The Netherlands based company James Hardie Industries says it has reached a "substantial" agreement with the New South Wales government over a compensation package for Australian asbestos victims.
Source:
SBS
29 Nov 2005 - 12:00 AM  UPDATED 22 Aug 2013 - 12:18 PM

"While agreement is still to be reached on the final wording of certain provisions of the principal deed and related matters, it is not expected that these are likely to prove to be impediments to final agreement being reached on all issues," James Hardie said in a statement.

The agreement reached between the government and James Hardie's negotiators requires the approval of the James Hardie board.

The building products manufacturer has already agreed to compensate victims in a package of payouts estimated at A$1.7 billion, or up to A$4.5 billion over the next 40 years.

But it has taken almost 12 months to finalise the agreement and NSW Premier Morris Iemma gave James Hardie a deadline of last Friday to sign off on the deal or face laws forcing it to compensate victims.

The statement from James Hardie said that negotiations reflected the terms of the in-principle agreement signed on December 21 last year.

According to the terms agreed with the government, the implementation of the agreement is subject to a number of conditions, including approval by James Hardie shareholders and lenders, and the receipt of satisfactory tax rulings or treatment.

"James Hardie is presently undertaking appropriate governance and due diligence processes in anticipation of final consideration of the asbestos compensation funding proposal by the James Hardie Board by Thursday morning of this week," the statement said.

Details of the final agreement reached with government should be released shortly thereafter.

Victims cautious

But asbestos victims say they want to see some money before they'll believe James Hardie Industries' claim it is close to signing a compensation deal.

Asbestos Diseases Foundation of Australia (ADFA) president Barry Robson said James Hardie had sent out a similar statement 12 months ago.

"We are very cautious. We are not going to hold our breath because we have been down this path before," Mr Robson said.

"We don't really believe Hardie until we see some money flowing into that fund once again."

He said James Hardie only put out the statement because of pressure from the NSW government, which pledged to introduce legislation allowing victims access to compensation funds if the company didn't act.

"That's all it is, a smokescreen," Mr Robson said.

Meanwhile, the Construction, Forestry, Mining and Energy Union has cautiously welcomed James Hardie's announcement.

"We are hopeful a settlement is reached by the end of the week," NSW secretary Andrew Ferguson said.

"But there will be no celebrations by victims, their families or unions until this agreement is signed by James Hardie."