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Industry Response to WA Plumbing Issues finalised

Legal13 November 2024FBUMaterials

Fletcher Building Limited, Private Bag 92114, Auckland 1142, 810 Great South Road, Penrose, Auckland 1061, New Zealand

Industry Response to WA Plumbing Issues finalised


Auckland, 13 November 2024: Fletcher Building Limited (the “Company”) today

announced that its subsidiary, Iplex Pipelines Australia (“Iplex AU”), together with the

Western Australian Government and key industry stakeholders, have finalised the

Industry Response to address the plumbing failures which are impacting some WA

homes constructed using Typlex Pro-Fit pipe. Now that the Industry Response has been

finalised, funding of the agreed work programme is available to participating builders.

The Industry Response was first announced as an in-principle arrangement on 30

August 2024. The terms finalised today remain materially the same as those announced

at that time. Iplex AU’s obligations under the Industry Response will be guaranteed by

Fletcher Building Australia and its main subsidiaries.

In conjunction with legislation passed this month by the WA Government

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and the

introduction of a policy by the WA Building Commissioner about how building service

complaints relating to the relevant plumbing failures will be managed, the Industry

Response makes available a programme of works for all WA homes constructed with

Typlex Pro-Fit pipe and that experience a plumbing failure. These measures apply

irrespective of who built that home and whether that builder chooses to participate in

the Industry Response. Builders who do participate will have their direct costs

reimbursed by Iplex AU and the WA Government on the same basis as was described

in the Company’s 30 August 2024 announcement.

These measures are provided at no cost to homeowners, whether that home is owned

by the original purchaser or not.

In addition, Iplex AU will offer every eligible WA home a leak detection unit.

Owners of homes built by a builder who does not carry out the programme of work

voluntarily, can lodge a complaint about the building service in their home, and the WA

Building Commissioner may order that builder to undertake repair and remediation

work. The WA Government has extended the allowable period for those complaints to

be lodged from 6 years to 15 years and is encouraging homeowners to do so. The policy

introduced by the Building Commissioner referred to above means that builders can

expect remedy orders in response to these complaints will be a similar series of


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Building Services (Complaint Resolution and Administration) Amendment Act 2024


Fletcher Building Limited, Private Bag 92114, Auckland 1142, 810 Great South Road, Penrose, Auckland 1061, New Zealand

remediation and prevention measures to the work programme under the Industry

Response.

Builders will not be entitled to reimbursement of their costs from Iplex AU or the WA

Government, whether they do the work voluntarily or under an order, unless they are

participants in the Industry Response. BGC is not currently a participant.

There are a number of other WA builders and plumbers who installed the relevant pipe

and who have been accessing Iplex’s interim investigation fund but who were not party

to the Industry Response negotiations. Iplex AU will reach out to those parties so that

the whole industry has an opportunity to join the Industry Response.

Homeowners who have been affected by plumbing failures are encouraged to contact

their builder or, failing that, lodge a complaint about their building service with the

Building Commission.

More details, including practical details about the leak detector roll out that is part of the

Industry Response, can be found online at www.perthpbresponse.com.au

.

Financial Statements Provision

Iplex AU’s interim investigation fund will close to new claims. The total amount

disbursed under that fund since its establishment in May 2023 is expected to be

approximately A$17.5 million. Of this, A$2.5 million will be recognised in FY25, given that

A$15 million was already recognised in FY23. Cash flows relating to this fund are

expected to be approximately A$5 million in FY25.

As previously advised, Iplex AU expects to record a pre-tax provision of approximately

A$155 million in its FY25 financial statements in relation to its obligations under the

Industry Response, to be classified as a Significant Item. This provision assumes that

BGC joins. For so long as BGC does not join, the direct costs funded by Iplex AU will be

proportionately lower, but the leak detector and overhead components are expected to

remain substantially unchanged.

In the Company’s 30 August 2024 announcement, cash outflows by Iplex AU in the first

full 12 months of the Industry Response were expected to be in the order of A$40-$50

million. Noting that BGC has chosen not to participate, Iplex currently expects its share

of Industry Response costs (ie after recovery of any reimbursement from the WA

Government) for the 7 months to 30 June 2025 is more likely to be in the order of A$15

million.




Fletcher Building Limited, Private Bag 92114, Auckland 1142, 810 Great South Road, Penrose, Auckland 1061, New Zealand

Risk

Despite the Industry Response being formalised and there being no product recall order,

legal and financial risks remain for Iplex AU and the Company. As noted in prior

announcements

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:

• the Industry Response provision described above relates to the obligations Iplex AU

expects to incur under it and is not an estimate of any other contingent exposure;

and

• there are a number of claims against Iplex AU outside the Industry Response relating

to these plumbing failures which seek recovery of a wide range of damages and

losses on behalf of all relevant homeowners and some builders, including the class

action previously advised. If a current or future claim was successful, it may have a

material adverse impact to the Group. The Industry Response will operate to some

extent as a mitigant of those risks but does not dispose of them. If those claims are

successfully defended, the funding Iplex has disbursed under the Industry Response

will not be recoverable from builders; but the Industry Response will have averted a

recall order being issued.

The Industry Response does not affect the right of homeowners to take action. They are

entitled to remain in the class action while taking up the work programme on offer. A

final outcome of a class action may replace the Industry Response terms for the homes

of class members and their successors.

Fletcher Building CEO and Managing Director Andrew Reding said: “The completion of

the Industry Response is a significant step for affected Western Australian homeowners

because it provides a practical and immediate response to affected homes, at no cost

to the homeowner. Fletcher Building has long recognised that industry cooperation was

required.

“We are pleased to be collaborating with builders and the Western Australian

Government – and we thank them for their partnership in this process.”


#ENDS


Authorised by:

Haydn Wong

Company Secretary



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See FY24 Financial Statements notes 2, 12 and 26, the Company’s Industry Response announcement on 30

August 2024 and the Equity raising investor presentation on 23 September 2024.


Fletcher Building Limited, Private Bag 92114, Auckland 1142, 810 Great South Road, Penrose, Auckland 1061, New Zealand


For further information please contact:


MEDIA

Christian May

Chief Corporate Affairs Officer

+64 21 305 398


Christian.May@fbu.com

INVESTORS AND ANALYSTS

Aleida White

Head of Investor Relations

+64 21 155 8837


Aleida.White@fbu.com

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