Fonterra answers 11 difficult questions about the BSC and that 40 cents

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All eyes turned to Fonterra Australia after Murray Goulburn (MG) scrapped its clawback just a couple of weeks ago. Fonterra has a legal agreement with supplier group, Bonlac, to match or better the dominant player’s price and MG’s “forgiveness” of the debt effectively raised the 15/16 payment to farmers.

It’s fair to say Fonterra’s response on Wednesday (see supplier email above) sparked outrage in many quarters and raised a host of fresh questions. I put some of those questions to Fonterra Australia’s milk supply manager, Matt Watt, and appreciate his answers below. Thank you, Matt.

MMM: Considering MG’s forgiveness of debt, what’s the 15/16 benchmark return?

MW: The benchmark price for 15/16 remains $4.80. The MSSP didn’t form part of that season’s milk price as it was a pre-payment on future year’s milk price. In other words MG was taking milk payments from future years to fund the gap of their step down. While MG has forgiven the clawback the debt now sits on MG’s balance sheet.

Unlike MG’s debt package, our support loan was optional and like a bank loan. Around 40 per cent of our suppliers took out the loan, and there was significant variation in the amount borrowed among the 40 per cent. To only forgive the loan would be inequitable for our total supply base.

MMM: What role did the Bonlac agreement play in Fonterra’s announcement of an extra 40 cents/kgMS?
MW: The spirit of the agreement played a role. However, the actual benchmark milk price was $4.80 and we delivered above that at $5.13.

MMM: Why are payments being made next season rather than now?
MW: Current suppliers have the option to take the 40c payment as an advance this season.  Nevertheless, the actual payments are calculated using next season’s production to ensure suppliers can get the full advantage of this additional payment and are not limited it to this season’s production (which may have been affected by the 15/16 price reduction).

MMM: Doesn’t the Bonlac agreement mean that suppliers can expect Fonterra to match or better MG’s price? Why has Fonterra not met that obligation for all suppliers impacted by the 40 cent shortfall in 15/16 and how many affected farmers are being excluded?

MW: The Bonlac Agreement only relates to the benchmark price and, as explained earlier, the MSSP payment does not relate to the benchmark price. In the 2015/2016 season, Fonterra’s final farmgate milk price was $5.13 vs MG’s final farmgate milk price of $4.80. Also, this current season Fonterra is paying $5.20 v MG’s $4.95.

Although not legally obliged, we are making the additional 40c payment to our suppliers as it’s the right thing to do.

All Fonterra farmers affected by the 15/16 price drop are being offered the opportunity to receive this additional payment, including existing, retired and returning farmers. We’re in the process of contacting all the farmers that have left us.

MMM: Under the proposed voluntary “Code of Conduct “, the 40 cents/kgMS payment that is designed to compensate farmers for the 15/16 season shortfall could be considered a breach. Will Fonterra sign and observe the terms of the Code?

MW: I don’t want to comment on the code implications of our announcement as it is in draft.  However, in our view, there would be no breach as this payment relates to the 17/18 season, not the 15/16 season.

MMM: Why will farmers who were not suppliers during 15/16 receive the 40 cent payment?
MW: Our additional payment is on next season milk. Our first priority is existing and returning farmers. With improved farm margins on the back of this announcement, we are hopeful that the vast majority of our milk needs will be covered by growth from our existing suppliers and returning farmers. Once we understand our milk for next year, we will then consider new supply where it will add value to our whole milk pool and contribute to our ability to pay a better milk price.

MMM: If eligible farmers apply for the “advance”, will they be free to spend that money as they see fit? If not, why not?
MW: Suppliers who do not have a support loan are free to spend the money as they see fit. Suppliers can manage their cashflow by electing to take the additional payment as a monthly payment.

MMM: Under the Bonlac agreement, how soon must Fonterra make up any shortfall and who is eligible?
MW: Although not legally obliged, we are making this additional payment as we think it’s the right thing to do and we have worked with BSC in relation to this proposal. We’re obliged to meet the price at the end of each season, and have done so since the agreement has been in place. For five of the last seven seasons, we’ve paid a farmgate milk price exceeding MG’s.

MMM: Will Fonterra commit to matching the market price in 17/18?
MW: Fonterra will be market competitive in 2017/18 – our asset footprint, product mix and the current global market means we can be confident of our ability to be market competitive.

MMM: Why is the Bonlac agreement not open to scrutiny by farmers who supply Fonterra under its terms?
MW: It is a commercial in confidence agreement; however a general description of the BSC Agreement is set out in our Milk Supply Handbook.

MMM: Apart from monetary incentives, what will Fonterra do to rebuild trust and confidence – not just for its suppliers but the wider Australian dairy industry?

MW: We are absolutely committed to rebuild trust and confidence. This starts with providing clear and timely price signals, as we did in our announcement yesterday. We are working on a number of other initiatives in that respect. On top of that, we will work with our farmers and industry on the finalisation of the code, on supporting farmers and the communities around them through our grass roots program and on innovation in helping to leverage technology to enable more informed and quick decisions on farm.