Insulation industry news from Global Insulation

New Zealand: Fletcher Building has appointed Tony Dragicevich as a non-executive director and member of its board of directors, effective from 1 August 2024. Dragicevich previously served as managing director and CEO of aluminium producer Capral, and has held leadership positions at Wattyl Group, GWA Bathrooms and Kitchens, Red Paper Group and Carter Holt Harvey Insulation. He holds a commerce degree from the University of Auckland.

Acting chair Barbara Chapman said "Tony is a highly accomplished CEO and director who brings significant experience in leading distribution and manufacturing businesses across Australia and New Zealand. His successful career in the building products sector, combined with his strong track record of delivering value for shareholders, make him an excellent addition to Fletcher Building's Board."

New Zealand: Fletcher Building announced the retirement of its chief executive officer Ross Taylor on 14 February 2024. As part of a board renewal review, chair Bruce Hassall will also leave. Fletcher Building’s People and Remuneration Committee chair, non-executive director Barbara Chapman, will lead the search process for replacements. Handovers are scheduled to take place in October 2024.

The producer said “The board thanks Bruce and Ross for their leadership and contribution since 2017. During this period, they have led the turnaround of Fletcher Building, which has seen the core businesses becoming more focussed and profitable, with improved earnings, margins and returns.”

New Zealand: Fletcher Building Materials recorded consolidated sales of US$5.37bn during its 2022 financial year, up by 4.7% year-on-year from US$5.13bn in the previous year. Its net earnings also rose by 42%, to US$273m from US$193m.

The group's building materials division contributed US$1.02bn-worth (17%) of group sales. The division made capital expenditure investments of US$129m. During the financial year, its insulation subsidiaries Forman Building Systems and Tasman Insulation merged under its new Comfortech business. Comfortech will commission a new glasswool plant in mid-2023. Fletcher Building Materials says that, when operational, the new unit will help to serve increased ceiling insulation demand arising from changes to the New Zealand Building Code.

Fletcher Building Materials chief executive officer Ross Taylor said "The 2022 financial year has not been without its challenges. Global and national supply chain disruptions have continued into the third year of the Covid-19 pandemic." He added "The New Zealand Commerce Commission recently published its interim market study report into residential building supplies. The final report and recommendations will be published in December 2022 and in the meantime we will continue to work collaboratively with both the commission and the government."

New Zealand: Fletcher Building has suspended the production of its Pink Batts glass wool insulation at its plant in Canterbury region due to Covid-19 lockdown measures. RNZ News has reported that New Zealand entered Covid-19 lockdown level 4 in September 2021. As a result of the closure, Pink Batts insulation is in ‘extremely limited’ supply, including in the Auckland market.

New Zealand: Fletcher Building has reported that its net profit rose by 51% year-on-year to US$114m in the half year that ended on 31 December 2015 from US$75.6m in the same period in 2014. Its sales rose by 2.5% to US$2.94bn from US$2.87bn. It attributed this to growth in its building products and distribution businesses making up for weaker earnings from Formica and New Zealand housing developments.

Fletcher Building reported that gypsum wallboard volumes via its Building Products division rose by 9% in the half year. Volumes of performance board rose by 12%. Sales volumes of insulation rose by 12% in New Zealand and 9% in Australia. It noted that its market share has also improved in both insulation markets due to competitive pricing following the strengthening of the US Dollar.

New Zealand: The Court of Appeal has confirmed that the term 'batts' is not in common usage in New Zealand as part of a fight over whether Pink Batts' trademark of the word should be revoked.

Fletcher Building's unit Tasman Insulation makes Pink Batts and sued rival Knauf Insulation for trademark infringement because it used the words 'batt' and 'batts' on its Earthwool products and also on the earthwool.co.nz website. Tasman has owned the Batts trademark for insulation materials in New Zealand since 1973. The term 'batts' is not covered by trademark protection outside New Zealand and is used in Australia and the USA to describe pre-cut pieces of insulation material.

Knauf started exporting some of its Earthwool products to New Zealand in 2011 with packaging that used the words 'batt' and 'batts' in the installation instructions. In November 2011, Knauf applied to revoke Tasman's 'batts' trademark and in December 2015, Tasman started trademark infringement proceedings. Knauf claimed that Tasman's trademark registration was not valid because the word 'batts' had also become generic in New Zealand. To succeed, Knauf had to prove that 'batts' had become a common name in general use by New Zealanders and that this came about by Tasman's acts or omissions.

In his decision in May 2014, the High Court's Justice Brendan Brown did not believe it had. Even if he was wrong on this point, Justice Brown said, Knauf had fallen 'significantly short' of establishing that it was the acts and inactivity of Tasman that caused the trademark to become a common name in general use. The judge also made ruling claims from both sides that the other had breached the Fair Trading Act.

Parts of the case went to the Court of Appeal, which has now largely upheld Justice Brown's rulings. "Our analysis of the origins of the word 'batts' suggests that, at least in New Zealand, the word was not widely used or understood by the general public as a descriptive term and that it did not become a term in general public use until it began to be promoted by Tasman's predecessor after the trade mark was registered in 1973," said Justices Tony Randerson, Christine French and Mark Cooper. "Thereafter, in consequence of the marketing campaigns undertaken, the word 'batts' became strongly associated in the public mind with Tasman's Pink Batts insulation products. We conclude that the judge was correct to find that the term 'batts' had not become a common name in general public use."

The Court of Appeal confirmed that Knauf's use of the word 'batts' on the earthwool.co.nz website did not infringe Tasman's trademark. However, the three judges also found that Justice Brown was right to decide that the Earthwool brand and online marketing were misleading and deceptive. The trio differed with the High Court on one aspect; on whether Knauf's use of the word 'Batt' in the website's code infringed Tasman's trademark. It is understood this was at issue because the website showed in internet searches for 'batts.' While the High Court believed the use of the code did infringe the trademark, the three appeal judges said that this was wrong.

Australia: Fletcher Building is considering selling its insulation business, which could see the manufacturer of Pink Batts get a new owner. The company said that further asset sales were on the cards, although it did not specify insulation.

"Fletcher Building is undertaking an ongoing review of its business portfolio with a focus on lifting operational and financial performance and pursuing organic growth. The review process invariably leads to speculation on a range of possible outcomes. The company is aware of its continuous disclosure obligations and will promptly communicate to the market if or when there are substantive matters required to be disclosed," said a statement from Fletcher Building.

Fletcher holds its insulation assets, Tasman Insulation and Fletcher Insulation, in its light building products division. Fletcher Building has a market capitalisation of US$3.45bn and it is Australasia's biggest supplier of building and construction materials. These include laminates, cement, pipes and roofing. It has just won the New Zealand International Convention Centre contract in Auckland, as well as the contract to build Precinct Properties' US$396m, 38-level Downtown Tower at the foot of Queen St on the waterfront.

Fletcher Building's Chief Executive Mark Adamson made it clear at the 2015 annual meeting that he had not bought any new assets since starting in the job, but had instead been dealing with the difficult legacy of selling businesses that were either underperforming or not up to expectations. "In my time in the job, we have not made one single acquisition," said Adamson. "I have had to deal with what we have today. Profitability is improving, maybe not as fast as anyone would like."

New Zealand: Germany's Knauf and Fletcher Building, New Zealand's largest building supplies company, have returned to court for a cross appeal, the latest instalment of their long-running dispute over the use of the word 'batts' to describe insulation.

Appearing in the Court of Appeal before Justices Tony Randerson, Christine French and Mark Cooper, the legal counsel for Fletcher's Tasman Insulation subsidiary, Julian Miles QC returned to the argument that Knauf's use of 'batt' or 'batts' on the packaging of insulation infringed the 'Batts' trademark it has held since 1973.

The two building supplies companies are both appealing aspects of Justice Brendan Brown's May 2014 judgment, which refused a request from Knauf to revoke the trademark. In the same judgment, Justice Brown also limited Fletcher's claim of infringement of the trademark to the use of 'batt' in the HTML code on the www.earthwool.co.nz website, which sold Knauf insulation, and said the use of the word in the installation instructions on the packaging didn't infringe trademark.

Dwarfed by more than 10 boxes of files and three large rolls of Knauf insulation, Tasman's Miles said the rival company first started importing its insulation into New Zealand in December 2010, originally in clear packaging labeled 'loft roll.' However, during 2011 Knauf began to bring in 'what we understand was the same product with different packaging,' which included instructions which referred to the product as 'batts.' Miles pointed out the difference using the three insulation rolls in the court room.

Miles argued that Knauf's use of 'batts' on its packaging was a 'deliberate' attempt to use Fletcher's trademarked term. He said the change from the original non-offending packaging to the inclusion of the term came after market research showed the widespread use of the term over the past four decades.

Knauf 'knew (Batts) had a trademark, the only inference that you can draw from that is that they intended to undermine a trademark,' he said, adding that it was' irrelevant' how the term was used in other countries, as this dispute concerned only the New Zealand market.

Knauf, represented by Clive Elliott QC, is appealing Justice Brown's ruling that the 'Batts' trademarked term for insulation is not generic. In its submission Knauf argues Tasman was flawed in asserting 'Batts' was a highly distinctive and iconic trademark, and it has always been a descriptive word to describe portions of insulation. There is no evidence Knauf set out to destroy the distinctiveness of 'Batts' and Tasman's efforts to protect the mark were 'too little, too late.'

"Knauf submits that if traders have chosen not to use 'batts' it is reasonable to infer that this is because of a fear of being sued by Tasman rather than in express of implied acknowledgement of Tasman's proprietary assertions," Knauf said it its submission. The company points to CSR, which had also applied to revoke the trademark use of the term as further proof it is considered a generic term.

The global insulation business said the use of 'batt' and 'batts' on its insulation bales imported into New Zealand was because of the genuine belief the word was descriptive. The original bales had been shipped from Russia and the USA, where the words are considered generic terms and it wasn't economical to manufacture product with New Zealand-specific packaging.

The hearing is set down for three days in the Court of Appeal, and is continuing.

New Zealand: Fletcher Building has forecast an upturn in earnings as it moves to triple the pace of home building in New Zealand and is involved in a pilot social housing project with the government in Christchurch. The company told shareholders at its annual general meeting that full-year operating earnings in the 2015 financial year could rise by as much as 11% to US$650-690m, compared to US$624m in the 2014 financial year.

New Zealand: Fletcher Building will close its Christchurch insulation plant, as it consolidates its Tasman Insulations operations in a ‘highly competitive market.’ The proposal would see 29 Christchurch factory workers lose their jobs manufacturing Pink Batts insulation, while its Auckland factory will become a round-the-clock operation. Current Christchurch-based customer service, sales and warehousing roles will be unaffected, with two new jobs created, while nine further positions at the Auckland plant will be offered.

"Consolidation is in the best interest of our people and our customers," said Tim Richards, chief executive of building products. "We are operating in a highly competitive market, impacted by an increase in volume of imported product and a general reduction in demand for insulation following changes to EECA's home insulation programme in 2013."