are deducted from net profit. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 94 notes to the financial statements continued 31. Earnings per share continued Weighted average number of ordinary shares used in calculation of basic earnings per share Weighted average number of ordinary shares used in calculation of diluted earnings per share Number of shares 2008 2007 177,021,657 171,498,071 177,021,657 171,498,071 There have been no conversions to, calls of, or subscriptions for ordinary shares or issues of ordinary shares since the reporting date and before the completion of this financial report. Cents per share 2008 2007 69.7 0.0 69.7 69.7 0.0 69.7 84.3 84.3 59.2 24.4 83.6 59.2 24.4 83.6 66.9 66.9 Earnings per share for continuing and discontinued operations Basic earnings per share From continuing operations From discontinued operations Diluted earnings per share From continuing operations From discontinued operations Earnings per share (excluding items of material income/expense – see note 6) Basic earnings per share Diluted earnings per share 32. Financial risk management The group and the company have exposure to the following financial risks: • credit risk; • liquidity risk; and • market risk. This note presents information about the group and company’s exposure to each type of the above risks, their objectives, policies and processes for measuring and managing risk, and the management of capital. The board of directors has responsibility to identify, assess, monitor and manage the material risks facing the group and to ensure that adequate identification, reporting and risk minimisation mechanisms are established and working effectively. To support and maintain this objective, the audit committee has established detailed policies on risk oversight and management by approving a global risk management charter that specifies the responsibilities of the general manager global risk management (which includes responsibility for the internal audit function). This charter also provides comprehensive global authority to conduct internal audits, risk reviews and system-based analyses of the internal controls in major business systems operating within all significant company entities worldwide. The general manager global risk management reports to the chief executive officer and provides a written report of his activities at each meeting of the audit committee. In doing so he has direct and continual access to the chairman and members of the audit committee. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 95 notes to the financial statements continued 32. Financial risk management continued Credit risk Credit risk is the risk of financial loss to the group if a customer or counterparty to a financial instrument fails to meet its contractual obligations, and arises principally from the group’s receivables from customers and investment securities. For the company, it primarily arises from receivables due from subsidiaries. Exposure to credit risk The group’s exposure to credit risk is influenced mainly by the individual characteristics of each customer. The demographics of the group’s customer base, including the default risk of the industry and country in which the customers operate, has less of an influence on credit risk. The group has credit policies in place and the exposure to credit risk is monitored on an ongoing basis. Credit evaluations are performed on all customers before the group’s standard payment and delivery terms and conditions are offered. Purchase limits are established for each customer, which represents the maximum open amount without requiring further management approval. The group and company’s maximum exposure to credit risk at the reporting date was: Carrying amount Trade and other receivables Receivables due from controlled entities Loans due from controlled entities Cash and cash equivalents Interest rate cap: Assets Forward exchange contracts Assets Carrying amount The group and company’s maximum exposure to credit risk for trade receivables at the reporting date by geographic region was: Australasia Europe North America South America Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 842,058 – – 59,143 788,131 – – 92,377 4,833 939 461,389 3,308 7,536 50,390 177,256 15,034 8,504 7,225 – 26,946 15,114 375 – – 936,651 902,847 470,844 250,216 164,988 263,754 130,177 283,139 842,058 327,212 179,620 86,659 194,640 788,131 4,833 – – – 4,833 7,536 – – – 7,536 The group’s top five customers account for $116.4 million of the trade receivables carrying amount at 31 July 2008 (2007: $196.8 million). These top five customer represents 17 per cent (2007: 29.5 per cent) of the total receivables balance. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 96 notes to the financial statements continued 32. Financial risk management continued In Brazil, barter trade is used to partially offset the customer credit risk by allowing settlement through the delivery of soybeans from the customer’s crop. In 2007, options were taken out on the soybean price to hedge movements between the date of sale and the date of settlement. These options resulted in a loss as disclosed in note 6. There were no soybean options in 2008. Impairment losses The ageing of the group’s trade receivables at the reporting date was: Receivables ageing Current Past due – 0 to 90 days Past due – 90 to 180 days Past due – 180 to 360 days Past due – more than one year Provision for impairment Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 593,034 53,372 12,454 5,775 20,681 685,316 (23,339) 577,847 44,458 13,293 10,154 20,865 666,617 (21,806) 661,977 644,811 3,978 523 212 – – 4,713 (43) 4,670 4,329 340 208 – – 4,877 – 4,877 Some of the past due receivables are secured by collateral such as directors guarantees, bank guarantees and charges on fixed assets. The past due receivables not impaired relate to customers that have a good credit history with the group. Historically, the bad debt write-off from trade receivables has been very low. Over the past six years, the bad debt write-off amount has averaged 0.03 per cent of sales, with no greater than 0.05 per cent of sales written off in any one year. The movement in the allowance for impairment in respect of trade receivables during the year was as follows: Balance at 1 August Provisions made during the year Provisions used during the year Provisions reversed during the year Provisions acquired through business combinations Exchange adjustment Balance at 31 July Consolidated Company 2008 $000 21,806 522 (534) – – 1,545 23,339 2007 $000 3,243 621 (335) (874) 19,209 (58) 21,806 2008 $000 2007 $000 – 43 – – – – 43 – – – – – – – In the crop protection industry, it is normal practice to vary the terms of sales depending on the climatic conditions experienced in each country. The allowance account for trade receivables is used to record the impairment losses unless the group is satisfied that no recovery of the amount owing is possible: at that point the amount is considered irrecoverable and is written off against the receivable directly. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 97 notes to the financial statements continued 32. Financial risk management continued Liquidity risk Liquidity risk is the risk that the group will not be able to meet its financial obligations as they fall due. The group’s approach to managing liquidity is to ensure, as far as possible, that it will always have sufficient liquidity to meet its liabilities when due, under both normal and stressed conditions, without incurring unacceptable losses or risking damage to the group’s reputation. Most group entities have entered into a deed of negative pledge dated 24 October 1996 (as amended on 26 April 1999, 26 January 2000 and 9 October 2003) with the group lenders, which provides that all parties to the deed will guarantee to each creditor payment in full of any debt of each company participating in the deed. See note 36 for the listing of entities who are a party to the deed. The deed of negative pledge allows all borrowings with group lenders to be on an unsecured basis. The following are the contractual maturities of the group’s financial liabilities: Carrying amount $000 Contractual cash flows $000 Less than 1 year $000 1–2 More than 2 years $000 years $000 Consolidated Non-derivative financial liabilities Bank overdrafts Trade and other payables Bank loans – unsecured Other loans – unsecured Finance lease liabilities – secured 20,841 817,812 923,133 1,028 14,907 20,841 817,812 923,133 1,028 14,907 2008 20,841 777,970 587,171 – 441 – 2,000 100,040 – 213 – 37,842 235,922 1,028 14,253 Derivative financial liabilities Forward exchange contracts: Outflow Inflow Derivative financial assets Forward exchange contracts: Outflow Inflow 90 – 73,872 (73,782) 73,872 (73,782) – (26,946) 269,391 (296,337) 24,003 (25,661) – – – – – – 245,388 (270,676) 1,750,865 1,750,865 1,384,855 102,253 263,757 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 98 notes to the financial statements continued 32. Financial risk management continued Carrying amount $000 Contractual cash flows $000 Less than 1 year $000 1–2 More than 2 years $000 years $000 Consolidated Non-derivative financial liabilities Bank overdrafts Trade and other payables Bank loans – unsecured Other loans – unsecured Finance lease liabilities – secured 12,716 825,262 450,617 854 682 12,716 825,262 450,617 854 682 2007 12,716 810,062 359,662 – 399 Derivative financial liabilities Forward exchange contracts: Outflow Inflow Derivative financial assets Forward exchange contracts: Outflow Inflow 2,274 – 138,036 (135,762) 138,036 (135,762) – (15,114) 273,731 (288,845) 18,153 (18,169) – 2,000 62,748 – 266 – 13,200 28,207 854 17 – – – – – – 255,578 (270,676) 1,277,291 1,277,291 1,185,097 65,014 27,180 The following are the contractual maturities of the company’s financial liabilities: Carrying amount $000 Contractual cash flows $000 Less than 1 year $000 1–2 More than 2 years $000 years $000 Company 2008 Non-derivative financial liabilities Trade and other payables 133,671 133,671 133,671 Derivative financial assets Forward exchange contracts Outflow Inflow – (375) 9,594 (9,969) 9,594 (9,969) 133,296 133,296 133,296 – – – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 99 notes to the financial statements continued 32. Financial risk management continued Carrying amount $000 Contractual cash flows $000 Less than 1 year $000 1–2 More than 2 years $000 years $000 Company 2007 Non-derivative financial liabilities Bank overdrafts Trade and other payables Derivative financial liabilities Forward exchange contracts Outflow Inflow 2,667 118,877 2,667 118,877 2,667 118,877 340 – 13,345 (13,005) 13,345 (13,005) 121,884 121,884 121,884 – – – – – – – – – – Interest on borrowings is denominated in currencies that match the cash flows generated by the underlying operations of the group. This provides an economic hedge and no derivatives are entered into. Market risk Market risk is the risk that changes in market prices, such as foreign exchange rates, interest rates and equity prices will affect the group’s income or the value of its holdings of financial instruments. The objective of market risk management is to manage and control market risk exposures within acceptable parameters, while optimising the return. Currency risk The consolidated entity uses derivative financial instruments to manage specifically identified foreign currency risk on sales, purchases and borrowings that are denominated in a currency other than the functional currency of the individual group entity. The currencies giving rise to this risk are primarily the US dollar, the Euro and the British pound. The consolidated entity uses forward exchange contracts to hedge its foreign currency risk. Most of the forward exchange contracts have maturities of less than three months after reporting date. The consolidated entity uses foreign exchange contracts to manage the foreign currency exposures between the Nufarm Step-up Securities issued in Australia and New Zealand, and related group funding to several jurisdictions to which the funds were advanced. The foreign exchange contracts cover the exposure on the principal advanced to group companies in US dollars, the Euro, the British pound and the Canadian dollar. In the current year, the consolidated entity discontinued cash flow hedging with all movements in fair value recognised in profit or loss during the period. The net fair value of forward exchange contracts in the group used as hedges of forecasted transactions at 31 July 2008 was $26,856,120 (2007: $12,840,418) comprising assets of $26,946,301 (2007: $15,114,295) and liabilities of $90,181 (2007: $2,273,877) that were recognised as derivatives measured at fair value. The net fair value of forward exchange contracts in the company at 31 July 2008 was $374,991 (2007: $340,150) comprising assets of $374,991 (2007: nil) and liabilities of $nil (2007: $340,150) that were recognised as derivatives measured at fair value. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 100 notes to the financial statements continued 32. Financial risk management continued Currency risk (continued) Exposure to currency risk The consolidated entity’s exposure to major foreign currency risks at balance date was as follows, based on notional amounts: Consolidated 31 July 2008 Cash and cash equivalents Trade and other receivables Bank overdraft Trade and other payables Loans and borrowings Gross balance sheet exposure Forward exchange contracts Net exposure Consolidated 31 July 2007 Cash and cash equivalents Trade and other receivables Bank overdraft Trade and other payables Loans and borrowings Gross balance sheet exposure Forward exchange contracts Net exposure AUD $000 357 1,034 – (3,588) – (2,197) 786 (1,411) AUD $000 290 1,632 – (3,311) – (1,389) 4,505 3,116 USD $000 5,764 139,893 (3,935 (74,543) (114,168) Euro $000 1,152 4,956 (23) (14,701) (4,555) (46,989) (13,171) 37,826 (2,015) (9,163) (15,186) USD $000 3,327 132,813 (3,883) (69,930) (11,209) Euro $000 2,517 2,845 – (10,568) (285) 51,118 (5,491) 20,236 71,354 (3,605) (9,096) GBP $000 – – (113) (277) – (390) 1,756 1,366 GBP $000 – – (197) – – (197) – (197) The company’s exposure to major foreign currency risks at balance date was as follows, based on notional amounts: Company 31 July 2008 Cash and cash equivalents Trade and other receivables Trade and other payables Gross balance sheet exposure Forward exchange contracts Net exposure AUD $000 357 180 (3,441) (2,904) – (2,904) USD $000 205 – (3,438) (3,233) 9,627 6,394 Euro $000 150 – (591) (441) – (441) GBP $000 – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 101 notes to the financial statements continued 32. Financial risk management continued Currency risk (continued) Company 31 July 2007 Cash and cash equivalents Trade and other receivables Trade and other payables Gross balance sheet exposure Forward exchange contracts Net exposure AUD $000 290 248 (172) 366 4,505 4,871 USD $000 457 72 (218) 311 5,932 6,243 Euro $000 100 – (662) (562) 742 180 GBP $000 – – – – – – The following significant exchange rates applied during the year: AUD US dollar Euro GBP BRL Average rate Reporting date 2008 0.911 0.608 0.454 1.578 2007 2008 2007 0.798 0.604 0.408 1.653 0.944 0.605 0.476 1.478 0.859 0.623 0.421 1.610 Sensitivity analysis A 10 per cent strengthening or weakening of the Australian dollar against the following currencies at 31 July would have increased (decreased) profit or loss by the amounts shown below. This analysis assumes all other variables, including interest rates, remain constant. The analysis also assumes that any increases in raw material costs arising from changes in exchange rates are not passed on to customers in their selling prices. In the market place, nearly all raw material cost increases are passed onto customers and therefore, the profit or loss impact below is not truly reflective of the full profit or loss impact of changes in exchange rates. The analysis is performed on the same basis for 2007. 10 per cent strengthening 10 per cent weakening Consolidated Company profit or loss $000 profit or loss $000 Consolidated Company profit or loss $000 profit or loss $000 882 2,282 (261) (7,551) 1,327 43 (616) 66 – (661) (26) – (971) (2,510) 287 8,307 (1,460) (47) 677 (73) – 727 29 – 31 July 2008 US dollar Euro GBP 31 July 2007 US dollar Euro GBP 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 102 notes to the financial statements continued 32. Financial risk management continued Interest rate risk The group has the ability to use derivative financial instruments to manage specifically identified interest rate risks. Interest rate swaps, denominated in AUD, have been entered into to achieve an appropriate mix of fixed and floating rate exposures. However, at 31 July 2008 and at 31 July 2007, there were no interest rate swaps in place. Cash flow risk on Nufarm Step-up Securities The group uses interest rate caps to protect the cash flow impact of a movement in the distribution base rate. The distribution rate is the average mid-rate for bank bills with a term of six months plus a margin of 1.90 per cent. Profile At the reporting date the interest rate profile of the group and company’s interest-bearing financial instruments was: Variable rate instruments Financial assets Financial liabilities Consolidated Carrying amount Company Carrying amount 2008 $000 2007 $000 2008 $000 2007 $000 46,532 (939,068) 83,673 (452,153) (892,536) (368,480) – – – – – – There were no fixed interest rate instruments during the year ended 31 July 2008. Sensitivity analysis for fixed rate instruments The group does not account for any fixed rate financial assets and liabilities at fair value through profit or loss, and therefore, a change in interest rates at the reporting date would not affect profit or loss. Sensitivity analysis for variable rate instruments A change of 100 basis points in interest rates at the reporting date would have increased (decreased) equity and profit or loss by the amounts shown below. This analysis assumes that all other variables, in particular foreign currency rates, remain constant. The sensitivity is calculated on the debt at 31 July. Due to the seasonality of the crop protection business, debt levels can vary during the year. This analysis is performed on the same basis for 2007. 31 July 2008 Variable rate instruments Total sensitivity 31 July 2007 Variable rate instruments Total sensitivity Profit or loss 100bp increase $000 100bp decrease $000 (9,134) (9,134) (3,812) (3,812) 9,134 9,134 3,812 3,812 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 103 notes to the financial statements continued 32. Financial risk management continued Fair values Fair values versus carrying amounts The fair values of financial assets and liabilities, together with the carrying amounts shown in the balance sheet, are as follows: Consolidated Note Cash and cash equivalents Trade and other receivables Interest rate cap: Payable maturities – one to five years Forward exchange contracts: Assets Liabilities Bank overdraft Unsecured bank loans Other loans Finance leases 15 16 22 16 25 15 26 26 26 Company Cash and cash equivalents Trade and other receivables Receivables due from controlled entities Loans due from controlled entities Forward exchange contracts: Asset/(liabilities) Bank overdraft Note 15 16 16 16 16,25 15 Carrying amount 2008 $000 59,143 842,058 Fair value 2008 $000 Carrying amount 2007 $000 Fair value 2007 $000 59,143 842,058 92,377 788,131 92,377 788,131 8,504 8,504 7,225 7,225 26,946 (90) (20,841) (923,133) (1,028) (14,907) 26,946 (90) (20,841) (923,133) (1,028) (14,907) 15,114 (2,274) (12,716) (450,617) (854) (682) 15,114 (2,274) (12,716) (450,617) (854) (682) (23,348) (23,348) 435,704 435,704 Carrying amount 2008 $000 3,308 4,833 939 461,389 Fair value 2008 $000 3,308 4,833 939 461,389 Carrying amount 2007 $000 15,034 7,536 50,390 177,256 Fair value 2007 $000 15,034 7,536 50,390 177,256 375 – 375 – (340) (2,667) (340) (2,667) 470,844 470,844 247,209 247,209 Capital management The board’s policy is to maintain a strong capital base so as to maintain investor, creditor and market confidence and to sustain future development of the business. The board of directors monitors the group’s return on funds employed (ROFE). Return is calculated on the group’s earnings before interest and tax and adjusted for any non-operating items. Funds employed is defined as shareholder’s funds plus total interest bearing debt. The board of directors determines the level of dividends to ordinary shareholders. The board also reviews the group’s total shareholder return with relevant comparator groups. The board believes ROFE is an appropriate performance condition as it ensures management is focused on the efficient use of capital and the measure remains effective regardless of the mix of equity and debt, which may change from time to time. The group’s target ROFE is 17.25 per cent; during the year ended 31 July 2008 the return was 17.2 per cent (2007: 16.6 per cent). There were no changes in the group’s approach to capital management during the year. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 104 notes to the financial statements continued 33. Operating leases Non-cancellable operating lease rentals are payable as follows: Not later than one year Later than one year but not later than two years Later than two years but not later than five years Later than five years Consolidated Company 2008 $000 6,763 6,526 18,232 183,339 2007 $000 5,726 4,560 9,801 4,664 214,860 24,751 2008 $000 2007 $000 – – – – – – – – – – Operating leases are generally entered to access the use of shorter term assets such as motor vehicles, mobile plant and office equipment. Rentals are fixed for the duration of these leases. There are also a small number of leases for office properties. These rentals have regular reviews based on market rentals at the time of review. The increase in operating lease rentals compared to the prior year is due to the 50 year operating lease for the land at the Wyke site of AH Marks. The lease was assumed as part of the AH Marks acquisition. 34. Capital and other commitments Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 Capital expenditure commitments Plant and equipment Contracted but not provided for and payable: Within one year 14,078 17,717 – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 105 notes to the financial statements continued 35. Contingencies The directors are of the opinion that provisions are not required in respect of the following matters, as it is not probable that a future sacrifice of economic benefits will be required or the amount is not capable of reliable measurement. The parent entity together with all the material wholly owned controlled entities have entered into a negative pledge deed with the group’s lenders whereby all group entities, which are a party to the deed, have guaranteed repayment of all liabilities in the event that any of these companies are wound up. Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 Guarantee facility for Eastern European joint ventures with FMC Corporation. 4,222 5,680 – Environmental guarantee given to the purchaser of land and buildings at Genneviliers for EUR 8.5 million.The guarantee expires in 2014, 18 months after the expiry of the business tenancy contract. Guarantee upon sale of a business limited to EUR 2.29 million on account of possible remediation costs for soil and groundwater contamination. This guarantee decreases from 2004 progressively to nil in 2011. Insurance bond for EUR 2.7 million established to make certain capital expenditures at Gaillon plant in France. The insurance bond is for a three year term. 14,050 13,710 – 3,785 4,419 4,463 – 26,520 23,809 – – – – – – – – 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 106 notes to the financial statements continued 36. Group entities Notes Place of incorporation Percentage of shares held 2008 2007 Parent entity Nufarm Limited – ultimate controlling entity Subsidiaries Access Genetics Pty Ltd ACN000425927 Pty Ltd Agcare Biotech Pty Ltd Agchem Receivables Corporation Agripec Quimica e Farmaceutica SA Agryl Holdings Limited Ag-seed Research Pty Ltd AH Marks (New Zealand) Limited AH Marks Australia Pty Ltd AH Marks Holdings Limited Artfern Pty Ltd Australis Services Pty Ltd Bestbeech Pty Ltd Chemicca Limited CNG Holdings BV Crop Care Australasia Pty Ltd Crop Care Holdings Limited Croplands Equipment Limited Croplands Equipment Pty Ltd CSRPAR Participacoes LTDA (merged into Agripec) Danestoke Pty Ltd Fchem (Aust) Limited Fernz Canada Limited Fernz Singapore Pte Ltd Fidene Limited Finotech BV Framchem SA Frost Technology Corporation Laboratoire European de Biotechnologie s.a.s Le Moulin des Ecluses s.a Les Ecluses de la Garenne s.a.s Manaus Holdings Sdn Bhd Marman (Nufarm) Inc Marman de Guatemala Sociedad Anomima Marman de Mexico Sociedad Anomima De Capital Variable Marman Holdings LLC Mastra Corporation Pty Ltd Mastra Corporation Sdn Bhd Mastra Corporation USA Pty Ltd Mastra Holdings Sdn Bhd Mastra Industries Sdn Bhd (a),(b) (b) (a),(b) (a) (b) (a) (a) (a) (a) (a),(b) (b) (a),(b) (b) (a),(b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) Australia Australia Australia USA Brazil Australia Australia New Zealand Australia United Kingdom Australia Australia Australia Australia Netherlands Australia New Zealand New Zealand Australia Brazil Australia Australia Canada Singapore New Zealand Netherlands Egypt USA France France France Malaysia USA Guatemala Mexico USA Australia Malaysia Australia Malaysia Malaysia 100 100 70 40 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 – 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 70 70 70 70 70 100 100 70 40 100 100 100 – – – 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 70 70 70 70 70 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 107 notes to the financial statements continued 36. Group entities continued Medisup International NV Medisup Securities Limited Nufarm (Asia) Pte Ltd Nufarm Agriculture (Pty) Ltd Nufarm Agriculture Inc Nufarm Agriculture Inc (USA) Nufarm Agriculture Zimbabwe (Pvt) Ltd Nufarm Americas Holding Company Nufarm Americas Inc Nufarm Colombia S.A. (formerly Agrogen de Nufarm Colombia SA) Nufarm Asia Sdn Bhd Nufarm Australia Limited Nufarm BV Nufarm Chemical (Shanghai) Co Ltd Nufarm Chile Limitada Nufarm Crop Products UK Limited Nufarm de Costa Rica Nufarm de Guatemala SA Nufarm de Mexico Sa de CV Nufarm de Panama SA Nufarm de Venezuela SA Nufarm del Ecuador SA Nufarm Deutschland GmbH Nufarm do Brazil LTDA Nufarm Espana SA Nufarm Finance (NZ) Limited Nufarm GmbH Nufarm GmbH Nufarm GmbH & Co KG Nufarm Holdings (NZ) Limited Nufarm Holdings BV Nufarm Holdings s.a.s Nufarm Hungaria Kft Nufarm Inc. Nufarm Insurance Pte Ltd Nufarm Investments Cooperatie WA Nufarm Italia Holding srl Nufarm Italia srl Nufarm KK Nufarm Labuan Pte Ltd Nufarm Limited (formerly AH Marks & Co, Ltd) Nufarm Malaysia Sdn Bhd Nufarm Materials Limited Nufarm NZ Limited Nufarm Platte Pty Ltd Nufarm Portugal LDA Notes (a),(b) (b) (b) (b) (b) (b) (a),(b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (a),(b) (b) (b) Place of incorporation N. Antillies Australia Singapore South Africa Canada USA Zimbabwe USA USA Colombia Malaysia Australia Netherlands China Chile United Kingdom Costa Rica Guatemala Mexico Panama Venezuela Ecuador Germany Brazil Spain New Zealand Germany Austria Austria New Zealand Netherlands France Hungary USA Singapore Netherlands Italy Italy Japan Malaysia United Kingdom Malaysia Australia New Zealand Australia Portugal Percentage of shares held 2008 2007 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 – 100 100 100 100 100 100 100 – 100 100 100 100 100 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 108 notes to the financial statements continued 36. Group entities continued Nufarm s.a.s Nufarm SA Nufarm Srl Nufarm Switzerland LLC Nufarm Technologies (M) Sdn Bhd Nufarm Technologies USA Nufarm Technologies USA Pty Ltd Nufarm Treasury Pty Ltd Nufarm UK Limited Nugrain Pty Ltd Nuseed Pty Ltd Nutrihealth Grains Pty Ltd Nutrihealth Pty Ltd Opti-Crop Systems Pty Ltd Pharma Pacific Pty Ltd PT Crop Care PT Nufarm Indonesia Safepak Industries Sdn Bhd (liquidated) Selchem Pty Ltd TPL Limited (amalgamated into Nufarm Holdings (NZ) Ltd) Notes (b) (b) (a),(b) (b) (b) (a) (b) (a) (b) Place of incorporation France Argentina Romania Switzerland Malaysia New Zealand Australia Australia United Kingdom Australia Australia Australia Australia Australia Australia Indonesia Indonesia Malaysia Australia New Zealand Percentage of shares held 2008 2007 100 100 100 100 51 100 100 100 100 100 100 100 100 75 100 100 100 – 100 – 100 100 100 – 51 100 100 100 100 100 100 100 100 75 100 100 100 70 100 100 Note (a). These entities have entered into a deed of cross guarantee date 10 July 2000 with Nufarm Limited, which provides that all parties to the deed will guarantee to each creditor payment in full of any debt of each company participating in the deed on winding-up of that company. As a result of a class order issued by the Australian Securities and Investment Commission (dated 14 July 2000), these companies are relieved from the requirement to prepare financial statements. Note (b). These entities have entered into a deed of negative pledge dated 24 October 1996 (as amended on 26 April 1999, 26 January 2000 and 9 October 2003) with the group lenders which provides that all parties to the deed will guarantee to each creditor payment in full of any debt of each company participating in the deed. 37. Deed of cross guarantee Pursuant to ASIC Class Order 98/1418 dated 13 August 1998, the wholly-owned subsidiaries referred to in note 37 are relieved from the Corporations Act 2001 requirements for preparation, audit and lodgement of financial reports and director’s reports. It is a condition of the class order that the company and each of the subsidiaries enter into a deed of cross guarantee. The parent entity and all the Australian controlled entities have entered into a deed of cross guarantee dated 10 July 2000 which provides that all parties to the deed will guarantee to each creditor payment in full of any debt of each company participating in the deed on winding-up of that company. A consolidated income statement and consolidated balance sheet, comprising the company and controlled entities which are a party to the deed, after eliminating all transactions between parties to the deed of cross guarantee, at 31 July 2008 is set out as follows: 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 109 notes to the financial statements continued 37. Deed of cross guarantee continued Consolidated 2008 $000 2007 $000 Summarised income statement and retained profits Profit before income tax expense Income tax expense 65,100 (20,201) Net profit attributable to members of the closed group 44,899 Retained profits at the beginning of the period Dividends paid Retained profits at the end of the period 299,730 (58,322) 286,307 81,236 (12,021) 69,215 283,660 (53,145) 299,730 12,543 238,460 185,590 23,677 460,270 9,408 620,190 25,028 154,244 85,296 894,166 3,632 216,307 281,801 19,265 521,005 12,749 527,716 23,687 162,959 91,039 818,150 1,339,155 1,354,436 3,680 386,779 84,500 8,509 11,169 494,637 14,000 13,090 9,173 4,000 40,263 534,900 804,255 5,584 611,963 57,800 7,674 28,294 711,315 23,500 7,918 8,605 6,000 46,023 757,338 597,098 456,870 61,078 286,307 248,086 49,282 299,730 804,255 597,098 Statement of financial position Current assets Cash and cash equivalents Trade and other receivables Inventories Current tax assets Total current assets Non-current assets Equity accounted investments Other investments Deferred tax assets Property, plant and equipment Intangible assets Total non-current assets TOTAL ASSETS Current liabilities Bank overdraft Trade and other payables Interest bearing loans and borrowings Employee benefits Current tax payable Total current liabilities Non-current liabilities Interest bearing loans and borrowings Deferred tax liabilities Employee benefits Provisions Total non-current liabilities TOTAL LIABILITIES NET ASSETS Equity Share capital Reserves Retained earnings TOTAL EQUITY 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 110 notes to the financial statements continued 38. Reconciliation of cash flows from operating activities Cash flows from operating activities Profit for the period Dividend from associated company Non-cash items: Amortisation Depreciation Gain on disposal of non current assets Gain on sale of discontinued operation Write-down of non current assets Share of profits of associates net of tax Movement in provisions for: Deferred tax Tax assets Deferred product development expenses Exchange rate change on foreign controlled entities provisions Operating profit before changes in working capital and provisions Movements in working capital items: (Increase)/decrease in receivables (Increase)/decrease in inventories Increase/(decrease) in payables Increase/(decrease) in income tax payable Exchange rate change on foreign controlled entities working capital items Movements in intercompany balances relating to cash transactions Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 138,120 373 149,163 171 64,698 373 63,114 171 10,900 36,580 (135) – 165 (2,698) 15,956 (33,530) – 8,454 33,755 (1,063) (37,176) – 34 612 (16) – – (8,056) (1,237) 10 585 (18) – – (788) 6,804 (16,390) – 71 (1,734) – (53) (11,216) – 1,851 589 (220) 54 167,582 136,251 62,581 51,859 (8,728) (354,235) 68,583 (4,223) (136,362) (2,559) 56,848 14,742 2,286 (2,597) 2,742 (6,869) 19,911 (1,123) (578) 5,897 3,619 (6,322) (1,901) 484 – – – (294,984) (73,653) (6,339) Net operating cash flows (127,402) 62,598 56,242 – 24,591 76,450 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 111 notes to the financial statements continued 39. Key management personnel disclosures The following were key management personnel of the consolidated entity at any time during the reporting period and were key management personnel for the entire period. Non-executive directors KM Hoggard (Chairman) GDW Curlewis Dr WB Goodfellow GA Hounsell DG McGauchie Dr JW Stocker RFE Warburton (retired 5 Dec 2007) Executives BF Benson – Group general manager agriculture R Heath – Group general manager corporate services and company secretary KP Martin – Chief financial officer DA Mellody – Group general manager marketing and president North America RF Ooms – Group general manager chemicals DA Pullan – Group general manager operations RG Reis – Group general manager corporate strategy and external affairs Executive director DJ Rathbone – Managing director and chief executive Key management personnel compensation The key management personnel compensation included in personnel expenses (see note 9) are as follows: Short term employee benefits Post employment benefits Equity compensation benefits Other long term benefits Consolidated Company 2008 $ 2007 $ 9,435,389 610,127 50,000 294,795 5,580,527 647,613 1,332,003 170,224 10,390,311 7,730,367 2008 $ 777,661 113,516 50,000 – 941,177 2007 $ 574,333 259,833 143,000 – 977,166 Individual directors and executives compensation disclosures Information regarding individual directors and executives compensation is provided in the remuneration report section of the director’s report. Apart from the details disclosed in this note, no director has entered into a material contract with the company or the consolidated entity since the end of the previous financial year and there were no material contracts involving director’s interest existing at year-end. Loans to key management personnel and their related parties There were no loans to key management personnel at 31 July 2008. Other key management personnel transactions with the company or its controlled entities A number of key management persons, or their related parties, hold positions in other entities that result in them having control or significant influence over the financial or operating policies of those entities. A number of these entities transacted with the company or its subsidiaries in the reporting period. The terms and conditions of the transactions with management persons and their related parties were no more favourable than those available, or which might reasonably be expected to be available, on similar transactions to non-director related entities on an arms-length basis. From time to time, key management personnel of the company or its controlled entities, or their related entities, may purchase goods from the group. These purchases are on the same terms and conditions as those entered into by other group employees or customers and are trivial or domestic in nature. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 112 notes to the financial statements continued 39. Key management personnel disclosures continued Options and rights over equity instruments granted as compensation No options or other equity instruments were granted to key management personnel during the current or prior year reporting period as compensation. Movements in shares The movement during the reporting period in the number of ordinary shares in Nufarm Limited held, directly, indirectly or beneficially, by each key management person, including their related parties, is as follows: Shares held in Nufarm Ltd 2008 Directors KM Hoggard1 DJ Rathbone GDW Curlewis Dr WB Goodfellow1,2 GA Hounsell1 DG McGauchie1 Dr JW Stocker1 RFE Warburton3 Executives BF Benson R Heath KP Martin DA Mellody RF Ooms DA Pullan RG Reis Total Balance at 1 August 2007 Granted as remuneration Exercise of options Net change other Balance at 31 July 2008 2,383,614 29,912,610 43,787 662,914 61,959 16,376 40,973 66,938 159,429 209,001 402,673 16,491 356,820 225,392 180,319 – – 415 549 549 – 549 – – – – – – – – 34,739,296 2,062 – – – – – – – – – – – – – – – – – 2,383,614 (4,000,000) 25,912,610 44,533 665,846 45,170 17,038 41,522 67,600 331 2,383 (17,338) 662 – 662 (9,669) – – – (25,665) (87,208) (51,750) 149,760 209,001 402,673 16,491 331,155 138,184 128,569 (4,187,592) 30,553,766 1 Messrs Hoggard, Curlewis, Goodfellow, Hounsell, McGauchie, and Stocker are participants in the non-executive share plan which enables participants to sacrifice 20 per cent of their base director fees to the acquisition of company shares. These shares do not vest until the earlier of three years or retirement. 2 The shareholding of Dr WB Goodfellow includes his relevant interest in: (i) St Kentigern Trust Board (430,186 shares and 19,727 Nufarm Step-up Securities) – Dr Goodfellow is Chairman of the Trust Board. Dr Goodfellow does not have a beneficial interest in these shares or step-up securities; (ii) Sulkem Company Limited (113,947 shares); and (iii) Auckland Medical Research Foundation (25,462 step-up securities). Dr Goodfellow does not have a beneficial interest in the step-up securities. 3 Mr RFE Warburton retired as a director on 5 December 2007. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 113 notes to the financial statements continued 39. Key management personnel disclosures continued Movements in shares continued Shares held in Nufarm Ltd 2007 Directors KM Hoggard1 DJ Rathbone GDW Curlewis Dr WB Goodfellow1,2 GA Hounsell1 DG McGauchie1 Dr JW Stocker1 RFE Warburton1 Executives BF Benson R Heath KP Martin DA Mellody RF Ooms DA Pullan RG Reis Total Balance at 1 August 2006 Granted as remuneration Exercise of options Net change other Balance at 31 July 2007 2,379,426 29,912,610 42,787 1,468,296 60,302 14,719 30,314 65,281 157,694 197,790 381,610 5,196 335,757 232,132 166,096 4,188 – – 1,657 1,657 1,657 1,657 1,657 20,080 11,211 21,063 11,295 21,063 22,393 14,223 35,450,010 133,801 – – – – – – – – – – – – – – – – – – 1,000 (807,039) – – 9,002 – 2,383,614 29,912,610 43,787 662,914 61,959 16,376 40,973 66,938 (18,345) – – – – (29,133) – 159,429 209,001 402,673 16,491 356,820 225,392 180,319 (844,515) 34,739,296 All equity transactions with key management personnel other than those arising from the exercise of remuneration options have been entered into under terms and conditions no more favourable than those the entity would have adopted if dealing at arm’s length. 1 Messrs Hoggard, Curlewis, Goodfellow, Hounsell, McGauchie, and Stocker are participants in the non-executive share plan which enables participants to sacrifice 20 per cent of their base director fees to the acquisition of company shares. These shares do not vest until the earlier of three years or retirement. 2 The shareholding of Dr WB Goodfellow includes his relevant interest in: (i) St Kentigern Trust Board (430,186 shares and 19,727 Nufarm Step-up Securities) – Dr Goodfellow is Chairman of the Trust Board. Dr Goodfellow does not have a beneficial interest in these shares or step-up securities; (ii) Sulkem Company Limited (113,947 shares); and (iii) Auckland Medical Research Foundation (25,462 step-up securities). Dr Goodfellow does not have a beneficial interest in the step-up securities. 3 Mr RFE Warburton retired as a director on 5 December 2007. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 114 notes to the financial statements continued 40. Non-key management personnel disclosures (a) Transactions with related parties in the wholly-owned group The parent entity entered into the following transactions during the year with subsidiaries of the group: • loans were advanced and repayments received on short term intercompany accounts; and • management fees were received from several wholly-owned controlled entities. These transactions were undertaken on commercial terms and conditions. (b) Transactions with associated parties Consolidated Bayer CropScience Nufarm Limited sales to SRFA LLC Excel Crop Care Ltd F&N joint ventures purchases from trade receivable trade payable sales to loan receivable interest received trade receivable purchases from trade payable sales to trade payable trade receivable 2008 $000 13,859 13,875 1,651 5,930 2,238 – 16 486 1,015 247 65,087 248 29,140 2007 $000 11,734 14,342 41 3,949 2,159 582 19 60 2,610 573 48,638 – 21,170 These transactions were undertaken on commercial terms and conditions. 41. Subsequent events On 25 September 2008, the directors declared a final dividend of 23 cents per share, fully franked, payable 17 November 2008. The financial effect of this dividend has not been brought to account in the financial statements for the year ended 31 July 2008 and will be recognised in the subsequent financial reports. The declaration and subsequent payment of dividends has no income tax consequences for the company. The directors have also approved a dividend reinvestment plan. For the final dividend, shareholders will be given the opportunity to reinvest dividends in Nufarm shares at a 2.5 per cent discount to the volume weighted average share price calculated over a period and on a basis to be determined by the board. Details of the plan and election notices will be mailed to all shareholders. As announced by the company on 1 September 2008, the UK Competition Commission has initiated an investigation into possible competition concerns that might arise as a result of the acquisition of AH Marks. The review is expected to be completed by mid-February, 2009. Combined Nufarm and AH Marks annual sales of the main products under investigation amount to £4 million, with AH Marks sales of those products totalling less than £1.5 million. Nufarm is cooperating fully with the Competition Commission in an effort to clarify and address such concerns. Regulators in other jurisdictions are also reviewing certain aspects of the acquisition. Certain restructuring proposals for the business have been delayed pending completion of this review. On 24 September 2008, Nufarm signed an agreement to acquire Lefroy Seeds Pty Ltd, based in Toowoomba, Queensland. Lefroy Seeds specialises in hybrid breeding, production and commercialisation activities in sunflower and sorghum. The company has established registrations, sales and commercial partnerships in Australia, Argentina, South Africa, China, Pakistan, Thailand and various countries in Europe. The acquisition involves total consideration of $11.5 million, the majority of which will be paid in Nufarm equity. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 115 notes to the financial statements continued 42. Auditors’ remuneration Audit services KPMG Australia Audit and review of group financial report Audit of superannuation fund Overseas KPMG firms Audit and review of group financial report Audit and review of local statutory reports Other auditors Audit and review of financial reports Other services KPMG Australia Transaction due diligence services Other assurance services Overseas KPMG firms Other assurance services Consolidated Company 2008 $000 2007 $000 2008 $000 2007 $000 385 – 941 188 1,514 155 1,669 12 14 35 61 384 65 670 166 1,285 87 1,372 120 6 46 172 – – 63 64 127 – 127 – – – – – – 44 47 91 – 91 – – 9 9 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 116 directors’ declaration 1. In the opinion of the directors of Nufarm Limited (the company): (a) the financial statements and notes, including the remuneration disclosures that are contained in the remuneration report in the directors’ report, are in accordance with the Corporations Act 2001 including: (i) giving a true and fair view of the company’s and the group’s financial position as at 31 July 2008 and of their performance, for the financial year ended on that date; and (ii) complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001; (b) the financial report also complies with International Financial Reporting Standards as disclosed in note 2(a); and (c) there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable. 2. There are reasonable grounds to believe that the company and the group entities identified in note 36 will be able to meet any obligations or liabilities to which they are or may become subject to by virtue of the deed of cross guarantee between the Company and those group entities pursuant to ASIC Class Order 98/1418. 3. The directors have been given the declarations required by Section 295A of the Corporations Act 2001 from the chief executive officer and chief financial officer for the financial year ended 31 July 2008. Signed in accordance with a resolution of the directors: Dated at Melbourne this 25th day of September 2008 KM Hoggard Director DJ Rathbone Director 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 117 independent audit report Independent auditor’s report to the members of Nufarm Limited Report on the financial report We have audited the accompanying financial report of Nufarm Limited (the company), which comprises the balance sheets as at 31 July 2008, and the income statements, statements of recognised income and expense and cash flow statements for the year ended on that date, a description of significant accounting policies and other explanatory notes 1 to 42 and the directors’ declaration of the group comprising the company and the entities it controlled at the year’s end or from time to time during the financial year. Directors’ responsibility for the financial report The directors of the company are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Act 2001. This responsibility includes establishing and maintaining internal control relevant to the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances. In note 2(a), the directors also state, in accordance with Australian Accounting Standard AASB 101 Presentation of Financial Statements, that the financial report, comprising the financial statements and notes, complies with International Financial Reporting Standards. Auditor’s responsibility Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial report. We performed the procedures to assess whether in all material respects the financial report presents fairly, in accordance with the Corporations Act 2001 and Australian Accounting Standards (including the Australian Accounting Interpretations), a view which is consistent with our understanding of the company’s and the group’s financial position and of their performance. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 118 independent audit report continued Independence In conducting our audit, we have complied with the independence requirements of the Corporations Act 2001. Auditor’s opinion In our opinion: (a) the financial report of Nufarm Limited is in accordance with the Corporations Act 2001, including: (i) giving a true and fair view of the company’s and the group’s financial position as at 31 July 2008 and of their performance for the year ended on that date; and (ii) complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and the Corporations Regulations 2001; (b) the financial report also complies with International Financial Reporting Standards as disclosed in note 2(a). Report on the remuneration report We have audited the remuneration disclosures included under the heading ‘remuneration report’ in the directors’ report for the year ended 31 July 2008. 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 Auditing Standards. Auditor’s opinion In our opinion, the remuneration report of Nufarm Limited for the year ended 31 July 2008 complies with Section 300A of the Corporations Act 2001. KPMG Paul J McDonald Partner Melbourne 25 September 2008 KPMG, an Australian partnership and a member firm of the KPMG network of independent member films affiliated with KPMG International, a Swiss cooperative. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 119 shareholder and statutory information Details of shareholders, shareholdings and top 20 shareholders Listed securities – 25 September 2008 Number of holders Number Percentage held by top 20 of securities Fully paid ordinary shares 9,929 185,882,333 74.76 Twenty largest shareholders Falls Creek No 2 Pty Ltd HSBC Custody Nominees (Australia) Limited JP Morgan Nominees Australia Limited National Nominees Limited Amalgamated Dairies Limited ANZ Nominees Limited Citicorp Nominees Pty Limited Challenge Investment Company Limited UBS Nominees Pty Ltd Mr Edgar William Preston & Mr Paul Gerard Keeling Cogent Nominees Pty Limited RAM Custodian Limited & GBH Trustee Services Limited Australian Foundation Investment Company Limited AMP Life Limited Pacific Custodians Pty Ltd CPU Share Plans Pty Ltd Grantali Pty Ltd Citicorp Nominees Pty Limited Cogent Nominees Pty Limited Douglas Industries Limited Distribution of shareholders Size of holding 1 – 1,000 1,001 – 5,000 5,001 – 10,000 10,001 – 100,000 100,001 and over Ordinary shares as at 25.09.08 Percentage of issued capital as at 25.09.08 24,130,987 23,060,243 22,981,994 18,244,821 15,111,068 7,168,450 4,573,622 2,983,199 2,715,502 2,491,779 2,285,542 2,243,750 1,910,785 1,765,790 1,609,118 1,489,105 1,283,846 1,023,331 974,000 916,896 12.98 12.41 12.36 9.82 8.13 3.86 2.46 1.60 1.46 1.34 1.23 1.21 1.03 0.95 0.87 0.80 0.69 0.55 0.52 0.49 Number of holders as at 25.09.08 Ordinary shares held as at 25.09.08 4,028 4,435 833 553 80 2,112,373 10,613,220 5,736,310 11,590,956 155,829,474 Of these, 80 shareholders held less than a marketable parcel of shares of $500 worth of shares (33 shares). In accordance with the ASX Listing Rules, the last sale price of the company’s shares on the ASX on 25 September 2008 was used to determine the number of shares in a marketable parcel. Securities exchanges on which securities are listed Ordinary shares: Australian Securities Exchange Limited. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 120 shareholder and statutory information continued Substantial shareholders In accordance with section 671B of the Corporations Act, as at 25 September 2008, the substantial shareholders set out below have notified the company of their respective relevant interest in voting shares in the company shown adjacent to their respective names as follows: Number and percentage of shares in which interest held at date of notice Date of notice Number Interest % Amalgamated Dairies Ltd Khyber Pass Ltd1 Glade Building Ltd2 Hauraki Trading Ltd3 Oxford Trustees (Paul Gerard Keeling and Edgar William Preston)4 Douglas John Rathbone 11 March 2008 11 March 2008 11 March 2008 11 March 2008 11 March 2008 11 March 2008 15,110,737 15,128,819 15,490,607 15,846,421 15,508,689 25,912,610 8.17 8.18 8.37 8.57 8.38 14.01 1 Khyber Pass Ltd has a relevant interest in Amalgamated Dairies Ltd and, as a result, the number of shares disclosed by it includes the shares held by Amalgamated Dairies Ltd. 2 Glade Building Ltd has a relevant interest in Amalgamated Dairies Ltd and, as a result, the number of shares disclosed by it includes the shares held by Amalgamated Dairies Ltd. 3 Hauraki Trading Ltd has a relevant interest in Amalgamated Dairies Ltd and, as a result, the number of shares disclosed by it includes the shares held by Amalgamated Dairies Ltd. 4 Oxford Trustees has a relevant interest in Glade Building Ltd, Khyber Pass Ltd and Amalgamated Dairies Ltd and, as a result, the number of shares disclosed by it includes the shares held by Glade Building Ltd, Khyber Pass Ltd and Amalgamated Dairies Ltd. Voting rights On a show of hands, every shareholder present in person or represented by a proxy or representative shall have one vote and on a poll every shareholder who is present in person or represented by a proxy or representative shall have one vote for every fully paid share held by the shareholder. Shareholder information Annual general meeting The annual general meeting of Nufarm Limited will be held on Thursday 4 December 2008 at 10.00am in the Telstra Conference Centre, Level 1, 242 Exhibition Street, Victoria. Full details are contained in the notice of meeting sent to all shareholders. Voting rights Shareholders are encouraged to attend the annual general meeting. However, when this is not possible, they are encouraged to use the form of proxy by which they can express their views. Proxy voting can be completed online via www.investorvote.com.au and following the instructions provided, or via post by completing the proxy form and sending it back in the return envelope. Every shareholder, proxy or shareholder’s representative has one vote on a show of hands. In the case of a poll, each share held by every shareholder, proxy or representative is entitled to: (a) one vote for each fully paid share; and (b) voting rights in proportion to the paid up amount of the issue price for partly paid shares. Securities exchange listing Nufarm shares are listed under the symbol NUF on the ASX. The securities of the company are traded on the ASX under CHESS (Clearing House Electronic Sub-register System), which allows settlement of on-market transactions without having to reply on paper documentation. Shareholders seeking more information about CHESS should contact their stockbroker or the ASX. 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 121 shareholder and statutory information continued Shareholder details The Nufarm Limited Share Register is managed by Computershare Investor Services. You can gain access to your shareholding information in the following ways. Online via investor centre Step 1 Go to www.computershare.com/au/investors Step 2 Select ‘access a single holding’ Step 3 Enter NUF or Nufarm Limited Step 4 Enter your Securityholder Reference Number (SRN) or Holder Identification Number (HIN), postcode or country if outside Australia Step 5 Enter the security code that appears and agree to the terms and conditions Step 6 Select ‘submit’ Alternatively, manage your portfolio by becoming a member of Investor Centre and register for a username and password at www.computershare.com/au/investors By telephone via InvestorPhone (Australian shareholders only) InvestorPhone provides telephone access 24 hours a day seven days a week. Step 1 Call the Nufarm shareholder information line on 1300 652 479 Step 2 Follow the prompts to gain secure, immediate access to your: – holding details – registration details – payment information Shareholder communications You can choose to receive shareholder communications electronically. Register for this initiative at www.eTree.com.au/nufarm and a donation of $1 will go to Landcare to support urgent reforestation projects in Australia and New Zealand. The default for receiving the annual report is now via the Company’s website – www.nufarm.com Shareholder enquires Contact: Computershare Investor Services Yarra Falls, 452 Johnston Street Abbotsford Victoria 3067 GPO Box 2975 Melbourne Victoria 3001 Telephone: 1300 652 479 (within Australia) +61 3 9415 4360 (outside Australia) Email: web.queries@computershare.com.au 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 122 shareholder and statutory information continued Dividends A final dividend of 23 cents per share will be paid on 17 November 2008 to shareholders registered on 24 October 2008. For Australian tax purposes, the dividend will be 100 per cent franked at the 30 per cent tax rate. Australian and New Zealand shareholders may elect to have dividends paid directly into a bank account anywhere in Australia and New Zealand. Forms for this purpose can be obtained on www.computershare.com.au or by request from the share registry. Key dates – 24 October 2008 Record date (books closing) for 2007–08 final dividend – 17 November 2008 Final dividend for 2007–08 payable – 29 October 2008* Annual report sent to shareholders – 4 December 2008 Annual general meeting – 26 March 2009* Announcement of profit result for half year ending 31 January 2009 – 31 July 2009 End of financial year * Subject to confirmation. For enquiries relating to the operations of the company, please contact the Nufarm Corporate Affairs Office on: Telephone: (61) 3 9282 1177 Facsimile: (61) 3 9282 1111 Email: robert.reis@au.nufarm.com Written correspondence should be directed to: Corporate Affairs Office Nufarm Limited PO Box 103 Laverton Victoria 3028 Australia Nufarm Limited 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 123 directory Directors Share registrar KM Hoggard – Chairman GDW Curlewis – Deputy Chairman DJ Rathbone AM – Managing Director Dr WB Goodfellow GA Hounsell DG McGauchie AO Dr JW Stocker AO Company secretary R Heath Solicitors Arnold Bloch Leibler & Co 333 Collins Street Melbourne Victoria 3000 Australia Sylvia Miller & Associates 131 Orrong Road Elsternwick Victoria 3185 Australia Auditors KPMG 147 Collins Street Melbourne Victoria 3000 Australia Trustee for Nufarm Step-up Securities Permanent Trustee Company Ltd 35 Clarence Street Sydney NSW 2000 Australia Computershare Investor Services Pty Ltd GPO Box 2975EE Melbourne Victoria 3001 Australia Telephone: 1300 850 505 Outside Australia: 61 3 9415 4000 Step-up securities registrar New Zealand Computershare Registry Services Limited Private Bag 92119 Auckland New Zealand 1020 Telephone: 64 9 488 8777 Registered office 103–105 Pipe Road Laverton North Victoria 3026 Australia Telephone: 61 3 9282 1000 Facsimile: 61 3 9282 1001 NZ branch office 6 Manu Street Otahuhu, Auckland New Zealand Telephone: 64 9 270 4157 Facsimile: 64 9 267 8444 Website http://www.nufarm.com Nufarm Limited ACN 091 323 312 8 0 0 2 t r o p e R l a u n n A – d e t i i m L m r a f u N 124 contents Produced by Gillian Sweetland. Designed by MDM Design. Photographers include: Alex Craig, Melissa Powell and Doug Wilson.

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