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WSWS : News
& Analysis : Australia
& South Pacific
Collapse of Australia's fourth largest telco adds to growing
list of corporate failures
By Terry Cook
8 June 2001
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The Australian corporate world has been shaken by the demise
of another major company, the third such collapse in a matter
of weeks. One.Tel, the country's fourth largest telecommunications
company (telco), ceased trading on the Australian stockmarket
on May 28 and was put into the hands of an administrator after
an investigation of the company's financial situation showed it
to be insolvent.
On June 5, administrator Steve Sherman ended all speculation
that the stricken company could be revived, announcing a wind-down
of One.Tel over the next seven to 14 days and the sale of all
its assets. Sherman told a creditors' meeting that the company
owed more than $600 million to more than 3,000 creditors and was
losing over $12 million a week. One.Tel's 1,400 workers, who are
owed a total of $19 million in accrued entitlements, will be progressively
laid off starting this Friday.
The company had connections in the highest corporate circles.
The Packer and Murdoch families, which respectively control the
media conglomerates Publishing and Broadcasting Ltd (PBL) and
News Corporation, owned 41 percent of One.Tel.
Among One.Tel's major creditors are Cable & Wireless Optus
group and Telstra, owed almost $100 million for providing access
to their communication networks. On Thursday the US company Lucent
Technologies, which is owed over $500 million for constructing
the first stage of One.Tel' s communications network, lodged a
$1.2 billion claim with the administrator.
Dominant telcos Optus and Telstra are now aggressively bidding
for the company's 220,000 mobile customer base and negotiations
are also underway to find buyers for One.Tel's landline and Internet
businesses. The company's Hong Kong, United Kingdom and mainland
European businesses are up for sale with expressions of interest
will be lodged this week.
The Industrial Relations Commission has eventually granted
One.Tel employees a redundancy package of four weeks pay for the
first year of service and a week's pay for every subsequent year.
But the maximum payout will be no more than eight weeks pay and
there is no guarantee that the workers will receive any severance
pay. One.Tel's administrators admitted after Monday's meeting
of creditors that there were not enough funds on hand at the time
of the dismissals to meet any of the workers' entitlements.
The One.Tel collapse is also sharply impacting on a host of
small creditors owed thousands of dollars for goods and services.
Many face bankruptcy and, according to the most recent reports,
will receive nothing from the company windup.
The One.Tel crash, which follows the recent collapse of HIH
Insurance and Impulse Airlines, is another blow to the Federal
Liberal government which is facing national elections later this
year and is already staggering under a series of electoral setbacks
and poor economic outcomes.
The fact that workers' entitlements are again under threat
while the major creditors and company executives are protected
is a further embarrassment to the government which is trying to
overcome the hostility engendered by its big business policies
over the last five years.
On Monday Prime Minister John Howard, in an attempt to contain
the political fallout, called on recently resigned directors Jodee
Rich and Brad Keeling to return $14 million in performance bonuses
so that sacked workers' entitlements could be funded.
In parliament Howard foreshadowed future legislation obliging
the executives of failed companies to return bonuses. He also
reversed an earlier statement by Workplace Relations Minister
Tony Abbott who had indicated that the government would not support
an application by the Community and Public Sector Union in the
Australian Industrial Relations Commission for a redundancy agreement
to cover One.Tel workers.
The reaction of the Australian media was scathing. Howard,
who in the 1980s was regarded in big business circles as the foremost
advocate of free market policies, has increasingly come under
attack for his populist attempts to shore up the government's
electoral prospects. A series of comments and editorials branded
the proposal to force the return of bonuses as an intolerable
restriction on the prerogatives of corporate boardrooms.
The Murdoch-owned Australian newspaper published a front-page
sketch lampooning Howard. John Howard didn't
turn up to parliament wearing a cloth cap and clutching a dog-eared
copy of Das Kapital... Don't be deceived, though. Howard
is the Battler's Prince. The Worker's Friend. A resident of The
Small End of Town... Comrade John now thinks no one should get
a bonus unless they a) deserve it; or b) are fellow federal parliamentarians,
the newspaper observed sarcastically.
The rest of the press followed suit. One of the Australian
Financial Review commentators branded Howard's announcement
as an example of craven populism in an election year when
politicians seek to outbid each other in pandering to demands
for blood. Its editorial reminded Howard that in a
market economy these matters should be driven by market forces
rather than government decisions.
To drive the point home, the newspaper's Chanticleer
column declared that the One.Tel collapse had let the loonies
out of the bin in the form of politicians from the Prime Minister
down, who are trying to win political points... Legislation
to force the return of bonuses was plain dumb, the
column said. These issues should be left to the courts and
to the recovery experts, but please save us from politicians like
the Prime Minister who is clearly jumping at any shadow that may
be perceived as saving his tenuous grip on power.
The rise and fall of One.Tel
Howard is not the only person in damage control mode. The Murdoch
and Packer business empires are also seeking to distance themselves
from the failed company. Any examination of the record, however,
reveals that James Packer, son of Kerry Packer, Australia's richest
individual, and Lachlan Murdoch, Rupert Murdoch's son, were intimately
involved.
One.Tel was launched by Jodee Rich and Brad Keeling in 1995.
James Packer was persuaded to invest in the company by a mutual
acquaintance, Rodney Adler, director of the recently failed HIH
Insurance group. Packer in turn brought in Lachlan Murdoch in
1999, at the height of the telco and hi-tech stock market frenzy
taking place internationally.
Without the involvement of Packer's Publishing and Broadcasting
Ltd (PBL) and Murdoch's News Corporation, which invested a total
of $955 million into the company, One.Tel would probably not even
have got off the ground. PBL and News Corp's support gave the
fledgling company credibility and a substantial cash-base to fund
its rapid expansion both domestically and overseas.
Rich was able to negotiate a $1.1 billion deal with Lucent
Technologies to construct One.Tel's mobile network with no interest
payments until 2003 and no capital repayments due until 2005.
Heavy advertising, much of it provided by the Murdoch and Packer
media outlets, and aggressive marketing pushed up the company's
subscriber base and share values.
Like other new telcos, the company sought to gain a foothold
in the deregulated communications market by reselling excess phone
capacity purchased from Telstra and Optus and offering cheaper
packages for both mobile phone connections and other communication
services. But the business strategy left One.Tel vulnerable as
Optus and Telstra determined access rentals and had far lower
operating costs. The provision of mobile phone services, for example,
cost Optus an average $265 per customer as compared to $416 per
customer for One.Tel.
The company's high risk, low yield strategy, with generous
incentives for new customers could not be sustained in the small
Australian market which had six mobile phone providersthe
second largest number of any country in the world. The US, with
a population more than 10 times larger than Australia, has seven
mobile network providers. The UK and Germany have only three.
Moreover, the company was specifically geared to making money
through stockmarket speculation. Recent reports indicate that
the bonuses paid to Rich and Keeling were specifically tied to
the rise of the company's shares rather than to profit or any
other indicator of the overall viability of the company.
Some made large profits including Steven Gilbert, a former
associate of international speculator George Soros, who made about
$85 million from One.Tel. Gilbert lent the company $60 million
in 1998 then converted his stake into 135.9 million shares at
35 cents, well below the then price of $2.40. He began selling
his shares in 1999 and continued throughout 2000 before quitting
One.Tel's board of directors in November last year.
To expand its operations One.Tel undertook outlays now shown
to be way beyond its financial capacity. The company recently
paid $523.1 million to procure mobile phone licensesa price
that even One.Tel admitted was $200 million over budget. The company
was also badly hit by recent changes by European network providers
which, because of their own cash-flow problems, cut credit terms
from 120 to 30 days.
More generally, however, One.Tel was caught up in the international
collapse of dotcom ventures. The Australian Financial Review
noted that the company's demise mirrors trends which have
seen the US telecom sector default on $US6.2 billion ($A12 billion)
in debt in the first quarter of this year alone.
The euphoric mood on the stockmarkets until last year
combined with the overly bullish views about the take-up of new
technology made it too easy to raise money for telecom investments.
As a result these companies have been hit by a double whammy of
having investors with unrealistic expectations about returns,
who are now panic selling, and to much capacity, which is placing
pressure on their ability to service debt.
Countdown to collapse
When the One.Tel disaster was first announced James Packer
and Lachlan Murdoch claimed to have been profoundly misleda
line that was dutifully reported in the media owned by their respective
families. But to anyone in the financial world who had followed
the fortunes of One.Tel, it was obvious that the company was in
trouble.
The signs began to emerge with a sharp fall in One.Tel's share
price throughout last year, dropping below $1 in September down
from a $2.50 high in 1999. According to recent investigations,
One.Tel was trading on the edge of insolvency as far back as December
last year.
Despite all of the factors eating away at One.Tel, company
executives continued to put a positive spin on its financial situation.
On January 25, Rich and Keeling presented briefing papers to a
One.Tel board meeting, claiming that the company would post an
operating profit of $41 million for the six months to the end
of June. The board even discussed the possibility of a $50 million
acquisition of rival phone group Comvergent.
Seven days later Rich reported to a meeting of investors that
the operating profit would be only $10 million. Whatever the reason
for the differing figures, both estimates proved to be a gross
falsification of the real financial state of the company. Nevertheless,
as recently as April 4, Rich and Keeling issued glowing reports
on One.Tel's financial status, saying it had a cash reserves of
over $75 million.
The first public indication that the company was in trouble
emerged at a board meeting on May 17 at which Rich and Keeling
suddenly resigned. News Corporation and PBL initiated
an investigation into the company's books and at the same time
promised a $132 million cash injection aimed at reassuring the
markets. A joint statement expressed their faith in One.Tel claiming
that the initiative positions the company well as they arise
in the changing telecommunications landscape.
Just 10 days later, however, the investigation found that the
company needed at least $400 million to remain viable, the offer
was withdrawn and One.Tel placed in the hands of the administrator.
A number of small investors were taken in by the hype surrounding
the offer and badly burnt. But the temporary breathing space allowed
enough time for major shareholders to recoup at least some of
their money. Company director Rodney Adler is known to have sold
off six million One.Tel shares raising $2.2 million dollars, the
day after the fateful May 17 directors meeting.
Subsequent media coverage has highlighted the large sums of
money earned by Rich and Keeling, who personally accumulated $65
million between them. The press has featured a number of stories
providing details on their luxury homes and other assets.
However, as far as James Murdoch and Lachlan Murdoch are concerned,
there has been a virtual media blackout. All that has been featured
is their disingenuous statement claiming to have been misled.
Predictably, however, there have been no exposés of the
lifestyles led by these two scions of the corporate establishment
or any probing questioning of how much they gained in the whole
affair.
The company is presently under investigation by the Australian
Securities and Investments Commission (ASIC). Last week ASIC raided
One.Tel's Sydney offices and the luxury home of Jodee Rich carrying
off hundreds of documents, including the minutes of the company's
board meetings.
ASIC agents were armed with warrants allowing them to gather
evidence to determine if either Rich or Keeling had engaged in
activity in breach of corporate law. The agents were also seeking
any information to show if Mark Silbermann, another company director,
had falsified company books and accounts.
The trio could face a range of charges including trading when
insolvent, insider trading and other matters relating to market
disclosure issues. According to press reports, Packer, Murdoch
and Packer's associate Rodney Adler are not cited in the warrants.
There is little doubt that One.Tel is only the tip of the iceberg.
The recent string of corporate collapses and faltering companies
goes beyond the dotcom companies and points all too clearly the
fragility of the Australian economy under conditions of a gathering
international economic recession.
See Also:
Hundreds of jobs axed after
takeover of Australian cut-price airline
[30 May 2001]
Australian government forced
to call royal commission into major insurance collapse
[22 May 2001]
Australian companies shed
thousands of jobs as economy deteriorates
[17 May 2001]
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