Displaying items by tag: Dispute

The Australian cement supply spat calmed down a little this week with the announcement that Wagners Holdings has agreed to resume the supply of cement products from its Pinkenba grinding plant in Brisbane to Boral. Legal proceedings are still on-going with a trial date set at the Supreme Court of Queensland in late November 2019.

The argument blew up publicly in March 2019, when Wagners said it had suspended its cement supply to Boral for six months. Wagners has a cement supply agreement with Boral whereby it supplies cement on an annual basis for a fixed price. However, Boral informed Wagners that it had found cheaper cement from a ‘long established’ supplier in South East Queensland. Local press speculated that this ‘long established’ supplier was Cement Australia, the joint venture between LafargeHolcim and HeidelbergCement. Wagners then had the choice to either match the lower price or suspend its supply. The disagreement took the legal route as the parties failed to reach an agreement. Wagner says that its cement supply agreement with Boral ‘remains binding on both parties’ until 2031.

Wagners later reported that it expected the suspension to cost it around US$7m in 2019. The deal with Boral constituted about 40% of its cement sales volumes. Its overall revenue grew year-on-year in its 2019 business year to the end of June 2019 but its cement sales volumes fell. Its earnings also fell. This was blamed on higher activity in lower margin areas such as contract haulage and fixed plant concrete, and delays in major infrastructure project work in South-East Queensland.

Boral, meanwhile, suffered from falling revenue and earnings from its Boral Australia subsidiary in its financial year to June 2019 due to a slowing construction market. Notably, its cement sales revenue rose by 7% due to ‘favourable’ pricing, higher volumes and cost-saving programs. It didn’t say whether the cost cutting included sourcing cement from a different supplier! All of this though was counteracted by lower contributions from its Sunstate joint venture (JV) with Adelaide Brighton and higher fuel and clinker costs.

All of this is fascinating because these kinds of disputes usually remain out of the public eye. The large size of Wagners’ cement supply deal with Boral meant that when it was threatened it likely had to tell its shareholders due to the potential financial impact. Whether Boral can wriggle out of the contract is now a matter for the courts.

The broader picture is that even though Boral Australia’s cement division seemed to be growing in its 2019 financial year it was still trying to reduce its costs in the face of a decelerating construction market. Added to this, the companies hold both a supplier and a competitor relationship. On the production side Boral operates an integrated plant at Berrima in New South Wales (NSW), a grinding plant at Maldon, NSW and another grinding plant in its Sunstate JV at Brisbane, Queensland. Wagners runs its own grinding plant at Pinkenba, Queensland. Both companies operate concrete plants. This is not unusual for a concentrated industrial sector like cement but it creates problems for the regulators. Note that, also this week, the Australian Competition and Consumer Commission was reportedly paying attention to the links between Barro Group and Adelaide Brighton. Barro owns a 43% stake in Adelaide Brighton but the authorities are concerned about a possible overlap in the two companies’ roles as suppliers of cement, concrete and aggregates. Any slowdown in construction in Australia seems likely to heighten these kinds of issues.

Mauritius: Private Infrastructure Development Group (PIDG)’s subsidiary GuarantCo has filed an insolvency petition against Dalmia Bharat Cement’s subsidiary Calcom Cement India for the alleged non-payment of US$27.5m. The Financial Express has reported that GuarantCo was the guarantor for various loans which Calcom obtained from Indian banks in 2007. A Dalmia spokesperson has stated that the procedures are intended “to put pressure on Calcom Cement,” which “has not committed any default in making payments to GuarantCo.”

Namibia: Employees at Cheetah Cement have expressed ‘dismay’ with the lack of Namibians in higher ranks and managerial positions at the cement producer, despite them holding the relevant qualifications. The workers claim that Cheetah Cement, located a few kilometres north of Otjiwarongo in the Otjozondjupa region, largely employs Chinese nationals.

According to a recent grievance letter seen by The Namibian newspaper, the workers claim that the company currently employ more Chinese workers than local ones, even where Namibian employees have the necessary skills for those positions.

Speaking on condition of anonymity, one employee described the workings of the company’s 'understudy programme,’ which positions a Namibian to work under a Chinese employee, supposedly to allow an exchange of skills. The source stressed that the Namibian employees are often more qualified than their Chinese counterparts.

Furthermore, the letter details complaints about poor and unfair working conditions, amongst them the absence of work contracts, lack of medical aid, plus low wages and victimisation.

India: UltraTech Cement and local truck companies have ended a dispute over the size of payloads in Himachal Pradesh after mediation from the state government. The disagreement over increasing the size of truckloads to 12t started in late December 2018, according to the United News of India agency.

Saudi Cement: City Cement’s Al Madina Cement subsidiary says it has reached a final settlement with China’s Sinoma International about the construction of a second production line. The parties have agreed an 8% discount on the total cost of the project worth around US$11m. Trial operation on the second line at the plant was originally announced in late 2014.

Egypt: South Valley Cement says it is in a dispute with China’s Sinoma CDI over an upgrade to its Beni Suef plant. The cement producer alleges that Sinoma has not met its contractual obligations on the project to build new mills. South Valley Cement says that Sinoma has liquidated letters of guarantee worth nearly US$2m, left the construction site and started arbitration proceedings. South Valley Cement is now considering its legal options. The status of the upgrade project remains unknown.

Bolivia: Transport firms in Chuquisaca in Bolivia are reported to be ‘in state of emergency’ after they decided to stop carrying cement on behalf of local producer Fancesa. The cement producer recently decided to lower the fare it pays for trips from its plant to Santa Cruz to US$1.88/bag (50kg) from US$2.18/bag, a fall of 13.7%.

Kenya: East Africa Portland Cement Company (EAPCC) properties are set to be auctioned to recover US$13.9m owed to workers following the firm’s failure to fully implement a collective bargaining agreement (CBA).

The Kenya Chemical and Allied Workers Union (KCAWU) has already obtained the services of an auctioneer, who will start auctioning EAPCC property upon expiry of the notice. The auctioneer will be seeking to recover the money for more than 400 workers covered in the 2013–2015 CBA.

The said CBA was the subject of a dispute before the Labour Court and the Court of Appeal. EAPCC was aggrieved that the court had directed it to increase wages for contract employees.

Court of Appeal judges GBM Kariuki, Fatuma Sichale and Sankale ole Kantai, held that upon the contract staff who were not part of management becoming members of KCAWU on payment of union dues, they were entitled to benefit from the negotiated CBA.

India: The Madras High Court has pulled up Chettinad Cement Corportation (Chettinad) for encroaching upon public land to construct railway track to its factory at Ariyalur. It has ordered a probe by an IAS officer. Justice SM Subramaniam also ordered a probe into the role of government officials, who may have colluded with the factory management to squat on government land without permission.

"Such industries cannot encroach upon the government land, which is not only a water body, but also used as a pathway by the villagers and the people of that locality,” said Justice Subramaniam.

The court passed the order while dismissing a plea moved by Chettiand against the action of the sub-collector against the encroachment. The court further directed the district administration to evict all such encroachments made by the company on the land and water bodies within two weeks.

Colombia: Cemex Latam Holdings, the subsidiary of Mexican cement company Cemex in Central and South America and Caribbean region, has confirmed that is ‘solving’ the legal issues that prevent the opening of its new plant in Maceo, Antioquia, Colombia. The inauguration of the facility was postponed in May 2017 after authorities stated that the plant had not obtained all the permits to start operations. Jaime Muguiro, president of Cemex Latam, expressed that the company was still awaiting authorisation for the expansion of the plant's installed capacity, which is currently artificially limited to 0.25Mt/yr. The plant has a design capacity of 1.3Mt/yr and has so far cost Cemex US$420m.